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2021 | OriginalPaper | Buchkapitel

2. Arbitration Agreement: Validity, Lapse and Interpretation

verfasst von : Seyoum Yohannes Tesfay

Erschienen in: International Commercial Arbitration

Verlag: Springer International Publishing

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Abstract

This chapter appraises the validity requirements for an arbitration agreement and its interpretation. Ethiopian law imposes some validity requirements that are uncommon in many jurisdictions. Yet most of them do not unreasonably impede the success of arbitration.

The arbitration agreement is required to be in writing only in exceptional cases provided for by law. Where the agreement is required to be in writing, it must be supported by a special document signed by all the parties bound by the contract and attested to by two witnesses. This requirement is impossible to comply with in contracts concluded by correspondence. The Electronic Signature Proclamation No 1072/2018 arguably alleviates this stringent requirement. Besides, the New York Convention to which Ethiopia acceded recently, considers an agreement contained in an exchange of letters or telegrams as having been made in writing, thus, modifying the rule as far as arbitration agreements that come within its scope of application are concerned.

Coming to interpretation, Ethiopian law provides that the provisions of an arbitration agreement pertaining to the jurisdiction of the arbitral tribunal are to be interpreted restrictively. This rule is ill-suited to the needs of commerce, especially in the context of international transactions.

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Vorheriges Kapitel Ethiopia and Its Legal System: The Context

Nächstes Kapitel Arbitrability

Greenberg et al. (2011), p. 144.

Id., p. 101. In 2009, for example 88% of parties to arbitration before the International Chamber of Commerce, ICC made their choice of the applicable law.

Redfern and Hunter (2004), p. 131. As a matter of exception parties may be deemed to have agreed to arbitration without there being an arbitration agreement. This is, for instance, the case if estoppel or similar other doctrine in a jurisdiction precludes a party from objecting to arbitration because of its failure to raise the absence of arbitration agreement early in the arbitration process. In some jurisdictions there may even be a statutory provision to the same effect as estoppel. See Greenberg et al. (2011), p. 145. The question is can such an award be enforced outside the jurisdiction in which it is made given the New York Convention Art II and IV(1)b require proof of a written agreement to arbitrate. The answer is no unless the country in which recognition and enforcement is sought has less stringent requirements than those in the Convention.

Redfern and Hunter (2004), p. 131.

Id. at 131–132. Submission agreements tend to deal with details of the arbitration such as place of arbitration, applicable substantive law, name of the arbitrators, specifics about matters in dispute, and may even deal with procedures that the arbitration is to follow such as exchange of written submissions, deadlines etc…, where such details are deemed desirable by the parties.

Id., at 132.

Civil Code of the Empire of Ethiopia, Proclamation No. 165/1960, Negarit Gazeta, 19th Year No. 2.

Civil Procedure Code Decree No. 52/1962, Negarit Gazeta, 25th year, No. 3, Articles 315 to 318.

Civil Code Proc. No. 165/1960, Article 3325(1). Under Sub article (2) of the same Article the Law indicates that an arbitrator may also be entrusted with establishing only a point of fact without deciding on the legal consequences flowing from those facts.

Id. Article 3328 titled “object of contract and arbitration clause” provides under sub article (1) an existing dispute could be referred to arbitration while sub article 2 of the same provides parties “may also submit to arbitration disputes which may arise out of the contract in the future.” That sub article 2 of this article dealing with disputes which may arise in the future singles out those that ‘arise out of a contract’ does not mean future disputes that do not arise from contract may not be resolved by arbitration. Sub article 3 of the article clearly indicates that submission agreements regarding future disputes are valid so long as they arise from other ‘specific legal obligations.’

It is to be noted that, in earlier times many jurisdictions did not enforce arbitration clauses subjecting future disputes to arbitration. Agreement to arbitrate could only be concluded as regards disputes that had already arisen. This was the case, for example, under the Napoleonic Codes of France. See Hosseraye et al., p. 333.

