International arbitration agreements

Arbitration agreements—requirements of the New York Convention

This Practice Note sets out the requirements specified in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) for a valid arbitration agreement pursuant to Article II of the New York Convention. It also considers the enforcement of arbitration agreements pursuant to Article II(3) of the New York Convention.

See Practice Note: Arbitration agreements—requirements of the New York Convention.

Arbitration agreements—definition, purpose, the ‘in writing’ requirement and content

While largely focused on the position under the law of England & Wales, the following Practice Notes will be of interest and use for those considering international arbitration agreements:

  1. Arbitration agreements—definition, purpose and interpretation

  2. Arbitration agreements—the in writing requirement

  3. Arbitration agreements—content

Arbitrability in international arbitration

This Practice Note discusses what matters are ‘arbitrable’ in an international context including which laws determine the question of arbitrability. It covers the position under English law and relevant provisions in the New York Convention and UNCITRAL Model Law. The Practice Note also discusses when the issue of arbitrability should be raised.

See Practice Note: Arbitrability

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Drawing the line—court review of arbitral institutions’ administrative decisions in Brazil (Vale v B3 & others)

Arbitration analysis: Reversing a first-instance judgment that had dismissed the claim for lack of jurisdiction and legal standing, the São Paulo Court of Appeals held that Brazilian courts may review administrative decisions rendered by arbitral institutions prior to the constitution of the arbitral tribunal. The dispute concerned a decision by the President of the Market Arbitration Chamber (CAM) applying Article 3.6 of its Rules to appoint all three arbitrators and to disregard respondent Vale S.A.’s prior appointment of a co-arbitrator. The court held that the provision presupposes both a plurality of parties and an actual ‘absence of consensus’, which was not present in the case at hand, as the multiparty claimants acted jointly and with convergent interests up to that stage of the proceedings. It further held that the statutory right of each party to appoint a co-arbitrator under the Brazilian Arbitration Act cannot be displaced by institutional discretion in such circumstances. The decision reinforces the judicial control over institutional acts that affect fundamental procedural rights in arbitration and clarifies the São Paulo Court of Appeal’s stance on the distinction between jurisdictional and administrative acts in arbitration. Written by Renato Stephan Grion, partner at Pinheiro Neto Advogados, and Thiago Del Pozzo Zanelato, senior associate at Pinheiro Neto Advogados.

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