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International Commercial Arbitration

Published online by Cambridge University Press:  21 May 2009

P. Sanders
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Extract

1. With the internationalization of the market international transactions also grow in number and importance. Here we should not only think of international sales agreements. Important as those may be there are also licence agreements, know-how agreements, agency-contracts, transport agreements, deliveries of installations and even of complete factories to developing countries, concession-agreements – all these play a role in international transactions. From all these contracts – the list is far from being complete – disputes can arise. How are these disputes to be resolved?

2. Court proceedings

Of course there is the national judge. Bringing the case in court is, however, in international matters even more than in the national field, not always looked upon favourably by business people. The reasons for this are manifold.

Type
Articles
Information
Netherlands International Law Review , Volume 20 , Issue 1 , May 1973 , pp. 37 - 50
Copyright
Copyright © T.M.C. Asser Press 1973

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References

1. See the Comparative Study by Benjamin, Peter in International Commercial Arbitration. Volume II, p. 350, published by Martinus Nijhoff, The Hague 1960.Google Scholar

2. See International Commercial Arbitration, Vol. III (1965)Google Scholar for the text of the convention and the article by Jenard, P., p. 370.Google Scholar

3. See for the text of the New York Convention 1958, Volume II of International Commercial Arbitration (1960) and the article on this convention by the author, p. 292 seq.

4. Russell, , On the law of Arbitration (1970), p. 248.Google Scholar

5. In its award of July 3, 1958, the Foreign Trade Arbitration Commission held this view with regard to Sojuzneft export, the Soviet oil export combine.

6. A. Broches in Liber Amicorum for Martin Domke, published by Martinus Nijhoff, The Hague, 1967, p. 17.

7. Article V under (d) of the New York Convention 1958.

8. It should be remembered here that only in 1925 France recognized the validity of an arbitral clause in the contract.