Arbitration Clause Incorporated by Reference

Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Clause Incorporated by Reference, Enforcement, International arbitration, Russia

(Egorov Puginsky Afanasiev & Partners)/ /Leave a comment

The question of the validity of an arbitration clause incorporated by reference is debatable in international arbitration. The approach of national courts to the issue varies from jurisdiction to jurisdiction (e.g., see here). The Russian Law on International Arbitration (1993) is based on the UNCITRAL Model Law. In particular, the Law provides in Article 7…

Arbitration Agreements, Arbitration Clause Incorporated by Reference, Brazil, Domestic Courts

, (Clyde & Co.)/ /Leave a comment
Clyde & Co.

On 22 September 2016, the 1st Instance Court of Jundiaí – São Paulo dismissed a claim under Article 485, VII of the New Brazilian Civil Procedure Code (NBCPC) finding that the court lacked jurisdiction over disputes arising out of a distribution agreement which provided for disputes to be resolved by arbitration. Pursuant to Article 485,…

Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Clause Incorporated by Reference, Sport arbitration

, (Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

Claudia Pechstein, 44, is a well-known speed skater – she has won 60 medals at international championships and at the Olympics since 1992. However, the media coverage on her seven year juridical battle against a two year suspension imposed on her for a disputed doping rules violation has put her into the spotlight even more…

Arbitration clause, Arbitration Clause Incorporated by Reference, New York Convention

(Linklaters)/ /Leave a comment
Linklaters

and Manuela Caccialanza, Linklaters LLP The question about whether or not an arbitration clause incorporated “by reference” must be regarded as valid and binding between the parties has been, and still is, central to an animated debate in most European jurisdictions. The New York Convention 1958 on the recognition and enforcement of foreign arbitral award…