Agreement to arbitrate Flashcards
What is it?
Records parties consent to arbitrate
some ppk say that good arb agreement and good rules makes the thing wholly autonomous
Types of arbitration agreement
Arbitration clause
Submission agreement
Arbitration clause
Deals with disputes that arise in the future
Submmission agreements
Deals with disputes that have already occurred,
Alrady name arbitrator, place of arbitration and procedure
Difference between submission agreements and arbitration clause
As submission agreement after dispute has already occured, relationship of parties already affected
May give rise to arguments on which procedure is to be followed
Generally more lenghthy and difficult
International convention
NY convention sets out requirements that agreement has to follow so that it can be enforced and award can be made
Arbitration agreement requirements for enforceablity
Must be in writing
Within a defined legal rlationship
deals with current/furute dipsutes
concern a subkect matter capable of arbitration
Have legal capacity
Is valid under the law that the partys are subjecting it to
Analusis of arbitration agreement
The agreement is what supplies the tribunal with jurisdiction of what it can decide issues on
Categories of claim within the scope of arbitration
Tort
Contractual claims
Statutory claims
Wording fo agreement
Must give rise to the intention of the parties
Must be clear as to what can be reffered to arbitration
Must be broad and inclusionary
Must show that arbitration is an obligation and not only just a right
What to include in a good arbitration clause
- Valid arbitration agreement
- Number of rbitrators
- Insitutional/adhoc
- Law of seat
- filling vacancies in tribunl
- Governing law- nif not specified mosy of the time will be law of contract
- Default clauses- procedure when party fails to participate
- language
- Multi-tier clause- ADR
Sole option clause - procedura- when thwy can deviare from the rules
Separability
Arbitration clause is separater from the rest of the contract. If the contract is void, that doesnt mean that the arbitation clause is void
Prima paint case
Arbitrability
Whether ot not the dispute can be resolved by arbitration
Sometimes if it concerns public policy, may have to be litigated/.
Relevant laws
Laws governing seat
Law of the arbitration areement
Law governing the party
Law of place of enforcement
CAtegories where rbitrabilut rise
Copyright
Antitrust/competition
]Secutiries
Insolvency
Bribery
Fraud
Corporate governance
Trusts
Public law disputes
