Help with law

Essay by wishahaUniversity, Bachelor's March 2014

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Question 1

In the context of the UNICITRAL Model Law on International Commercial Arbitration advise John:

If he can insist on his dispute with Fred Going to arbitration

To start with arbitration is the settlement of disputes by an independent party usually chosen by other party. UNICITRAL Model Law on international commercial arbitration sets out rules to be adapted into national laws so as to make international practice uniform. It is said to be international arbitration if parties involved have their place of business in different states. Similarly it is said to be a commercial if the matters are of a commercial nature.Regarding the case above, it is the first priority to consider whether there was an "arbitration agreement" between john and Fred. In the contract it must clearly state that any disputes between two parties to be resolved by going to arbitration.

UN Model Law on international commercial arbitration consists of International laws relating to the matter:

In Model law an arbitration agreement is an agreement by the party to submit to arbitration all or certain disputes which may have arisen between them in respect of a defined legal relationship, whether contractual or not: Article 7 (1).The model law requires the arbitration agreement to be in writing. Article7 (2). The constitutes of writing under model law are as follows

1) The written arbitration agreement has to be documents signed by parties like sale of goods contract.

2) An exchange of communication which provide the record of the agreement which account for a valid written agreement e.g. .email

3)An exchange of statements of claim and defense or documents relating to legal proceedings in which the existence of an agreement is alleged by one party and not denied by other party.

4) The reference in a contract...