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Abstract

Arbitration agreement plays a vital role in arbitral proceedings, because the absence of arbitration agreement will lead to the invalidity of arbitral proceedings. Firstly, arbitration agreement figures out the name and type of the arbitration mechanism, then it clarifies parties’ requirements relating to the arbitration procedure including substantive law for the merit, procedural law for the arbitration proceedings, language of arbitration, number of arbitrators in the tribunal, locality of arbitration etc. In its essence, arbitration agreement not only describes the parties’ autonomy but also serves as a service contract (service contract on dispute resolution), accordingly arbitration organ will supply service on dispute resolution for parties. Unlike normal service contracts, autonomies of parties in service contract on dispute resolution, which indicates that arbitration organ is the service supplier, are established in two divergent stages. In the event of specific circumstances, although arbitration agreement has validity, the arbitration organ can refuse to become a service supplier.



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Article Details

Issue: Vol 2 No 1 (2018)
Page No.: 58-65
Published: Dec 28, 2018
Section: Review
DOI: https://doi.org/10.32508/stdjelm.v2i1.502

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Creative Commons License

Copyright: The Authors. This is an open access article distributed under the terms of the Creative Commons Attribution License CC-BY 4.0., which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

 How to Cite
Thien, L. N. G., & Gia Thuan, L. N. (2018). Arbitration agreement or service contract on dispute resolution. Science & Technology Development Journal: Economics- Law & Management, 2(1), 58-65. https://doi.org/https://doi.org/10.32508/stdjelm.v2i1.502

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