Arbitration Agreement Means An Agreement Which Is Enforceable In Law

In international arbitration, it is not uncommon for the laws of more than one State to apply. You must take into consideration An arbitration agreement must be signed by the parties. The agreement may take the form of a document signed by both parties and containing all the conditions, or it may also be a document signed by one party containing the conditions and an acceptance signed by the other party. It is sufficient for one party to sign the written deposit and the other party to accept it. The doctrine of severability states that an arbitration clause is a separate agreement in the underlying contract in which it appears. It clearly shows that there is no connection between the arbitration clause and the underlying contract. However, the existence of a contract is necessary for the terms of the arbitration clause. In most cases, the validity of an agreement is always questionable. In this context, the concept of separability in the application of international commercial arbitration was taken up and adopted. The Court of Appeal expressly rejected the idea that severability could be invoked to separate the arbitration agreement from the main interpretative agreement. It also concluded that because of the explicit choice of English law as the applicable law of the arbitration agreement, it was not necessary to consider the alternative case of a tacit choice of English law.

Article 1 specifies that “this agreement” (roughly) covers all the contractual conditions that have been established, including Article 14. Since Article 15 provides that “this Agreement shall be subject [again in bulk] to and shall be construed in accordance with the laws of England”, it is clarified that all the terms of the Agreement, including Article 14, are governed by English law. The answer to the proposition that, if this analysis were correct, any contract containing an applicable law clause would allow an explicit choice of the applicable law of the arbitration clause is essentially the answer given by Andrew Smith J to Arsanovia at [22]. The applicable legal clauses do not necessarily cover the arbitration agreement. This is due to the correct conception of the terms of Articles 1 and 15 taken together. Among the leading international arbitration institutions, we believe that the model clauses published by the Hong Kong International Arbitration Centre (HKIAC) are stripped naked in terms of completeness, standardization and instruction. The model clauses are presented as follows: ** Optional The above clause covers all elements of an arbitration agreement, including matters relating to arbitration, the intent of the arbitration, the seat of arbitration, arbitration, the arbitral rules, the applicable law on the validity of the arbitration agreement, the composition of the arbitral tribunal and the language of the arbitral tribunal, and clearly explains concepts that are easy to confuse….