The Arbitration Act (of England) 1996, Section 6(1) defines an “arbitration agreement” as an agreement to submit to arbitration present or future disputes (whether they are contractual or not). Article 7 of the Model Law defines an arbitration agreement as ‘an agreement by the parties to submit to arbitration all or certain disputes which have arisen or may arise between them in respect of defined legal relationship, whether contractual or not.’ See UNCITRAL Model Law on International Commercial Arbitration 1985 with Amendments as Adopted in 2006, General Assembly Resolution 61/33 of 2006. The German Law, Section 1029 of the ZPO, defines an arbitration agreement (Schiedsvereinbarung) in an essentially the same way as the UNCITRAL Model Law.

Redfern and Hunter (2004), p. 132.

Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958), commonly referred to as the New York Convention has been ratified by 165 countries as at 23 September 2020. Available at: http://www.newyorkconvention.org/countries, accessed on September 23, 2020.

Redfern and Hunter (2004), p. 133.

Deakin, ‘CAPACITAS’: Contract Law and the Institutional Preconditions of a Market Economy, Center for Business Research, University of Cambridge Working Paper No. 325, at p. 1. Available at: https://core.ac.uk/download/pdf/7151443.pdf, last visited on 20 October 2018.

This is what one gathers from reading in the positive Article V(1)a of the New York Convention which authorizes denial of recognition and enforcement of an arbitral award where the parties to the arbitration agreement were under some incapacity under the law applicable to them.

These are requirements under Article V(1)a and Article II(3) of the Convention converted into positive formulation. These requirements can be invoked when a party believes his consent was vitiated.

These are requirements that one reads under Articles II(1)(3) and V(1)a of the Convention. All of them focus on the object of the arbitration agreement.

Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Article II(1).

Civil Code Proclamation No. 165/1960, Art 1678.

See, Deakin, at p. 1. In common Law jurisdictions, for example, they fall under a rubric of ‘public policy’. Though this notion can be deemed to have frozen in its nineteenth century stage of development, social and regulatory legislations have come to complement its objectives.

Id., p. 3.

Id.

Vanderlinden (1969), p. 59.

Civil Code Proclamation No. 165/1960, Article 192. The law declares certain categories of persons as incapable on grounds of minority, insanity or infirmity, the exercise of certain functions, foreign nationality and legal interdiction. See on these the Civil Code Articles 194,198, 339, 340–342, 380 and 389.

Vanderlinden (1969), p. 59.

Id. at 69.

Id.

Criminal Code of the Federal Democratic Republic of Ethiopia Proclamation No. 414/2004, Articles 121 to 128.

Id., Article 123 This Article states that a court may deprive a criminal who has shown himself to be unworthy of the exercise of his civil rights, namely, of the right to vote, to be elected to public office, be a witness, surety and assessor. Similarly, such a convict may be deprived of his family rights, particularly, guardianship and tutorship.

Civil Code of Ethiopia Proclamation No. 165/1960, Articles 194 cum 389 to 393. Foreigners have full capacity in so far as rights and duties under the Civil Law are concerned. The only limitation pertains to ownership of immovable by foreigners. Under the Civil Code, they are not entitled to own immovable property or have rights that can be assimilated to ownership over such property. Laws issued after the Code have eroded this prohibition. Particularly foreign investors, foreign nationals treated as domestic investors and foreigners of Ethiopian origin may now own immovable property in Ethiopia. See on this Article 24 of the Investment Proclamation No. 769/2012, Federal Negarit Gazeta, 18th Year, No. 63.

Deakin, pp. at 3–4.

Vanderlinden (1969), p. 69.

The Revised Family Code Proclamation No 213/2000, Articles 215, 216, 234, 244 and 245.

Civil Code of Ethiopia Proclamation No. 165/1960, Articles 358, 373 and 375.

The Revised Family Code Proclamation No. 213/2000, Article 263,(2),292, 293 and 301.

