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  • 21. Dezember 2020

    What Is Validity Of Arbitration Agreement

    An arbitration agreement valid under Section 1029 (1) ZPO requires that the intentions of the parties to settle and exclude the jurisdiction of the state courts can be clearly and unambiguously inferred from the agreement. Nevertheless, the decision on the validity of a compromise clause depends on the particular circumstances of the case. It is therefore very wise to use standard arbitration clauses of ad hoc institutions or arbitrations in order to avoid tedious and costly disputes over the validity of a compromise clause. In addition, the parties should agree on the place of arbitration, the number of arbitrators and the language of arbitration in the compromise clause. The reasons for the recognition and execution of a sentence are strictly limited, particularly in the case of a foreign arbitration award and its validity must be determined in accordance with the New York Convention. Tugendhat J in Accentuate Ltd/Asigra Inc [2009] EWHC 2655 (QB) has been added to the list of prices that cannot be recognized and applied in England. The conciliation clause in the event of a dispute – translated into English and abbreviated – reads: compliance with the second requirement – as in this case – often poses problems: the agreement between the parties to submit all or part of the dispute to arbitration. It is important that the arbitration agreement be clearly and clearly inferred that the parties intended to exclude state courts as a dispute resolution forum and to have disputes resolved through arbitration proceedings. However, there are limits to this pro-arbitration approach.

    If the parties subscribe to a forum selection clause in favour of the regional courts and merely indicate their desire to agree on an arbitration procedure, the courts may declare that the parties` intentions to be bound by arbitration are unclear (e.g. B OLG Munich, 13.7.2017, BeckRS 2017, 117774). In Kaye v Nu Skin UK Ltd [2009] EWHC 3509 (Ch), the applicant asserted that a compromise clause in an English contract providing for arbitration proceedings in Utah was not binding. In accordance with its usual practice, the English court refused to support its own procedure and decided to consider the issue of validity rather than refer it to the arbitrators. The NY12 Agreement and most national arbitration statutes make it a formal requirement that the arbitration agreement be written13.13 „All disputes arising from this contract, its performance and interpretation are decided by an arbitration tribunal without the state courts. The parties will enter into a separate arbitration agreement in this regard. In most cases, the question of the validity or scope of a compromise clause returns to the court where Part A initiates legal proceedings, and Part B seeks to suspend confidence in an alleged compromise clause.

    Verfasst von Stefan Oberhauser

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    Veröffentlicht in Allgemein


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