Examples of using Valid arbitration in English and their translations into Russian
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should lead to a valid arbitration agreement and should be covered by the model provision.
If a judicial proceeding is initiated contrary to the valid arbitration clause, the interested party can ask a court to direct the parties to arbitration,
The dispute arising out of a challenge of a preliminary ruling in which the arbitral tribunal confirmed its jurisdiction concerns the conclusion of a formally valid arbitration agreement on the basis of a trade usage.
the Model Law and the Mexican law both contemplate that parties may enter into a valid arbitration agreement by entering into a contract that incorporates by reference another document that provides for arbitration. .
if the provision was to be retained, it was suggested that it should at least be amended along the following lines:"It is deemed that the parties have concluded a valid arbitration agreement if no objection to the jurisdiction of the arbitral tribunal is raised in due time.
Consequently, agreements initially in writing that are contained, for example, in contracts which are accepted by deeds of execution would not constitute valid arbitration agreements under the Convention,
where previous contracts have included valid arbitration agreements but the contract in question has not been evidenced by a signed writing
The underlying principle that the parties to an arbitration agreement are required to honour their undertaking to submit to arbitration any dispute covered by their arbitration agreement is given effect by the mandatory requirement on national courts to refer the parties to arbitration when presented with a valid arbitration agreement.
confirmed the view that, for a valid arbitration agreement to be concluded,
that raised problems in the case of valid arbitration agreements since, under the 1958 New York Convention
the Higher Regional Court in Cologne ordered the applicant to furnish proof of the existence of a valid arbitration agreement as provided under article II 1958"New York" Convention on the Recognition
According to the strictest application, only agreements signed by both parties or contained in an exchange(submission of offer and written acceptance) are valid arbitration agreements under the New York Convention.
The mere submission of the party's own documents was deemed not to be sufficient to prove the conclusion of a valid arbitration agreement by way of the exchange of documents.
The main issue in appeal was whether a valid arbitration clause contained in the contract between the plaintiff and the respondent deprived
that a party that relied on the exchange of documents for the conclusion of a valid arbitration agreement was not required to produce all the documents exchanged by both parties.
The defendant further submitted that Article 7(2) MAL requires an exchange of letter between the parties to constitute a valid arbitration agreement and thus Articles 34(2)(a)(i)
It is irrelevant for the conclusion of a valid arbitration agreement under Sec. 1031(2)
accepted that the award debtor had the legal onus of establishing at the second stage of the enforcement process that there was no valid arbitration agreement between it and the award creditor.
The Arbitral Tribunal held the arbitration clause valid granting it jurisdiction to settle the dispute, based on Article 22 of the Egyptian Arbitration Law equivalent to MAL 16.
The Court of Appeal agreed with the finding that all the contracts at issue contained valid SCC arbitration clauses and provided that the"arbitral awards" shall be final,