Why is a written arbitration agreement important?
By what means can an arbitration agreement ‘in writing’ come into existence?
What is meant by incorporation of an arbitration agreement? By what means can incorporation be effected?
What is a dispute?
Explain the doctrine of severability of the arbitration clause
What are the requirements of a valid notice of arbitration?
What are the requirements of a valid notice of arbitration?
Examination-style questions
* In 2009, A (in England) and B (in Switzerland) made a contract for the sale to B of 20,000 second-hand books. The arbitration clause stated that any defects, other than torn, dirty or dog-eared pages, were to be notified to A within one month of delivery and that any disputes were to be settled in Rome by an arbitrator appointed by the President of the International Institute of Bibliophiles.
In 2010, A and B made a contract for the sale to B of 20,000 CDs as listed and priced in A’s catalogue. The contract stated ‘all other terms as in our 2009 contract’.
B says that 40% of the CDs delivered are cracked, warped or otherwise corrupted. Should B start an arbitration, or go to court? (If the latter, which court?)
- Discuss the differences between Option I and Option II of the Model Law’s Article 7, the Form of the Arbitration Agreement. Which definition has your country’s legislation adopted? Do you see any potential problems arising if a country adopts Option II?
- Seller is a Bermuda company doing business in its Hong Kong office, and Buyer is located in Brazil. The goods are patented pharmaceutical products being produced in Switzerland. Draft a suitable arbitration clause for these parties, who have already orally agreed, if a dispute arises, to have an ad hoc arbitration.
