As Arbitration Agreement

The second means that the arbitral tribunal may decide on its own jurisdiction, including any objection to the existence or validity of the arbitration agreement. For this purpose, an arbitration clause that is part of a contract is treated as an agreement independent of the other terms of the contract. A decision of the arbitral tribunal on the nullity of the contract does not ipso jure lead to the ineffectiveness of the arbitration clause. The first was the choice of an English seat. The choice of a court other than the seat of arbitration suggests that the law of that country regarding the enforcement and monitoring of arbitration proceedings applies to the proceedings. This indicates that the parties intended English law to regulate all aspects of the arbitration agreement, including issues relating to the formal validity of the agreement and the jurisdiction of the arbitrators. Where the legal person becomes aware of a claim, claim or claim falling within the scope of this Arbitration Agreement but which is brought before a national court, the legal person shall be obliged to raise objections to the case examined by a national court, at the latest when the legal person makes its first claim concerning the merits of the dispute. In the absence of an explicit agreement, the seat of the arbitration is in principle the place where the arbitral institution is located. Therefore, if the arbitration agreement provides for an ad hoc arbitration procedure without a specific arbitral institution and also does not determine the seat of the arbitration, it is very likely that the country where the arbitration will take place is unknown, which creates uncertainty as to subsequent measures. Arbitration is a procedure in which a dispute is settled by an impartial arbitrator whose decision, which has been agreed between the parties to the dispute or who has decreed legislation, is final and binding.

There are limited rights of review and appeal of arbitral awards. Arbitration procedures are not the same as: court proceedings (although in some jurisdictions court proceedings are sometimes referred to as arbitrations[2]), alternative dispute resolution (ADR), [3] expert findings, mediation (a form of settlement facilitated by a neutral third party). It should be noted that the arbitration agreement does not require the parties to reach an agreement before disputes arise. The parties may also enter into an arbitration agreement for disputes that have already occurred. In this case, since the facts at issue have already arrived, the arbitration agreement between the parties may even adopt more specific and flexible rules on the basis of the current situation than that taken before the dispute. The dispute may be referred to the ICAC if an arbitration agreement is reached. The arbitration agreement may be included in the contract as a separate provision or be an individual agreement. It can be completed at any time, for example to settle existing disputes.

(Examples of important international arbitration institutions: the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC), the Singapore International Arbitration Centre, the Hong Kong International Arbitration Centre and the Stockholm Chamber of Commerce. There are many others who have different experiences in handling international disputes.) „All disputes, controversies, disputes or claims arising out of or related to this Treaty, including the existence, validity, interpretation, performance, breach or termination of this Contract or any dispute relating to non-contractual obligations arising out of or related to this Treaty, shall be referred to this Treaty and finally settled by arbitration, administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Arbitration Rules, which are in force at the time the notice of arbitration is filed. . . .