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CS Professional · Arbitration, Mediation and Conciliation · International Law of Arbitration

Mehta Infra Pvt Ltd (India) and Brightway Inc (USA) are in an ICC-administered arbitration seated in Chennai, with ICC Rules referred to in their agreement. Which provision of Section 2 supports applying those institutional rules as the parties' agreement?

Section 2(8) supports it. Where Part I refers to an agreement of the parties, that agreement includes any arbitration rules referred to in it, so the ICC Rules form part of the parties' agreement. Section 2(1)(a) covers both institutional and ad hoc arbitration.

  1. ASection 2(1)(a): arbitration must be administered by a permanent arbitral institution
  2. BSection 2(7): all awards are foreign awards
  3. CSection 2(8): an agreement of the parties includes any arbitration rules referred to in that agreementCorrect
  4. DSection 2(3): the Part does not affect other laws

Explanation

Section 2(8) states that where Part I refers to an agreement of the parties, that agreement includes any arbitration rules referred to in the agreement. Section 2(1)(a) says arbitration is covered whether or not administered by a permanent institution, so it does not require one. Section 2(7) says an award made under Part I is a domestic award.

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