Civil Code of Ethiopia Proclamation No. 165/1960, Articles 345, 346(1), 347.

Hesselink (2005), pp. 2, 10, 12 and 13.

Civil Code of Ethiopia, Proclamation No. 165/1960, Article 1808(1).

Egert (1986), p. 73, The concept was used in two senses: a ‘narrower’ and ‘wider’ sense. In the ‘narrower’ sense a transaction would be ultra vires where it is outside the scope of the object expressed in the memorandum of association or which could reasonably be implied as incidental for the attainment of the objects set out in the memorandum. In the ‘wider’ sense, it was invoked by lawyers to invalidate transactions that do fall within the objects of the company but were actually concluded in furtherance of some other goals.

Yadav (2012), p. 10.

Mitchel and Richard (2010), p. 464.

Griffin (1998), p. 18.

Id. Read generally.

Commercial Code of the Empire of Ethiopia Proclamation No. 166/1960, Negarit Gazeta, 19th Year No. 3, Articles 284(4), 298, 313(4) and 517(c).

Id., Article 363(1) dealing with the powers of directors of a share company provides that directors shall have powers conferred on them by the law, memorandum of association or meeting of shareholders. Sub-Article 3 of the same provision reads “. … Any restrictions on their (directors’) powers shall not affect the rights of third parties acting in good faith.” As regards the powers of the managers of a private limited company Article 528(.

Id. Article 528(1).

Civil Code of Ethiopia, Proclamation No. 165/1960, Article 3330(3) reads “[t]he arbitrator may in no case be required to decide on whether the arbitral submission is or is not valid.” (Emphasis added) This issue of separability and competence-competence will be discussed elsewhere in detail. Suffice it to say, for the moment, that the prohibition on this point which lags modern arbitration principles does not have the implication of nullifying an arbitration clause just because the main contract is challenged on grounds of the ultra vires doctrine.

Separability of the arbitration clause and the rest of the contract is a subject we discuss at length under Chap. 6.

Id., Article 3326(1).

Id., Article 315(3) (Civil Code).

Revised Family Code, Proclamation No. 213/2000, Articles 115 and 17. Arbitrability is to be discussed in more depth in Chap. 3.

Civil Code of Ethiopia, Proclamation No. 165/1960, Articles 2203, 2204 and 2204 and Commercial Code Articles 33, 34, 35, 233, 234, 235, 348 deal with this matter. Under the Civil Code ‘acts of management’ are either acts that are aimed at conservation of property or minor transactions that are deemed of no far reaching consequence on the principal. Particularly, Article 2204 lists as acts of management, ‘[a]cts for the preservation or maintenance of property, lease for term not exceeding three years, the collection of debts, the investment of income, the discharge of debts’ as well as ‘sale of crops, goods intended to be sold or perishable commodities.’ Though the Commercial Code is not that clear on this point it can be held that ‘acts of management’ imply more powers in the Commercial Code than in the Civil Code. Article 33 of the Commercial Code defined a manager as ‘… a person who has been authorized, expressly or tacitly to carry out acts of management and to sign in the name of the trader.’ Article 35 of the same Code states ‘in relation to third parties, the manager shall be deemed to have full power to carry out all acts of management connected with the exercise of the trade, including the power to sign negotiable instruments.’ Emphasis added. Note here that the yardstick for the determination of whether an act is an act of management is whether the act is connected with the exercise of the trade the manager runs and not whether the act is urgent or of no far reaching consequence. The Commercial Code, under Article 235, categorizes an act that ‘goes beyond normal partnership practice’ as a ‘special act’ and makes carrying out such act beyond the powers of a manager. This provision lends credence to the position that acts of management mean more in the context of the Commercial Code.

Id., Article 2205(2). (Civil Code).

Id., Article 3326(1).

GTT Trading v. Ethiopian Mineral Development Share Company, Federal First Instance Court, Case No. 59068, (17 February (Yekatit) 1998 Ethiopian Calendar).

