With respect to the issue of validity, it will be necessary to ascertain whether an ambiguous clause shows the parties’ intention to submit the dispute to arbitration and thus to exclude the jurisdiction of the ordinary
With this in mind, we shall mainly examine the following aspects in the following…
(1) questions concerning the existence and validity of the arbitration clause and in particular whether the parties actually intended to choose arbitration as a means of resolving their disputes, instead of resorting to ordinary jurisdiction (infra, §…
(2) uncertainties regarding the manner in which the arbitration clause is be implemented,…
(3) the determination of the «scope» of the clause, i.e. whether the clause…
(4) the possible «extension» of the clause to third parties (infra, § 6).…
The interpretation of the arbitration clause by the arbitrators themselves, and by…
First of all, it is worth addressing the question of the applicable law, distinguishing…
