arbitration clause
play

Arbitration Clause Perth - 18 May 2016 Peter McQueen FCIArb - PowerPoint PPT Presentation

Sep 16, 2023 •222 likes •354 views

Drafting an Effective Maritime Arbitration Clause Perth - 18 May 2016 Peter McQueen FCIArb www.amtac.org Overview What is international arbitration? What is an arbitration agreement? What are the essentials of an arbitration

  1. Drafting an Effective Maritime Arbitration Clause Perth - 18 May 2016 Peter McQueen FCIArb www.amtac.org

  2. Overview • What is international arbitration? • What is an arbitration agreement? • What are the essentials of an arbitration agreement? • Model arbitration clauses – AMTAC, LMAA, SCMA • Multi-tier dispute resolution clauses

  3. International Arbitration • Definition • Hybrid – private process and public effect • International conventions, model and national laws – New York Convention 1958 – UNCITRAL Model Law 1985/2006 – Australian International Arbitration Act 1974

  4. Arbitration Agreement • “Foundation stone” • Arbitration clause or submission to arbitration • “in writing” • Consent to arbitration

  5. Arbitration Agreement • Separability between arbitration agreement and main contract • Source of powers and jurisdiction of tribunal

  6. Essentials of Arbitration Agreement • Institutional or ad hoc • Arbitration rules and model clauses • Scope • Seat/place of arbitration

  7. Essentials of Arbitration Agreement • Number of arbitrators • Selection and replacement of arbitrators • Language • Law governing arbitration agreement and law governing main contract Sulamerica Cia Nacional de Seguros SA v Enesa Engenharia SA [2012] EWCA (Civ) 638

  8. Model Clauses • Australian Maritime and Transport Arbitration Commission (AMTAC) “Any dispute, controversy or claim arising out of , relating to or in connection with this contract, including any question relating to its existence, validity or termination, shall be resolved by arbitration in accordance with the AMTAC Arbitration Rules. The seat of the arbitration shall be Sydney, Australia [ or choose another city ]. The language of the arbitration shall be English [ or choose another language ]”.

  9. Model Clauses • London Maritime Arbitrators Association (LMAA) “…This Contract shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Contract shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this Clause. The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) Terms current at the time when the arbitration proceedings are commenced. …”

  10. Model Clauses • Singapore Chamber of Maritime Arbitration (SCMA) “Any and all disputes arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration (“SCMA Rules”) for the time being in force at the commencement of the arbitration, which rules are deemed to be incorporated by reference to this clause.”

  11. Multi-Tier Dispute Resolution Clauses • Negotiation and /or mediation before arbitration • Time periods triggered by defined and undisputable event • Arbitration mandatory • Definition of disputes in identical terms Emirates Trading Agency v Prime Mineral Exports [2014] EWHC 2104 (Comm)

  12. Drafting an Effective Maritime Arbitration Clause Perth - 18 May 2016 Peter McQueen FCIArb www.amtac.org

Recommend

Effective Arbitration: Essentials for the Clause Effective Procedure and Excellence in

Effective Arbitration: Essentials for the Clause Effective Procedure and Excellence in

Effective Arbitration: Essentials for the Clause Effective Procedure and Excellence in Deliberations John A.M. Judge Thirty Nine Essex Street Chambers London Arbitration Place Toronto INITIAL CONSIDERATIONS 1. Why Arbitration Rather Than

648 views • 47 slides
Arbitration Agreements in Employment Contracts After the Epic Decision Should You Require a

Arbitration Agreements in Employment Contracts After the Epic Decision Should You Require a

Arbitration Agreements in Employment Contracts After the Epic Decision Should You Require a Mandatory Arbitration Clause? September 12, 2018 Richard Moon Benjamin Ford Chris Lockman Background Federal Arbitration Act of 1925

660 views • 20 slides
X Schedule 4 Transactional Charges Clause 9 Clause 10 2 RWE npower

X Schedule 4 Transactional Charges Clause 9 Clause 10 2 RWE npower

RWE npower DUoSA Consolidation Group Payment Terms Sub-group 28 th July 2005 General Framework Existing Proposed Clause 6 Charges Clause 6 Clause 7 Billing & Payments Clause 7 Clause 8 Site

389 views • 4 slides
CHAMBERS OF TAX CONSULTANTS Clause by Clause Analysis and Reporting Requirements in Tax Audit

CHAMBERS OF TAX CONSULTANTS Clause by Clause Analysis and Reporting Requirements in Tax Audit

CHAMBERS OF TAX CONSULTANTS Clause by Clause Analysis and Reporting Requirements in Tax Audit Report Presentation by August 18, 2018 Yogesh Thar 1 CONTENTS Clause Number Particulars of the Clause 30A* Impact of Primay adjustments 30B*