Id.

Ethiopian Mineral Development Share Company v. GTT Trading, Federal First Instance Court, Case No. 46254 (February 29, 1999 Ethiopian Calendar).

Ethiopian Mineral Development Share Company v. GTT Trading, Federal Supreme Court, Cassation Case No. 30727 (19 Ghinbot/May 2000 EC).

Proclamation to Provide for the Privatization of Public Enterprises, Proclamation No. 146/1998, Federal Negarit Gazeta, 5th Year, No. 26.

Ethiopian Mineral Development Share Company v. GTT Trading Case No. 30727.

This is what we can imply from the Civil Code Provision, Article 3326(1) that says ‘capacity’ to dispose of the right gratis is necessary for one to validly conclude agreement to arbitrate.

Privatization of Public Enterprises Proclamation No. 146/1998, Negarit Gazeta, 5th Year No. 26 and the Commercial Code of Ethiopia Proc. 166/1960. The Commercial Code provisions which the Proclamation makes inapplicable deal with minimum number of founders or shareholders (Art 307(1) & 311(1)), deposit of 25% of par value of cash shares when forming a new company (Art 312(1)b), valuation of contributions in kind (Art 315), and persons who are eligible to become directors and the qualification shares directors should deposit with the company as security for proper discharge of their duties (Art 347(1)&349).

Park (2012), p. 191.

Id.

Civil Code of Ethiopia Proclamation No. 165/1960, Article 3325(1) and 1678(a).

Id., Article 1679.

Krzeczunowicz (1996), p. 12.

Id.

Civil Code of Ethiopia Proclamation No. 165/1960, Article 1808(1).

Id., Articles 1696, 1698, 1704 and 1706.

Id., Article 1710(2).

Krzeczunowicz (1996), p. 32.

Id., at 8.

Civil Code of Ethiopia Proclamation No. 165/1996, Article 1714(1).

Krzeczunowicz (1996), p. 62. Civil Code of Ethiopia Article 1713 reads, “(t) parties shall be bound by the terms of the contract and by such incidental effects as are attached to the obligations concerned by custom, equity and good faith, having regard to the nature of the contract.”

Id., at 57.

Civil Code of Ethiopia Proclamation No. 165/1996, Article 3328(3).

UNCITRAL Model Law as amended in 2006, Article 7(1).

UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), Article II(1).

Schramm et al. (2010), p. 50.

Civil Code of Ethiopia Proclamation No. 165/1960, Article 1715(2).

Krzeczunowicz (1996), p. 63.

Civil Code of Ethiopia Proclamation No. 165/1960 Article 1715(2).

Weidong (2010), p. 58. The Chinese Arbitration Law not only requires arbitration agreements to designate arbitration institution as a condition for the material validity of the arbitration agreement but also regards the arbitration agreement invalid if the arbitration agreement is uncertain due to inaccuracies or ambiguities in the naming of the arbitral institution unless the parties choose to conclude an agreement to clarify this ambiguity.

Civil Code of Ethiopia Proclamation No. 165/1960, Articles 1732 to 1739.

Id., Article 1732.

Id., Article 1734.

Krzeczunowicz (1996), p. 85.

Civil Code of Ethiopia Proclamation No. 165/1965, Article 1788.

Id., Article 3336(1).

UNCITRAL Model Law, as amended in 2006, Article 14(1).

Id.

Id. Article 15.

Id., Article 14(1).

Ethiopian Maritime Transit and Logistics Enterprise v. D.M.C. Construction PLC, Federal Supreme Court Cassation Bench, Cassation File No. 80722, (9 January 2013).

D.M.C Construction PLC v. Ethiopian Maritime Transit and Logistics Enterprise.

Ethiopian Maritime Transit and Logistics Enterprise v. D.M.C Construction PLC, Cassation File No. 80722.

