The decision is important for the implementation of international arbitration in Australia, because German arbitration law – based on UNCITRAL`s standard law on international commercial arbitration from 1985 – is part of the Code of Civil Procedure (ZPO) and is listed in sections 1025 to 1066. Under the new regulations, the Tribunal does not reserve this discretion. Unless the court finds that the arbitration agreement is null, inoperative or unfit to be enforced, the court must refer the parties to arbitration proceedings: Bulkbuild Pty Ltd v. Fortuna Well Pty Ltd – Ors  QSC 173 under . An arbitration agreement valid under Section 1029 (1) ZPO requires that the intentions of the parties to settle and exclude the jurisdiction of the state courts can be clearly and unambiguously inferred from the agreement. Nevertheless, the decision on the validity of a compromise clause depends on the particular circumstances of the case. It is therefore very wise to use standard arbitration clauses of ad hoc institutions or arbitrations in order to avoid tedious and costly disputes over the validity of a compromise clause. In addition, the parties should agree on the place of arbitration, the number of arbitrators and the language of arbitration in the compromise clause. This application arose from a SIAC arbitration procedure initiated by the defendants against the applicant. The applicant would have entered into a surety (the “guarantee”) for the loan of a third party. The guarantee included an arbitration agreement that provided for a SIAC arbitration procedure for any questions it had asked, “including any questions relating to its existence, validity or termination.” The third-party borrower was late and the defendants seized the warranty that was not met.
The defendants initiated SIAC arbitration proceedings against the applicant for non-payment. The applicant requested that the court have omitted the proceedings and, when the court refused to do so, the applicant commenced proceedings before the court to request a stay of the arbitration proceedings. The defendants then requested that the judicial process be interpreted pending the decision of the SIAC arbitration. Compliance with the second requirement – as in this case – often poses problems: the agreement of the parties to subject all or certain disputes to arbitration proceedings. It is important that the arbitration agreement be clearly and clearly inferred that the parties intended to exclude state courts as a dispute resolution forum and to have disputes resolved through arbitration proceedings. The Bundesgerichtshof ruling confirms the long-standing approach of the Lower German courts to put an end to arbitration clauses. Sweden – EN There are no formal conditions for an arbitration agreement in Sweden, but a written arbitration agreement is of course preferred for obvious reasons. Under the Swedish Arbitration Act, an oral arbitration agreement is also binding.
Conditions for the validity of arbitration agreements under German arbitration law The court noted that any discomfort arising from the fact that a court has the power to determine its own jurisdiction and was therefore able to find that it was not competent to decide the issue if there was indeed no arbitration agreement. It says that after accepting and implementing the principle of jurisdiction for so many years, we must ignore this malaise. Otherwise, we can make more subtle and subtle distinctions between situations where the principle applies and situations where this is not the case. French law has a broad concept of international arbitration, considering that arbitration is international when it includes the interests of international trade.