Pre-Arbitration Agreement Meaning

U.S. Secretary of State William Jennings Bryan (1913-1915) worked vigorously to promote international arbitration agreements, but his efforts were thwarted by the outbreak of World War I. Bryan negotiated 28 treaties that promised to settle disputes before the war between the signatory states and the United States broke out. He made several attempts to negotiate a contract with Germany, but ultimately never succeeded. The agreements, officially known as “peace-promoting treaties,” provide for conciliation procedures rather than arbitration. [33] Arbitration treaties were negotiated after the war, but attracted far less attention than the negotiating mechanism created by the League of Nations. One of the most important information in a press release that invites you to a conflict forum is the type of process you will participate in. This may be a conciliation, arbitration or arbitration procedure. If it is a conciliation or arbitration procedure, it means that you have to prepare your case very carefully. This is because you can expect to have to attend a court hearing, where you must present your evidence and try to counter your opponent`s evidence.

One of the many facets of your preparation could be to participate in a pre-arbitration meeting with your opponent. For this reason, it is difficult to determine with certainty whether the pre-report procedures are applicable. However, a reasonable approach based on the basis (with the exception of the delhi High Court decisions) that courts in India are likely to arbitrate arbitration clauses and give effect to the language of the clause. However, the courts have not explicitly considered this issue (conditions of arbitration) as a matter of “receivability” or “case law” or “procedure”. The distinction between these concepts was discussed here in Professor Jan Paulsson`s article and professor Gary Born`s article. Recently, at Oriental Insurance Company and United India Insurance Co. Ltd., SCI considered that arbitration clauses should be interpreted in a “strict” manner, so it is necessary to complete the “preconditions” for arbitration proceedings. In these cases, disputes arise from certain insurance rights.

Arbitration clauses stipulate that disputes cannot be referred to arbitration if the insurance company has challenged its liability under the current policy. United India Insurance Co. Ltd.`s SCI found that the arbitration agreement was “guaranteed by conditionality” and that non-compliance with the “condition” rendered the litigation “untreatable.” Although the existence of an arbitration agreement was not disputed, the SCI found that the arbitration agreement could be “activated” or “inflamed” on precondition competition, and the same thing was “sine qua non for the triggering of the compromise clause”. Recently, the Bombay High Court in its decision entitled Quick Heal Technologies Limited Vs.NCS Computech Private Limited and Ors.1 , while the decision on an application for appointment of the single arbitrator (Petitio) in accordance with Section 11 (6) of the Arbitration and Conciliation Act, 1996 (Law) had the opportunity to decide the nature of such a pre-decision clause and to consider whether a compromise clause providing discretion to the parties to argue arbitration , the arbitration clause would be considered a compromise clause. The verdict was delivered by a single bank of judges of Kathawalla J.A., in which he interpreted the wording of the dispute settlement clause in question and therefore rejected the petition in light of his submissions. To the extent that the parties have contractually agreed to exhaust such alternative means before a right of appeal is adjudicated, as a general rule, the arbitral tribunal should conclude that the arbitration process was initiated prematurely and in violation of the party agreement.