In accordance with Article 4, point (f), of the WIPO Arbitration Regulation, parties may agree, in appropriate cases, to shorten or extend certain periods. You can also use as a starting point the reference plan based on WIPO`s complex patent arbitration procedures: it can be assumed that a compromise clause means that no entry agreement is required. The purpose of a filing agreement is to define and define the scope of the arbitration procedure in order to allow the court to ensure later that the award has been rendered within the limits set by the parties. It can be argued that a compromise clause fulfils this objective, since it limits any arbitration to issues raised by or in the context of the agreement, although the limits are broad. However, the UA law is clear in this non-legal law. Article 203, paragraph 3, of the United Arab Emirates Civil Procedure Act stipulates that the purpose of the dispute must be defined in a compromise clause or when considering the claim, and Article 216, paragraph 1, point a), provides that an arbitration award may be quashed in the absence of an “arbitration document”. It is not clear whether it is a compromise clause or a more substantial document, such as a deposit agreement. Nevertheless, the UAE jurisprudence has held that arbitration agreements are specific agreements that deprive a party of the right to refer a dispute to the local court and must therefore be clear. We therefore draw attention to the fact that such clauses will be avoided and, if this is not possible, that the above document is fully signed on each page, so it is indisputable that it is part of the main agreement and that the compromise clause has been brought to the attention of the parties. In recent months, major institutions have rapidly implemented good practices and protocols for virtual hearings (see z.B. The International Institute for Conflict Prevention and Resolution (CPR) Annotated Model Procedural Order for Remote Video Arbitration Proceedings and AAA-ICDR Model Order and Procedures for a Heading Virtual via Videoconference) and Cyber-security and data in arbitration proceedings (see , z.B. KCAB International`s Seoul Protocol on International Arbitration VideoConferencing and the Best Practices Guide for Maintaining Cybersecurity and Data Protection.
In their international litigation column, Lawrence W. Newman and David Zaslowsky examine how courts rule on the issue of personal competence in the application of international arbitration awards. Unlike a standard arbitration clause – the arbitration process makes dispute resolution a dispute resolution mechanism for all or part of potential future disputes arising from a particular contract — a post-broadcast dispute filing or settlement is concluded by the parties to an existing dispute. In the filing agreement, the parties agree to submit only one specific dispute to arbitration. You can do so at the time of the dispute, while the parties are negotiating for a settlement, or even if the dispute is already actively tried. Since a filing agreement is defined by the litigation, it usually contains a fairly specific statement or an outline of the dispute before arbitration. The parties should determine the scope of the filing agreement by briefly clarifying the dispute. If you ask the national courts for help, it can be a lot of time and money. In a case dealt with by Al Tamimi-Company in Abu Dhabi, the applicant applied to the national court for the appointment of a single arbitrator, and the court issued a judgment to appoint a single arbitrator in accordance with the compromise clause covered in the disputed agreement. The agreement provided that the arbitrator would be an arbitrator that the parties had to agree to.
At the parties` choice, the WIPO Centre makes available to the WIPO Electronic Case Facility (ECAF). WIPO ECAF allows parties and all other players in WIPO arbitration proceedings to send electronic communications to an online docket.
Recent Comments