2. 12. 2020 Od admin Off

Agreement Of International Arbitration

Parties should also consider all factors that could affect the applicability of the clause under existing legislation. These include all the mandatory requirements that may exist at the place of arbitration and at the intended place or place of implementation. 5 There are therefore only three different points of connection, the seat which is the strongest of them with regard to the determination of the law which governs all aspects of the validity of international arbitration agreements for six different legal issues (see points 2 and 4) of different legal issues. A number of essential elements should be included in almost all international arbitration agreements, with a standard language available. [17] These include the conciliation agreement, a definition of the scope of arbitration proceedings, the means of selection of the arbitrator or arbitrators, the choice of the arbitration seat and the adoption of institutional or ad hoc arbitration rules. [18] A number of other provisions may also be included in international arbitration clauses, including language for the implementation of the arbitration procedure, choice of applicable law, arbitrator qualifications, provisional transfer, costs and procedural issues. [1] Article 16 of the interpretation of the Supreme People`s Court on certain issues relating to the application of the right of arbitration of the People`s Republic of China: the examination of the effectiveness of an arbitration agreement covering foreign interests is governed by the laws agreed between the parties concerned; Where the parties involved have not agreed on the laws in force, but have agreed to the place of arbitration, the laws apply at the place of arbitration; If they are not agreed upon on existing laws, nor agreed on the place of arbitration or the place of arbitration is not clearly agreed, the laws apply instead of the court. [3] Article 2 of the provisions of the Supreme People`s Court on several issues relating to difficult arbitration-related legal proceedings: In cases where an application for recognition of the effect of an arbitration agreement, an intermediate court or a special people`s court, where the arbitration institution is defined, or if the arbitration agreement is concluded, or at the place of residence of the applicant or respondent is competent.