100

Id. The Cassation Bench goes further and says this having been the intention of the parties at the time of the contract, appointment of a different arbitrator by a court would violate Article 3329 of the Civil Code which provides arbitration agreements regarding the jurisdiction of arbitrator are to be construed restrictively. Note though the Cassation Court was right in its finding and reasoning for the most part this last attempt to find yet another justification for its conclusion is wrong. Article 3329 it cites is about the scope of the powers of arbitrators or ‘jurisdiction of the arbitrators’ in the wording of the said Article. It does not deal with the appointment of arbitrators.

101

Some of the impediments to an arbitrator named in the arbitration agreement, indicated under Article 3336(1) of the Civil Code are temporary.

102

Civil Code of Ethiopia Proclamation No. 165/1960, Article 3337(2).

103

Id., Article 1678(b).

104

Id., Article 1711.

105

Krzeczunowicz (1996), p. 65 KRZECZUNOWICZ. See also Civil Code of Ethiopia Proclamation No. 165/1996, Article 1731(2).

106

Civil Code of Ethiopia Proclamation No. 165/1996, Article 1716(1). For the application of this rule look at sub 2 of 1716 that provides obligations that are perfectly legal taken independently may be unlawful or immoral when they are interrelated or when one obligation is assumed in consideration of another obligation. Also look at Articles 1717 and 1718 of the Civil Code on ‘motive’ of the parties and how it affects the lawfulness or moral standing of the obligation assumed.

107

Krzeczunowicz (1996), p. 66.

108

Id., ‘Boni mores’ is a Latin term that broadly denotes ‘good public policy or proper moral sentiment.’ See, Fellmeth and Horwitz (2011).

109

UNCITRAL Model Law as amended in 2006, Articles 11(5) and 12(2).

110

The London Court of International Arbitration Rules, (as adopted to take effect commencing on 1 January 1998), Article 5(2).

111

ICDR International Dispute Resolution Procedures – Arbitration Rules, as amended and effective from September 15, 2005, Article 7(1).

112

Rules of Arbitration of the International Chamber of Commerce (effective 1 January 1998) Art 7(1) and 11(1).

113

Civil Code of Ethiopia of Ethiopia Proclamation No. 165/1996, Article 3335.

114

UNCITRAL Model Law as amended in 2006, Article 12(2).

115

Id. Article 15.

116

German Code of Civil Procedure (ZPO) of 1998, Section 1034(2), The aggrieved party must make his request to the court within two weeks from the time it became aware of the constitution of the arbitral tribunal on pain of losing this legal redress.

117

Tang (2014), p. 59.

118

Id.

119

Civil Code of Ethiopia Proclamation No. 165/1960, Article 3326(2).

120

Krzeczunowicz (1996), p. 71.

121

Civil Code of Ethiopia Proclamation No. 165/1960, Article 1719(1), See also Article 1678(c) of the Civil Code which makes the same point though less emphatically.

122

Id., Article 1719(2).

123

Krzeczunowicz (1996), p. 71.

124

Civil Code of Ethiopia Proclamation No. 165/1960, Article 3326(2).

125

Id., Article 2443.

126

Id., Article 881(1).

127

Id., Article 881(2)(3) and 882.

128

Id., Article 882.

129

Id., Article 2445(1).

130

Id., Article 1723(1) says ‘[a] contract creating or assigning rights in ownership or bare ownership on an immovable, or a usufruct, servitude or mortgage on immovable shall be in writing and registered with a court or notary. Further sub article 2 of 1723 states that ‘[a]ny contract by which an immovable is divided and any compromise relating to an immovable shall be in writing and registered with a court or notary.’

131

Id., Article 1724.

132

Id., Article 1725(a)&(b).

133

Authentication and Registration of Documents Proclamation No. 334/2003, Article 5(1), FEDERAL NEGARIT GAZETA, 9th Year, No. 54 (2003).

134

Civil Code of Ethiopia Proclamation No. 165/1960, Article 1726.

135

The New York Convention of 1958, Article II(1).

136

UNCITRAL Model Law as amended in 2006, Article 7(2).

