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Arbitration Clause And Submission Agreement Difference

Arbitration Clause And Submission Agreement Difference

A disputed agreement may not contain any arbitration clause. However, if the agreement clearly and explicitly relates to another document containing an arbitration clause, the arbitration clause is deemed to be incorporated by reference into the main agreement, provided that the reference is clear (e.g. B under the heading “Dispute settlement and legislation in force”). If the presentation is vague or contradictory, the national courts may retain jurisdiction. In summary, an arbitration procedure without an arbitration clause is a fully available method of dispute resolution, provided that the parties enter into a submission agreement as a result of a dispute. The possibility of initiating arbitration depends exclusively on the will of the parties, as this method of dispute settlement is purely consensual. The necessary will (or approval of arbitration proceedings) is often, but not always, contained in the contract between the parties in the form of an arbitration clause. If a party refused to enter into a bidding agreement, it could not be compelled to do so. “[2] In a similar case, it was decided that the arbitration clause and the clause which confers jurisdiction over the same dispute as those contained in a debt guarantee deed were incompatible and should therefore be regarded as null and void (CA Paris (22 November 2000).) The things to be avoided when drawing up tender agreements may be concluded during the dispute in order to remove the dispute from the jurisdiction of the Tribunal, provided that the Court of First Instance has not yet delivered its judgment and that the pleading period still takes place. This chapter deals first with the arbitration clause and then with the submission agreement, which examines the rules applicable to both types of agreements.

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