Case Report (free download)
Case Report by Inaê Siqueira de Oliveira, Editor Diego Luis Alonso Massa
Claimant requested arbitration based on drafts of a Port Concession Agreement and of a Surface Agreement. Respondents objected to the jurisdiction of the ad hoc arbitral tribunal alleging, inter alia, lack of a binding arbitration agreement. The arbitral tribunal, relying on the criteria used by the Swiss Federal Tribunal in the 2016 decision 4A_84/2015, decided it did not have jurisdiction over the dispute because the parties had not agreed to arbitrate during the exchange of drafts.
Whether there is a binding arbitration agreement regardless of the conclusion of the underlying contract.
Case report provided by International Arbitration Case Law (IACL)
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