1.31k views • 115 slides
An Effective & Attractive Arbitration Seat Natalie L. Reid Fifth Annual Arbitration and

An Effective & Attractive Arbitration Seat Natalie L. Reid Fifth Annual Arbitration and

An Effective & Attractive Arbitration Seat Natalie L. Reid Fifth Annual Arbitration and Investment Summit Caribbean, Latin America, and Other Emerging Markets 30 January 2017 What is an arbitration seat? Legal home of

258 views • 6 slides
Use and abuse of anti-arbitration injunctions: strategies in dealing with anti-arbitration

Use and abuse of anti-arbitration injunctions: strategies in dealing with anti-arbitration

Use and abuse of anti-arbitration injunctions: strategies in dealing with anti-arbitration injunctions ASA Below 40 Seminar: Court assistance in international arbitration how to use it wisely and efficiently Anti-suit and anti-arbitration

359 views • 10 slides
ARBITRATION PRESENTATION QUESTIONS 1. TO COMPEL OR NOT TO COMPEL ARBITRATION The plaintiff

ARBITRATION PRESENTATION QUESTIONS 1. TO COMPEL OR NOT TO COMPEL ARBITRATION The plaintiff

ARBITRATION PRESENTATION QUESTIONS 1. TO COMPEL OR NOT TO COMPEL ARBITRATION The plaintiff church filed a complaint alleging claims for breach of contract arising from the purchase of a prefabricated steel building from the defendant. The

72 views • 6 slides
Webinar Presentation Tuesday 4 th August 2020 Arbitration: Principles and Practicalities The

Webinar Presentation Tuesday 4 th August 2020 Arbitration: Principles and Practicalities The

Webinar Presentation Tuesday 4 th August 2020 Arbitration: Principles and Practicalities The webinar today aims to provide an insight into the world of arbitration and, particularly, London maritime arbitration. Arbitration is the chosen method

436 views • 15 slides
PRACTICE PERSPECTIVES: InTERnATIonAl ARbITRATIon And lITIgATIon In THIS ISSUE Arbitration:

PRACTICE PERSPECTIVES: InTERnATIonAl ARbITRATIon And lITIgATIon In THIS ISSUE Arbitration:

PRACTICE PERSPECTIVES: InTERnATIonAl ARbITRATIon And lITIgATIon In THIS ISSUE Arbitration: Rapid, Inexpensive Resolution of International disputes Arbitration and Civil litigation in the Peoples Republic of China International litigation

471 views • 20 slides
Finnish Arbitration Act in light of the Model Law UN framework for international arbitration

Finnish Arbitration Act in light of the Model Law UN framework for international arbitration

UNCITRAL United Nations Commission on International Trade Law Finnish Arbitration Act in light of the Model Law UN framework for international arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New

374 views • 15 slides
Settlement of China-Related M&A Disputes by Arbitration CEAC as an Alternative Arbitration

Settlement of China-Related M&A Disputes by Arbitration CEAC as an Alternative Arbitration

Chinese European Arbitration Centre Settlement of China-Related M&A Disputes by Arbitration CEAC as an Alternative Arbitration Institution? Dr Dominik Ziegenhahn Member of the Advisory Board of CEAC Vice President of the Chinese European

389 views • 19 slides
A) We would not have missed the train if we had got up earlier. 1. MAIN CLAUSE: 2. DEPENDENT

A) We would not have missed the train if we had got up earlier. 1. MAIN CLAUSE: 2. DEPENDENT

Identifique a MAIN CLAUSE, a DEPENDENT CLAUSE, a combinao verbal e a condio estabelecida pelas IF CLAUSES a seguir: A) We would not have missed the train if we had got up earlier. 1. MAIN CLAUSE: 2. DEPENDENT CLAUSE: 3. COMBINAO

289 views • 8 slides
Non-Signatories Before and After Arbitration: Compelling Arbitration and Enforcing Awards Panel

Non-Signatories Before and After Arbitration: Compelling Arbitration and Enforcing Awards Panel

Non-Signatories Before and After Arbitration: Compelling Arbitration and Enforcing Awards Panel II Enforcing Awards Speakers: Teddy Baldwin, Steptoe & Johnson LLP Victoria Shannon Sahani , Sandra Day OConnor College of Law at Arizona

404 views • 22 slides
Procedural Management in Arbitration Norwegian Arbitration Day 2020 Partner Jes Anker Mikkelsen

Procedural Management in Arbitration Norwegian Arbitration Day 2020 Partner Jes Anker Mikkelsen

