Publication details
Článek II odst. 2 Newyorské úmluvy - jednotné pravidlo nebo maximální standard?
| Title in English | Article II(2) of the New York Convention - Uniform Rule or Maximal Standard? |
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| Authors | |
| Year of publication | 2013 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | Even though the form of arbitration agreement is usually regulated by national legal orders the regulation of form in Article II of the New York Convention plays the key role in international commercial arbitration. The ways of communication have significantly changed since the New York Convention has come into existence. This is also reflected in the form of arbitration agreements. The text of Article II of the New York Convention has not been changed. On the other hand national regulations contain less strict formal requirements than the New York Convention. This trend has been also confirmed by the amendment of the UNCITRAL Model Law on International Commercial Arbitration. What is relation between the Article II(2) and national regulations of form? Is Article II(2) truly unified rule or is it only maximum standard? The aim of this chapter is to analyze the nature of the rule contained in the Article II(2) and its relation to national regulations. |
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