StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Arbitration - Coursework Example

Comments (0) Cite this document
Summary
Arbitration The arbitration clause in a contract which is a common feature in all international contracts is an agreement separate from the underlying contract and hence known as the “bedrock” of international arbitration.1 The arbitration agreement must be carefully drafted so as to provide for the rights of the parties and their duties to submit to arbitration proceedings and competence of arbitral tribunal to resolve disputes…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93% of users find it useful
Arbitration
Read TextPreview

Extract of sample "Arbitration"

Download file to see previous pages and Malaysia and hence the contract between them is an international contract attracting the law of international commercial arbitration. The contract envisages supply of toilet flushes by the Malaysian company to the London plumbing firm. It is clear that their contract has a clause for arbitration to be resorted to in the event of disagreement or dispute between them. On the one hand, George Ltd of London wishes to terminate the contract and Cheap Stock Corp of Malaysia maintains that George Ltd’s demand for termination is a violation of the contractual terms, on the other. This constitutes a dispute between them warranting arbitration as provided by the arbitration clause of the underlying contract. The arbitration agreement if valid will enable the arbitrators to decide whether the London firm is entitled to prematurely terminate the contract entered into with the Malaysian company by examining the terms of the underlying contract. ...
The seat or legal place of the arbitration shall be [city and/or country]. The language to be used in the arbitral proceedings shall be [language]. The governing law of the contract shall be the substantive law of [jurisdiction].”3 If the parties have not chosen any institutional arbitration, UNCITRAL Arbitration rules provides for Ad hoc arbitration according to which the arbitration clause shall be as follows. Ad hoc arbitration under UNCITRAL Arbitration Rules “All and any disputes or differences arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be referred to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules [as at present in force/as in force at the time when arbitration proceedings are commenced] (‘the UNCITRAL Rules’).” 4 The adhoc arbitration clause is more inclusive in that it includes even differences apart from disputes relating to “agreement or breach, termination or invalidity thereof.” 5 Since the parties do not appear to have chosen any institutional arbitration, Adhoc arbitration as per the UNCITRAL rules may be applied. The relevant rules in this connection stipulate “The Notice of Arbitration shall be served in accordance with Article 3 of the UNCITRAL Rules”. 6 Further, the appointment of arbitrators and their numbers (one or three) and the authority (institution) by whom to be appointed are also to be governed by the UNCITRAL Rules. The place and the seat of the arbitration such as city and/or country and language of arbitration will also be named by the authority. Validity of the arbitration agreement in the contract The contract in question contains the term ‘any disagreement or dispute between the parties ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Arbitration Coursework Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved de https://studentshare.org/law/1391782-arbitration
(Arbitration Coursework Example | Topics and Well Written Essays - 2500 Words)
https://studentshare.org/law/1391782-arbitration.
“Arbitration Coursework Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.org/law/1391782-arbitration.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Arbitration

Arbitration System in Australia

..., an examination of the contemporary attack on arbitration and the move toward more laissez-faire industrial relations will be assessed. Economic and social equality in the Australian arbitration is regulated by federal regulation which is exemplified in its arbitration act. According to the Australian Centre for International Commercial: “In general international arbitrations in Australia are governed by federal legislation, the International Arbitration Act 1974 (Cth). The Act incorporates an internationally accepted law on arbitration known as the UNCITRAL Model Law on International Commercial Arbitration. However,...
7 Pages(1750 words)Literature review

Recognition and Enforcement of the Arbitration Awards in UAE

... in the Middle East because of the special status granted to one of its Emirates Dubai, is a signatory since 2006 to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ( Oxford, 232). The UAE is also a signatory to the 1983 Riyadh Convention on Arbitral Awards (Sanders, 56) , besides being a member since 1982 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). The main objective of the UAE, like any other country, in acceding to these conventions on Arbitration Laws is to protect its interests in attracting international investments into its territories in general and into Dubai in particular by falling in line...
14 Pages(3500 words)Research Paper

Selecting an Arbitration Forum in Asia

...eans of foregoing the complexities attached to legal systems, their processes and laws.3 Economic expansion in Asia, particularly Southeast Asia is such that more and more international trade and investments are being directed to the region.4 As a rule, increases in commercial trade increases the number of disputes.5 The divergent legal systems involved in international commercial disputes make arbitration of disputes more appealing than formal litigation. This is particularly relevant to Asia, an area that has expanded economically both regionally and internationally. The increase in cross-border trade corresponds with an increase in commercial disputes and an increase in divergent legal systems. For international and regional...
10 Pages(2500 words)Research Proposal

