Conclusion and Interpretation of the Arbitration Agreement Sample Clauses

Conclusion and Interpretation of the Arbitration Agreement. The law 43 governing the conclusion of the agreement encompasses the requirements for party consent,103 including interpretation of the parties’ declarations,104 failures of in- tent105 and inclusion of arbitration agreements in general terms and conditions (paras 132 et seq.). The law applicable to the arbitration agreement (para. 42) likewise governs its interpretation as to its factual scope (for details, see para. 262). 102 Cf. Xxxx, in: Xxxxxxx (ed.), Part 3, Art. II para. 64; Xxxxxxxx, in: Xxxxxxxxx/Xxxxxxx (eds), paras 6612 et seq.; see as an example Art. 10(1) of the Rome I Regulation (which does, however, not apply to arbitration agreements according to its Art. 1(2)(e)). 103 Germany: KG, KGR 1996, 68, 70; xxx xxx Xxxx, pp. 290 et seq.; Xxxxxxxx, p. 36; Xxxx, in: Xxxxxxx (ed.), Part 3, Art. II para. 64; Xxxxxxxx, in: Xxxxxxxxx/Xxxxxxx (eds), para. 6630; Xxxxxxxxx, in: Xxxxx/Xxxxx (eds), annex to sect. 1061 para. 41. 104 Germany: KG, KGR 1996, 68, 70; India: National Thermal Power Corp. v. The Singer Co., XVIII Y.B. Com. Arb. 403, 406 para. 8 (1993); Xxxx, in: Xxxxxxx (ed.), Part 3, Art. II para. 64; Xxxxxxx/Geisinger/Xxxxxxxx, in: Xxxxxx/Xxxxxxxxxx/Xxxx/Port (eds), p. 57. 105 Xxxxxxxx, in: Xxxxxxxxx/Xxxxxxx (eds), para. 6630. Xxxxx 105 Article II 44–47 New York Convention 44 Another factor controlled by the law governing the agreement conclusion (para. 42) is the identity of the parties bound by such agreement. While in the standard cases doubts will seldom arise in practice, the governing law needs to be consulted e.g. for third party beneficiaries (paras 258 et seq.).106 Although a divergent view has been taken for non-signatories (paras 252 et seq.),107 there is no reason to exclude their commitment under the arbitration agreement from the law governing the arbitration agreement.108 This law also determines whether an arbitration clause in a bill of lading binds its holder.109 45 The law under which the contract was concluded does not govern the power of attorney in case a proxy concluded the agreement. The law applicable to this issue is determined by the conflict of law rules of the forum State, i.e. of the country in which recognition of the arbitration agreement is sought.110 46 The law to which the parties have subjected the arbitration agreement or, failing any indication thereon, the law of the country where the award was made (paras 228 et seq.) likewise does not extend to the capacity to resort to arbitration. It is rather governed by ...
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to Conclusion and Interpretation of the Arbitration Agreement

  • Interpretation of the Agreement The laws of the Commonwealth of Pennsylvania shall govern this Agreement.

  • Interpretation of Agreement It is understood that the parties hereto intend this Agreement to be interpreted and enforced so as to provide indemnification to Indemnitee to the fullest extent now or hereafter permitted by law.

  • Construction and Interpretation Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

  • Interpretation and Intent 3.1 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof.

  • Definition and Interpretation 1.1 Except as otherwise defined in the terms or context hereof, the following terms in this Agreement shall have the following meanings:

  • Application and Interpretation For the purposes of this Chapter:

  • Severability and Interpretation If a provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nonetheless be enforceable according to their terms. Further, in the event that any provision is held to be overbroad as written, such provision shall be deemed amended to narrow its application to the extent necessary to make the provision enforceable according to law and enforced as amended.

  • Terms and Interpretation In this Agreement:

  • A1 Definitions and Interpretation A1.1 In this Contract unless the context otherwise requires the following provisions shall have the meanings given to them below:

  • Governing Law; Interpretation This Agreement shall be interpreted and enforced under the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. In the event of any dispute, this Agreement is intended by the parties to be construed as a whole, to be interpreted in accordance with its fair meaning, and not to be construed strictly for or against either you or the Company or the “drafter” of all or any portion of this Agreement.

Time is Money Join Law Insider Premium to draft better contracts faster.