137

Civil Code of Ethiopia Proclamation No. 165/1960, Article 1727(1).

138

Id., Article 1727(2).

139

Krzeczunowicz (1996), p. 75.

140

Electronic Signature Proclamation No. 1072/2018, FEDERAL NEGARIT GAZETTE, 24th Year No. 25.

141

Id., Article 5(2).

142

The New York Convention 1958, Article II(2). That means under the Convention the arbitration agreement need not be contained in a single document. It is possible to agree to arbitrate through telegrams or exchange of letters, particularly.

143

UNCITRAL Model Law as amended in 2006, Article 7(3).

144

Id., Article 7(4)&(5) (UNCITRAL Model Law as amended in 2006).

145

Uzelac (2001), pp. 83–85.

146

UNCITRAL Model Law as amended in 2006, Article 7(5).

147

Uzelac (2001), p. 85.

148

Id., at 84.

149

Civil Code of Ethiopia Proclamation No. 165/1960, Article 1720(2). Note that non-compliance with fiscal provisions such as provisions that require that a stamp evidencing payment of stamp duty be affixed to a contract or failure to pay registration fee do not render the contract null and void, according to Article 1720(2) of the Civil Code.

150

Krzeczunowicz (1996), p. 172.

151

Civil Code of Ethiopia Proclamation No. 165/1960 Article 1726.

152

Born (2001), p. 297.

153

Id.

154

Id., at 165–166 and 298–299. Other issues that may necessitate interpretation include: whether parties have agreed to arbitration or some other form of dispute settlement like conciliation, mediation etc…; whether or not arbitration is the only and mandatory dispute settlement mechanism or parties are free to resort to litigation in courts; and the question of applicable substantive law.

155

Tang (2014), p. 60. See also Born (2001), p. 298.

156

Delaney and Lewis (2008), p. 344. Moreover even courts could not be consistent on the meaning of identical phrases. For instance, in Heyman v. Darwins Ltd the House of Lords concluded arbitration clauses that provided for settlement of disputes arising ‘under’ a contract as narrower than arbitration clauses that provided for settlement of disputes arising ‘out of’ a contract. In contrast the House of Lords could not see any difference between the same terms.

157

Tang (2014), pp. 61–62.

158

The Civil Code of Ethiopia Proclamation No. 165/1960, Article 3329.

159

Born (2001), pp. 156–157. Before the sweeping liberalization of 1980s and 1990s resulted in a pro-arbitration consensus, arbitration was deemed an exception to which litigation in courts was generally preferred by lawmakers in most parts of the world.

160

Zemzem Private Limited Company (PLC) v. Illubabour Zone Education Department, Federal Supreme Court of Ethiopia, Cassation Bench, File No. 16896 (1998 EC). The underlying contract was for the construction of a primary school. The dispute that gave rise to this case pertains to the execution of this contract.

161

Id.

162

UNCITRAL Model Law as amended in 2006, Article 8(1) and explanatory note to the same law para. 21.

163

Raeschke-Kessler (2014), p. 252.

164

The United States Arbitration Act, Pub.L. 68–401, 43 Stat. 883, Feb. 1925, Article 2 of the Federal Arbitration Act reads in relevant part ‘… an agreement in writing to submit to arbitration … shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.’

165

Koplowitz (2012), pp. 566–567 (2012).

166

Born (2001), p. 165. Gary B. Born cites the following US cases as examples of pro-arbitration bias banking on the New York Convention: Riley v. Kingsley Underwriting Agencies Ltd, 969 F.2nd 953, 960 (10th Cir. 1992) (“null and void’ exception is to be narrowly construed”); Rhone Mediterranee 712 F. 2nd at 53–54 (“the Policy of the Convention is best served by an approach which leads to the upholding of agreements to arbitrate.”); Samson Resources Co. v. Int’l Business Partners, Inc., 906 F. Supp. 624 (N.D. Okla. 1995)(“The policy favoring arbitration is ‘even stronger in the context of international business transactions.”).

