The above clause includes all elements of an arbitration agreement, including arbitration issues, arbitration intent, arbitration headquarters, arbitration institution, arbitration rules, the right to the validity of the arbitration agreement, the constitution of the arbitration tribunal and the language of arbitration, and clearly explains concepts that are easy to confuse. While the parties wish to mediate in other arbitration institutions, they may also use the compromise clause of this model as a reference. In summary, an arbitration agreement that does not apply to the New York Convention because it does not meet the above three requirements may not be able to benefit from the “arbitration” rule under the New York Convention. Countries and regions, including the United States, the United Kingdom, Germany, Canada, Singapore and Hong Kong SAR, which have adopted the UNCIR model law as their model legislation, have taken up this definition in their arbitration laws. However, there are also some national arbitration laws have adopted a narrower definition. For example, China`s arbitration law has imposed restrictions on the content of the arbitration agreement, provided that the arbitration agreement specifies the arbitration commission chosen by the parties. It should be noted that the arbitration agreement does not require the parties to reach an agreement before disputes arise. In the event of a dispute that has already taken place, the parties may also enter into an arbitration agreement. In this case, since the facts at issue have already occurred, the arbitration agreement between the parties may even conclude more specific and flexible agreements, based on the current situation than that obtained before the litigation. If well adapted, the preferences and interests of both parties will be maximized. However, if the parties do not fully understand the legal significance of the various elements of the arbitration agreement, which leads to a lack of essential elements or ambiguous content, this may result in additional litigation and procedural delays, or even invalid arbitration agreements or unenforceable arbitration awards. First, the procedural law applicable to arbitration procedures, which relates to the right to which arbitration itself is subject and which governs both internal procedural and external regulatory issues of national courts in the context of arbitration proceedings.
In particular, the most important content is the limit of judicial review of arbitration proceedings, including formal elements, jurisdiction and enforcement of distinctions. In principle, the right to arbitration is the right of arbitration of the court of arbitration. However, in very limited circumstances, if it is otherwise expressly agreed in the arbitration agreement, there are judicial precedents that recognize that the right of arbitration may depart from the right of arbitration at the place of arbitration. However, such inconsistency will cause serious problems for the arbitration itself and possible judicial review. (III) Can arbitration agreements engage third parties? … on the new FA agreement of Norwegian Labour Minister Anniken Haugland. It is surrounded by the leaders of the four trade union confederations and the four employers` organisations, as well as the Norwegian Minister of Local Government and Modernization (far left). After that, the parties can be sure that they can continue to agree on such things as the place of arbitration, the number of arbitrators, the composition of the arbitral tribunal and the language.
These elements will not have a significant impact on the effectiveness of the arbitration agreement.