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ALTERNATIVE
DISPUTE RESOLUTION 2001 EDITION CHAPTER 23: INTERNATIONAL ARBITRATION AND MEDIATION© 2001 by Stephen E. Smith III. Drafting the International Arbitration AgreementG. [23.9] Entry of Judgment and General Purpose Institutional ClauseThese provisions indicate which court may enforce the arbitral award and suggest language for inclusion in a clause or submission agreement allowing for the appointment of an institution to conduct the arbitration.
H. [23.10] InterestThe seemingly simple question of interest is actually a very important one. For example, if the arbitration will occur or the award is intended to be enforced in a Moslem country, any amount denominated as interest will cause the award’s rejection as against the public policy of that nation.
I. [23.11] Intergovernmental OrganizationsThis provision in a clause or submission agreement deals principally with arbitration that involves United Nations entities. Accordingly, the reader is referred to the Permanent Court of Arbitration (PCA) booklet entitled BASIC DOCUMENTS OF THE PERMANENT COURT OF ARBITRATION (1998) in the event he or she becomes involved in such an arbitration.
Peter V. Baugher,
President |