arbitrage between markets through parallel imports

1.4.1 This would also make it easier to use arbitration, by validating out of court settlements.

The other copy shall be transmitted to the Secretary General of the United Nations for registration.

However, concern was also expressed that recourse to arbitration might hinder the application of the rules of the draft instrument on exclusive jurisdiction.

arbitration.

bankruptcy, proceedings relating to the winding up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings

It was observed that the effect of draft subparagraph 83 (b)(ii) would be a further expansion of freedom of arbitration in the liner industry.

4.14 Arbitration

Ministrstvo za zunanje zadeve (Ministry of Foreign Affairs)

1.3 Similarly, the EESC considers the adoption of measures facilitating the trans national use of arbitration to be important, and favours introducing a supra national and uniform conflict rule with regard to the validity of arbitration agreements, which would refer to the law of the Member State in which arbitration takes place.

Unqualified freedom to arbitrate

Either Party may include in its description or comments any information that it deems relevant.

AUSTRIA

Senat za prekrške Republike Slovenije (Senat of Minor Offenses of the Republic of Slovenia)

Arbitration in accordance with procedures to be adopted by the Parties at a session of the Executive Body, as soon as practicable, in an annex on arbitration.

Arbitration provisions in the Hamburg Rules

Topics for cooperation may include, inter alia

Surgical Eye Expeditions International (2003)

The General Legal Division concluded that the mandatory use of alternative dispute resolution mechanisms, before a dispute is submitted to arbitration, would not always be in the interests of the Organization.

1.9 While the EESC is in favour of studying the feasibility of an efficient dispute resolution, it highlights the importance of ensuring that efforts should be aimed at ensuring limited need for arbitration.

The replicate samples for enforcement, trade (defence) and referee purposes shall be taken from the homogenised material unless this conflicts with Member States rules on sampling.

Conclusions reached by the Working Group regarding revised provisions on arbitration

Prohibition of arbitrary decisions concerning nationality issues

For the Union

The other Parties shall have 14 days to comment upon the decision, following which the approval authorities, having taken account of any comments received, can issue UN type approvals in accordance with the new interpretation

The following procedures will be applied

You will continue to make money.

The question of arbitration procedures is still to be resolved, too.

Furthermore, it was indicated that a restriction on the effectiveness of arbitration agreements was a consequence of maritime trade practice, which saw restrictions of freedom of arbitration in certain circumstances and trades.

Obligations arising under multilateral conventions relating to commercial arbitration and the enforcement of awards

Finally, it was explained that the intention of the compromise was to preserve the status quo with respect to the use of arbitration in the maritime transport industry by providing minimal arbitration rules with respect to the liner industry, but providing for freedom of arbitration in the non liner industry through the addition of draft article 81 bis ((see A CN.9 WG.III WP.54, para. 5 (e)).

Proposed revised text for chapter on arbitration

Arbitration is a matter of great importance to international commerce.

In recent times he has devoted much of his professional activity to international arbitration.

Also, the deletion of the arbitration exception might ensure that all the Regulation's jurisdiction rules apply for the issuance of provisional measures in support of arbitration (not only Article 31).

One view was that the principle of freedom of arbitration was deeply rooted and that existing arbitration instruments such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration provided an adequate framework for arbitration, thus obviating the need for such a chapter in the draft convention.

Conclusions reached by the Working Group regarding provisions on arbitration

An ad hoc special chamber is a suitable alternative for parties considering arbitration.

9.4 The effective implementation of the principle that missions of general interest take precedence, which is now made possible by the new article 14 of the Lisbon Treaty, will help reducing the frequent recourse to the arbitration of the Court of Justice.

9.4 The effective implementation of the principle that missions of general interest take precedence, which is now made possible by the new article 16 of the Lisbon Treaty, will help reducing the frequent recourse to the arbitration of the Court of Justice.

It was reiterated that proposed draft articles 83, 84 and 85 were aimed at reaching a compromise between those delegations that favoured the broadest application of the principle of freedom of arbitration in the draft convention and those delegations that felt that, while arbitration should be available to the parties to a dispute, it should not be used in order to circumvent the bases of jurisdiction as set out in draft article 75 of the draft convention.

Cases relating to the UNCITRAL Model Arbitration Law (MAL)

2nd instance arbitration of contested partners' selection decisions

Additional costs of the arbitration shall be shared equally between the parties.

In proposing the model, the panel shall consider the value of creating an effective system for handling staff complaints that involves alternative forms of dispute resolution by which cases can be settled by mutual consent, such as mediation, conciliation, arbitration and or an ombudsman.