167

Id., at 165 to 166.

168

Delaney and Lewis (2008), p. 342.

Id.

Id., at 345.

Id., at 346.

Civil Procedure Code of Ethiopia Proclamation No. 165/1960. Cumulative reading of Articles 356(a) and 355(1) shows that a party may apply to a court to set aside an award where ‘… the arbitrator decided matters not referred to him…’ Similarly, recognition and enforcement will be denied under the New York Convention ‘where the award deals with a difference not contemplated by the parties or not falling within the terms of the submission to arbitration…’ according to Article V(1)C.

173

Civil Code of Ethiopia of Ethiopia Proclamation No. 165/1960, Article 3326(1).

174

Id., Article 3328(3).

175

Id. Article 3335.

176

Id. Article 3326(2).

Born G (2001) International commercial arbitration: commentary and materials, 2nd edn. Kluwer Law International

Deakin S, ‘Capacitas’: contract law and the institutional preconditions of a market economy. Center for Business Research, University of Cambridge Working Paper No. 325. Available at: https://core.ac.uk/download/pdf/7151443.pdf, last visited on 20 October 2018

Delaney J, Lewis K (2008) The presumptive approach to the construction of arbitration agreements and the principle of separability – English law post Fiona Trust and Australian law contrasted. UNSWLJ 31(1):341

Egert GA (1986) The doctrine of ultravires: recent developments. QLD Inst Technol Law J 73

Fellmeth AX, Horwitz M (2011) Guide to Latin in international law. Oxford University Press

Greenberg S et al (2011) AL international commercial arbitration: an Asia Pacific perspective. Cambridge University Press

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Hesselink M (2005) Capacity and capability in European contract law. Amsterdam Center for Law and Economics, Working Paper No. 2005-09. Available at http://ssrn.com/paper=869246. Accessed 04 Dec 2014

Hosseraye J et al. Arbitration in France, CMS Guide to Arbitration, vol I

Koplowitz E (2012) “I Did Not Agree to Arbitrate That!”- how courts determine if employees’ sexual assault and harassment claims fall within the scope of broad mandatory arbitration clauses. CJCR 13:565

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Mitchel QCG, Richard (2010) English law of contracts, foreign counterparties and ultra vires. BJIB & F Laws 8:464

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Raeschke-Kessler H (2014) Germany in James H Carter (ed)

Redfern A, Hunter M (2004) Law and practice of international commercial arbitration, 4th edn. Sweet and Maxwell, London

Schramm D et al (2010) In: Kronke H et al (eds) Recognition and enforcement of foreign arbitral awards: a global commentary on The New York Convention. Walters Kluver, Austin

Tang Z (2014) Jurisdiction and arbitration agreements in international commercial law. Routledge, Taylor & Francis Group

Uzelac A (2001) The form of arbitration agreement and the fiction of written orality: how far should we go? Croat Arbit Yearb 8:83–107

Vanderlinden J (1969) The law of physical persons. Haile Sellassie I University, Addis Ababa

Weidong Z (2010) Determining the validity of arbitration agreements in China: towards new approach. AIAJ 6

Yadav HR (2012) Doctrine of Ultra Vires Under Companies Act 1956: An Abstract of Doctoral Dissertation Submitted to Maharshi Dayanand University, Rohtak, 10. Available at: http://shodhganga.inflibnet.ac.in/bitstream/10603/9793/17/17_summary.pdf. Accessed 14 Feb 2015

Titel: Arbitration Agreement: Validity, Lapse and Interpretation
verfasst von: Seyoum Yohannes Tesfay
Verlag: Springer International Publishing
Buch: International Commercial Arbitration
Print ISBN: 978-3-030-66751-1

Electronic ISBN: 978-3-030-66752-8

Copyright-Jahr: 2021
DOI: https://doi.org/10.1007/978-3-030-66752-8_2

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