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1966规定统一仲裁法的欧洲公约(5)
www.110.com 2010-07-21 14:32


Article 2
1. An arbitration agreement shall be constituted by an instrument in writing signed by the parties or by other documents binding on the parties and showing their intention to have recourse to arbitration.
2. If, in an arbitration agreement, the parties have referred to a particular arbitration procedure, that procedure shall be deemed to be included in the agreement.
Article 3
An arbitration agreement shall not be valid if it gives one of the parties thereto a privileged position with regard to the appointment of the arbitrator or arbitrators.
Article 4
1. The judicial authority seized of a dispute which is the subject of an arbitration agreement shall, at the request of either party, declare that it has no jurisdiction, unless, in so far as concerns the dispute, the agreement is not valid or has terminated.
2. An application to the judicial authority for preservation or interim measures shall not be incompatible with an arbitration agreement and shall not imply a renunciation of the agreement.
Article 5
1. The arbitral tribunal shall be composed of an uneven number of arbitrators. There may be a sole arbitrator.
2. If the arbitration agreement provides for an even number of arbitrators an additional arbitrator shall be appointed.
3. If the parties have not settled the number of arbitrators in the arbitration agreement and do not agree on the number, the arbitral tribunal shall be composed of three arbitrators.
Article 6
The parties may, either in the arbitration agreement or subsequently thereto, appoint the sole arbitrator or the arbitrators or entrust the appointment to a third person. If the parties have not appointed the arbitrators and have not agreed on a method of appointment, each party shall, when the dispute arises, appoint an arbitrator or an equal number of arbitrators, as the case may be.
Article 7
1. The party who intends bringing a dispute before an arbitral tribunal shall give notice to the other party. The notice shall refer to the arbitration agreement and specify the subject matter of the dispute, unless the arbitration agreement already does so.

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