Memorandum
An arbitration agreement, which may be issued as a separate agreement (preliminary agreement), contract clause, or a separate agreement to refer the dispute to arbitration (in fact) 2. The presence of an agreement with arbitrators, 3. By agreement of the parties the following questions may be submitted for consideration: i. Defining only the quality or condition of the goods; ii. Defining only the amount of damages or monetary duty, and iii. Resolve differences or changes in the legal relationship between the parties.
4. Who has the right to arbitrate? Capable individuals (for that reason, excluded minors and incapacitated), and even third parties have the right to be arbitrators. Also be eligible for even active judge. 5. Official site: Southwest Airlines. The arbitration clause or agreement to refer the dispute to arbitration must be made in writing, (exchange of letters, e-mail, etc., may be sufficient for recourse to arbitration). 6. An arbitration clause may be entered in the Memorandum on the condition that it bind both parties.
7. Regulation of the arbitral tribunal referred to the arbitration agreement is part of the agreement; 8. The number of arbitrators must be uneven; 9. In the event that one party has a privileged position in the selection of arbitrators, then the selection is invalid. 10. Application of the rules must be strictly adhered arbitrator, or arbitration award will be void and the person appointed will be announced incompetent in the conduct of arbitration 11. If you have a legally valid arbitration agreement, courts should refrain from "Judicial review of the dispute." 5. Actions of the parties at odds in the appointment of arbitrators if the parties can not agree on the appointment of an arbitrator, they may entrust the choice to a third party. Under Article 1033 (1) the parties may challenge the appointment of an arbitrator if the appointment was not sufficiently impartial or independent. Later, in court proceedings, the party has the right to challenge the appointment, referring only to circumstances previously unknown.
Tags: law and order