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The creation of arbitration agreements

Series: Arbitration Law Monthly ; 1(8) October 2001, 1-3(3)Publication details: 2001Subject(s): Summary: 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.

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.