To be valid under German law, an arbitration agreement must be clearly linked to a certain legal relationship, such as. B an underlying contract or existing dispute. It is not mandatory to define the institution or arbitral tribunal as long as it follows from the arbitration agreement, its structure and the surrounding circumstances that a judicial procedure of the State is excluded. France – MCC French law distinguishes between national and international arbitrations. The arbitration clause must be formulated in writing in the context of an internal dispute, while the agreement can be proved by any means in the context of an international arbitration procedure. As everywhere else, French practitioners and their clients are concerned about the duration and cost of arbitrations. The French and continental approach, since they do not involve discovery, is generally less expensive than arbitration conducted according to Anglo-Saxon practices. However, the problem with some ADR providers is that they are very expensive, with administrative fees paid to the center and then fees for each arbitrator. To take an example, we had an arbitration at JAMS in New York, where the contract required three arbitrators, each calculating $1,000 per hour. That`s $3,000 an hour, just so the arbitrators can hear the case, in addition to each party`s attorney`s fees, expert fees and other expenses. With regard to securities and financial disputes, it is increasingly common for parties to refer such disputes to the Financial Dispute Resolution Centre (FDRC) in Hong Kong. It is a non-profit, independent organization that requires its members to compete with their clients for money through mediation and/or arbitration.
2. An arbitration agreement may take the form of an arbitration clause in a contract or in the form of a separate agreement. 1. In this Part, the term “arbitration agreement” means an agreement between the parties to submit to arbitration any or any dispute that has emerged or may arise between them in a defined legal relationship, contractually or not. (b) an exchange of letters, telex, telegram or other means of telecommunication which provide a record of the Agreement; or on March 9, 2018, Supreme Court of India, in the Kerala State Electricity Board and Anr case. Vs. Kurien E. Kathilal and Anr.
(MANU/SC/0231/2018) decided that the High Court should not have referred the parties to arbitration proceedings without a joint memo or joint request of the parties in the absence of arbitration between the parties. In the absence of an arbitration agreement between the parties, it is therefore necessary for the parties to consent in writing, in conjunction with a memo or joint request, for the court to refer the parties to arbitration. The oral agreement of the parties` defence counsel is not sufficient to request arbitration by the parties. In employer-employee relations, Swedish case law provides that the employer has the right to insert an arbitration clause in an employment contract only if such an arbitration clause also requires the employer to pay the arbitrator`s fees, regardless of the outcome. The Tribunal concluded that the arbitral award could be set aside only on limited grounds after the arbitral award had been obtained, therefore transferring the parties to arbitration proceedings that had serious civil consequences both procedurally and substantively. . . .