The creation of arbitration agreements
The creation of arbitration agreements
- 2001
- Arbitration Law Monthly 1(8) October 2001, 1-3(3) .
Argues that the distinction between arbitration and other forms of dispute resolution is not always apparent, as demonstrated in "AIG Europe SA v QBE International Insurance Ltd". It was found that the reinsurance agreement between AIG and QBE did not contain arbitration clauses, but only provided for a procedure of conciliation. Concludes that there will be no incorporation of an arbitration clause unless there is an express reference to arbitration in the words of incorporation.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
DISPUTE RESOLUTION
AIG EUROPE SA V QBE INTERNATIONAL INSURANCE LTD
REINSURANCE
CONCILIATION
Argues that the distinction between arbitration and other forms of dispute resolution is not always apparent, as demonstrated in "AIG Europe SA v QBE International Insurance Ltd". It was found that the reinsurance agreement between AIG and QBE did not contain arbitration clauses, but only provided for a procedure of conciliation. Concludes that there will be no incorporation of an arbitration clause unless there is an express reference to arbitration in the words of incorporation.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
DISPUTE RESOLUTION
AIG EUROPE SA V QBE INTERNATIONAL INSURANCE LTD
REINSURANCE
CONCILIATION