Court's Supervision and Assistance in International Arbitration: Comparison of People's Republic of China and Hong Kong

...China and Hong Kong. It is not a surprise that the research compares the two, though they are more of a single state, China and Hong Kong have different ways of tackling international cases and in this research states the differences and similarities, the advantages and disadvantages that arise because of those differences and similarities. In Hong Kong, the court ensures minimum interference in international arbitration and everything to do with supervising legal matters of international arbitration is done by the Hong Kong International Arbitration Center and the other bodies within it. The company took over all the responsibilities in international arbitration that would have been carried out by the Hong Kong court. The case is...
10 Pages(2500 words)Research Paper

Arbitration Provisions For International Oil And Gas Agreements

...of losses. References David, M. (1996). Upstream oil and gas agreements: with precedents. UK. Sweet & Maxwell. Derman, A. Hallake, M. Golding, A. Katz, W. and Vermillion, P. (2006). Choice of Law Considerations when Drafting Arbitration Provisions for International Oil and Gas Agreements. UK. Thompson and Knight LLP. Hewitt, T. (2008).Who is to Blame? Allocating Liability in Upstream Project Contracts. UK. Journal of Energy & Natural Resources Law, Vol 26. Maccatram, G. (2008). How can the indemnity clause expand or limit the responsibility for liability of the parties in International Oil and Gas contracts? UK. Markov, T. (2008). Indemnity in the International Oil and Gas Contracts: Key features,...
17 Pages(4250 words)Research Paper

The International Arbitration Act

.... This paper will concentrate on Question B of the discussion, noting the submissions and critiquing same. Question B of the IAA discussion paper asked if “the International Arbitration Act be amended to provide expressly that a court may refuse to recognise and enforce an arbitral award only if one of the grounds listed in subsections 8(5), 8(7) or 8(8)?” This is in response to an approach that was set forth in the case Resort Condominiums International Inc. V. Bolwell and Another [1995] 1 Qd R 406,2 in which the Supreme Court of Queensland found that a court has discretion to refuse to enforce and recognise an arbitral award, even if that award was not specifically in violation of the grounds set forth in section 8 of the IAA, while...
15 Pages(3750 words)Term Paper

Does the Arbitration Agreement Have Effect before Local Legal Agreements

..., it is certainly possible to follow the path of legal settlement within courts of law. In most instances, however, it is more pragmatic and economically sound to follow the legal route of arbitration. In effect, international commercial arbitration has become the leading method by which to resolve disputes stemming from commercial agreements. In effect, international agreements between companies, based in contracts, are made with the possibility of future arbitration in mind. Clauses within initial contracts will make provision for the probable need for binding resolutions by selected arbitrators in the event of future conflicts and disputes. When all affected parties...
13 Pages(3250 words)Assignment

International Commercial Arbitration as an Alternative Dispute Settlement Mechanism in International Trade

...are enforceable a in majority of countries under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Whenever two or more parties are involved in a dispute, it is preferable if they were able to discuss it between themselves and arrive at an amicable solution. This is true whether the parties are members of a family, States or commercial entities. Only the parties themselves can attain a resolution that will not only resolve the dispute, but also make easy a useful future relationship (Holtzmann & Neuhaus, 1995). Arbitration is the most prominent of the private dispute settlement mechanisms, both domestically and for international commercial relations....
10 Pages(2500 words)Coursework

Arbitration Needs Municipal Laws to Settle Disputes

... of Popular Dissatisfaction with the Administration of Justice (known as Pound Conference) in Saint Paul, Minnesota. Academics, court staff and lawyers banded together to search for new ways of dispute resolution. The most important and most widely used alternative dispute resolution method is arbitration. An out-of-court settlement of a dispute between opposing parties by a compromise proposed by a neutral authority accepted by both the parties is called arbitration. How is Arbitration Different From Other Municipal Laws? Arbitration is different from municipal laws in the fact that this is a contract that, if replaced with municipal legal procedures1, can resolve a legal dispute out of court: During the conciliation something new...
16 Pages(4000 words)Coursework

Arbitration on Buyer-Seller Disagreement

...obtained from different sexes of animals will fetch different prices in their markets. Since the attempt by the traders to resolve the dispute by them has failed completely, then a need for arbitration arises. The most important thing that the arbitrator should consider in this dispute resolution is the fact that a company is guided and under obligation to follow both the domestic laws regulating business transaction and the laws of the foreign country where the company is undertaking its business. In this case, owing to the fact that in Germany livers fetch different prices, based on which sex of the animal they come from, then the German importer has a reason to require the American supplier to pay a...
2 Pages(500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Coursework on topic Arbitration for FREE!

Contact Us