Implied Conditions Of Arbitration Agreement

  • Sem categoria

Therefore, the Tribunal held that “arbitration remains inherent in the nature of international commercial arbitration and that the parties cannot be criticized with respect to the breach of public policy.” `The present case is clearly covered by derogation 1 in Section 28. The contract does not exclude the right of the parties to take legal action. The parties are only required to have their dispute(s) decided by referral to arbitration proceedings. The mere fact that the arbitrators are abroad cannot be sufficient on its own to annul the arbitration agreement if the parties have voluntarily concluded the agreement with their eyes open. In addition, in the present case, the parties voluntarily initiated arbitration on the disputes that arose between them.

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