Procedural Management in Arbitration Norwegian Arbitration Day 2020 Partner Jes Anker Mikkelsen Januar 2020 2 Principles for efficient procedural management of international arbitration - Firm proactive approach - Clear rules -

452 views • 10 slides
Understanding Arbitration The Doctors Company Arbitration Program Training Overview The

Understanding Arbitration The Doctors Company Arbitration Program Training Overview The

Understanding Arbitration The Doctors Company Arbitration Program Training Overview The Doctors Company does not require the use of arbitration Arbitration is a physician decision The Doctors Company will provide training tools to

625 views • 20 slides
W hen practitioners think of arbitration, they Binding usually mean a process that results in a

W hen practitioners think of arbitration, they Binding usually mean a process that results in a

A R B I T R A T I O N NON-BINDING ARBITRATION: AN INTRODUCTION By Steven C. Bennett W hen practitioners think of arbitration, they Binding usually mean a process that results in a arbitration has final, binding and enforceable award,

260 views • 5 slides
THE PERMANENT COURT OF ARBITRATION AND MIXED ARBITRATION Remarks of Professor James Crawford SC

THE PERMANENT COURT OF ARBITRATION AND MIXED ARBITRATION Remarks of Professor James Crawford SC

THE PERMANENT COURT OF ARBITRATION AND MIXED ARBITRATION Remarks of Professor James Crawford SC FBA LLD, University of Cambridge and Matrix Chambers on the occasion of a Celebration of the Centenary of the PCA The Hague, 18 October 2007 Mr

77 views • 6 slides
Mediation and Arbitration in Real Estate Mediation and Arbitration in Real Estate and Construction

Mediation and Arbitration in Real Estate Mediation and Arbitration in Real Estate and Construction

Presenting a live 90 minute webinar with interactive Q&A Mediation and Arbitration in Real Estate Mediation and Arbitration in Real Estate and Construction Disputes Leveraging Alternative Dispute Resolution to Achieve Favorable Outcomes

561 views • 28 slides
The Dormant Commerce Clause What is Interstate Commerce? Commerce Clause, U.S. Const. art. 1 8,

The Dormant Commerce Clause What is Interstate Commerce? Commerce Clause, U.S. Const. art. 1 8,

The Dormant Commerce Clause What is Interstate Commerce? Commerce Clause, U.S. Const. art. 1 8, cl.3 All commercial intercourse that concerns more than one state. [Congress shall have the power to] regulate Commerce with foreign Nations, and

436 views • 18 slides
Introduction Clause exchange in parallel solvers Lazy clause exchange Experiments

Introduction Clause exchange in parallel solvers Lazy clause exchange Experiments

Introduction Clause exchange in parallel solvers Lazy clause exchange Experiments Conclusion . . . . . . . . . . . . . . Lazy clause exchange policy for parallel SAT solvers Gilles Audemard CRIL, Lens, France Laurent

980 views • 24 slides
and Jillian Martin~Brown Overview Background Development in Scotland PI Arbitration

and Jillian Martin~Brown Overview Background Development in Scotland PI Arbitration

Personal Injury Arbitration Angela Grahame QC and Jillian Martin~Brown Overview Background Development in Scotland PI Arbitration in England Advantages and Disadvantages Interest in PI Arbitration in Scotland What is

896 views • 23 slides
Clause Size Reduction with all-UIP Learning Nick Feng and Fahiem Bacchus University of Toronto

Clause Size Reduction with all-UIP Learning Nick Feng and Fahiem Bacchus University of Toronto

Clause Size Reduction with all-UIP Learning Nick Feng and Fahiem Bacchus University of Toronto Introduction Clause Learning Clause Learning is an essential technique in SAT solvers (1996) u Clause Learning Clause Learning is an essential

664 views • 51 slides
Kuala Lumpur Regional Centre for Arbitration The Asia-Pacific Regional Arbitration Group

Kuala Lumpur Regional Centre for Arbitration The Asia-Pacific Regional Arbitration Group

Kuala Lumpur Regional Centre for Arbitration The Asia-Pacific Regional Arbitration Group Conference 2016 Smrithi Ramesh Deputy Head of Legal Services Kuala Lumpur Regional Centre for Arbitration What is the KLRCA? The Kuala Lumpur

503 views • 23 slides
3 day clause by clause discussions on GST Inter state transactions, Place of supply of services

3 day clause by clause discussions on GST Inter state transactions, Place of supply of services

3 day clause by clause discussions on GST Inter state transactions, Place of supply of services and Import of services Bangalore May 27, 2017 Background to GST GST Framework Single Taxable Destination Event Based Tax -[Shift Supply of

596 views • 28 slides

More recommend