Ví dụ về việc sử dụng An arbitration agreement trong Tiếng anh và bản dịch của chúng sang Tiếng việt
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The question therefore is whether there is an arbitration agreement between the parties?
An arbitration agreement may be made either prior to or after the dispute arises.
Article 6(6): Decisions by state courts on the existence of an arbitration agreement.
The validity of an arbitration agreement depends on whether it is in a written form or not;
In particular,English Courts have established implied confidentiality obligations from the existence of an arbitration agreement.
The parties to an arbitration agreement have, at the time of conclusion of that agreement, their place of business in different States; or.
Dr. Phil's attorneys are asking the lawsuitbe dismissed because Harris had signed an arbitration agreement and she has no case.
The existence of an arbitration agreement must be raised by one of the parties prior to any defense on the merits of the case, however.
Article 19 of the Law onCommercial Arbitration expressly provides that“an arbitration agreement shall exist totally independently of the contract.
In the event that an arbitration agreement has been entered into force and the dispute arises, can either of the Parties institute court proceedings?
In addition,article 5.1 of the Law on Commercial Arbitration provides that an arbitration agreement can be made either prior to, or after, the dispute arises.
Pursuant to Article 5.1 of Law on Commercial Arbitration, a dispute shall be resolved by arbitration if the parties have an arbitration agreement.
(1) An award made by the tribunal pursuant to an arbitration agreement may, by leave of the court, be enforced in the same manner as a judgement or order of the court to the same effect.
The arbitration shall proceed if andto the extent that the Court is prima facie satisfied that an arbitration agreement under the Rules may exist.
An arbitration agreement gives rise to a‘negative obligation' whereby both parties expressly or impliedly promise to refrain from commencing proceedings in any forum other than the forum specified in the arbitration agreement. .
Therefore, the claimant party should consider the costs andtime of the proceedings as well as the possibility of an arbitration agreement for the selection of jurisdiction agency.
(5) Furthermore, an arbitration agreement is in writing if it is contained in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other.
Since the 2006 Reform in Austria, an exchange of unsigned letter betweenparties was sufficient to uphold the validity of an arbitration agreement, the Austrian Supreme Court held.
For an arbitration agreement to be valid and enforceable under Serbian law, it must refer to an arbitrable dispute, which is defined as a dispute concerning rights that the parties can freely dispose of and which do not fall under the exclusive jurisdiction of State courts.
The vast majority of Austrian authors also subscribes to the opinion that an exchange of unsignedletters between the parties suffices for the valid conclusion of an arbitration agreement.
For instance, the recent enacted Federal Act No. 13.448/2017, which partially amended the Concession Act,requires an arbitration agreement as a condition for the renegotiation of concession contracts with the Public Administration.[7].
Reference by the parties during the course of a transaction to a document such as a contract, source document,company charter or other similar documents which contain an arbitration agreement.
As has been emphasised by scholars,the former Brazilian practice required that“even where an arbitration agreement[i.e. arbitration clause] existed, it was still necessary to enter into a submission agreement when the dispute arose.
This is the reason why under the Indonesian Civil Procedural Law, civil court judges are, by their office, obliged not to take jurisdiction over a case where the parties are bound by an arbitration agreement.
According to Article 6 of Law onCommercial Arbitration, where the parties in dispute already have an arbitration agreement but one party institutes court proceedings, the court must refuse to accept jurisdiction unless the arbitration agreement is void or incapable of being performed.
This case, resulting from a partial award rendered in a VIAC commercial arbitration, concerns the formal requirements of the validity of an arbitration agreement under Austrian law.
First, it found that“an arbitration agreement is an independent self-contained agreement not dependant on the substantive agreement, therefore irrespective of the contractual rights and obligations parties can opt for an international arbitration”, which complies with section 28 of the Contract Act(para. 22.9).
Against this backdrop of continuing uncertainty, as reflected in the jurisprudence in the English courts,the presumption in the new LCIA Rules that the law governing an arbitration agreement is the law of the seat of the arbitration(absent contrary agreement) is to be welcomed.
If an international arbitration clause is not present in the underlying contract,a submission agreement( an arbitration agreement that is agreed upon after a dispute has arisen) may be considered, but this can be difficult to obtain since parties rarely are cooperative once a dispute has arisen.
(i) where there are more than two parties to the arbitration, the arbitration shall proceed between those of the parties, including any additional parties joined pursuant to Article 7,with respect to which the Court is prima facie satisfied that an arbitration agreement under the Rules that binds them all may exist; and.