Termination Of Arbitration Agreements

(8) Where the period during which a request for review may be made has expired and no application has been made, or where the court has verified the assessment and taken a final decision, the certificate may be lodged with the General Court and enforced as a judgment of the General Court. 1991, c. 17, p. 56 (8). (e) that any arbitrator conducting family arbitration in France decided, in the classic Gosset decision (Cass. 1st civ., 7 May 1963), that the arbitration agreement had total autonomy from the substantive contract in the context of international arbitration. 3. The parties to an arbitration agreement may expressly or tacitly agree to vary or exclude any provision of this Act, with the exception of the following provisions: 20. (1) The arbitral tribunal may determine the arbitration procedure in accordance with this Act 1991, c.

17, ยง 20, paragraph 1. 36. When the parties settle the dispute during the arbitration proceedings, the arbitral tribunal shall terminate the arbitration and may, at the request of a party, register the settlement in the form of an arbitral award. 1991, c. 17, p. 36. Although section 23(4) of the AA permits the termination of an arbitration agreement by agreement in 1996, it does not specify the form of the agreement necessary for its termination. This creates the possibility of terminating an arbitration agreement orally. In any case, a written recording is preferable for evidenting purposes. In addition, JSC Zestafoni G Nikoladze Ferroalloy Plant vs. Ronly Holdings Ltd (Ronly) [xiv] suggests that, if the master contract requires written amendments, this requirement probably also applies to arbitration agreements.

In this case, Colman J said, “. Although a party entering into joint and several contracts is an agreement that it has entered into jointly and severally, including an arbitration agreement, without joining its contractor, it would be quite different for it to be able to modify or terminate it without the agreement of the other member of the group, unless the agreement is provided. …”[xv] It should be noted that a reference to mediation or any other non-binding procedure does not impose a dispute resolution agreement on the arbitration. [xvi] (5) An arbitration agreement may be revoked only in accordance with the general rules of contract law. 1991, c. . . .