In a recent case of the Commercial Court of England, Habas Sinai, an agent (contrary to the instructions of the principal), voted a contract without applicable legislation and an arbitration clause providing for icc arbitration in London. In the absence of an explicit provision of the applicable law in the substantive contract, the applicable law of the arbitration agreement would normally be that of the registered office, i.e. English law. It was argued that, in that case, the seat should be ignored because it had been agreed without real authority. The applicable law would then be the law most closely linked to the substantive contract, which would be Turkish law (which was the intention of the contracting authority). One of the ways to reduce the cost of arbitration is through careful development. Disputes over the interpretation of an arbitration agreement are surprisingly common, and their resolution – through negotiations or inter-judicial hearings – is an expensive matter. In the latest issue, Deborah Ruff and Charles Golsong gave instructions to negotiate an ICC arbitration agreement involving a state or public body. Our questions and answers deal with the current legislation of the arbitration agreement. Arbitration policies are generally as follows, write Sarah Rudolph Cole and Kristen M. Blankley in their chapter „Arbitration” in The Handbook of Resolution (Jossey-Bass, 2005). Together, the parties select an arbitrator from a list provided by an arbitration registry. The arbitration will take place in a private conference room and not in a public courtroom.
The arbitrator begins to present the ground rules; then each party makes an opening statement, or its lawyers do. Each party then presents its evidence and, if necessary, presents witnesses in support of its claims. During this time, the arbitrator may ask questions to clarify their understanding of the issues (for more information on the pros and cons of arbitration versus mediation as a dispute resolution procedure, you will also find arbitration against mediation and dispute resolution in alternative dispute resolution (ADR)). Lord Justice Moore-Bick found that an arbitration agreement in London does not have a close legal link with the legal system of the insurance policy, the purpose of which is not linked to that of dispute settlement. Instead, it has its closest and most effective connection with the law of the place where the arbitration is to take place and which exercises the support and supervisory competence necessary to ensure the effectiveness of the procedure. In this case, the arbitration agreement had its closest and most real connection to English law, so English law regulated the arbitration agreement. The first was the choice of an English seat. The choice of a court other than the seat of arbitration suggests that the law of that country regarding the enforcement and monitoring of arbitration proceedings applies to the proceedings.
This indicates that the parties intended English law to regulate all aspects of the arbitration agreement, including issues relating to the formal validity of the agreement and the jurisdiction of the arbitrators. Use our arbitration form to create an online arbitration agreement in minutes. Arbitration proceedings are a way to settle a dispute without filing an appeal and to go to court. Arbitration is similar to that of court proceedings: the parties may have lawyers, they exchange information, and there is a hearing during which they question witnesses and present their cases. . . .