arbitration clause by reference

arbitration clause [ clause of arbitration | arbitral clause ]

arbitration clause by reference

Canadian Government Printing Services Contract Clauses Reference Manual

19. Calls for the inclusion of clauses in all agreements with third countries that refer explicitly to the need to promote, guarantee and respect digital freedoms, net neutrality, uncensored and unrestricted access to the internet, privacy rights and the protection of data;

19. Calls for the inclusion of clauses in all agreements with third countries that refer explicitly to the need to promote, guarantee and respect digital freedoms, net neutrality, uncensored and unrestricted access to the internet, privacy rights and the protection of data;

In particular, even though the 1958 New York Convention is generally perceived to operate satisfactorily, parallel court and arbitration proceedings arise when the validity of the arbitration clause is upheld by the arbitral tribunal but not by the court; procedural devices under national law aimed at strengthening the effectiveness of arbitration agreements (such as anti-suit injunctions) are incompatible with the Regulation if they unduly interfere with the determination by the courts of other Member States of their jurisdiction under the Regulation[25]; there is no uniform allocation of jurisdiction in proceedings ancillary to or su ...[+++]pportive of arbitration proceedings[26]; the recognition and enforcement of judgments given by the courts in disregard of an arbitration clause is uncertain; the recognition and enforcement of judgments on the validity of an arbitration clause or setting aside an arbitral award is uncertain; the recognition and enforcement of judgments merging an arbitration award is uncertain; and finally, the recognition and enforcement of arbitral awards, governed by the NY Convention, is considered less swift and efficient than the recognition and enforcement of judgments.

Those sets of information shall be provided at Trusted List level through the use of the present ‘Scheme information URI’ (clause 5.3.7 — information being provided by Member State), ‘Scheme type/community/rules’ (clause 5.3.9 — through the use of a text common to all Member States) and ‘TSL policy/legal notice’ (clause 5.3.11 — a text common to all Member States, together with the ability for each Member State to add Member State specific text/references).