Interpretation of Arbitration for International Disputes

Part 3, Title 9.3, Chapter 1, Article 2 deals with the interpretation of arbitration used in international commercial disputes.

Section 1297.20 provides that, in the application of this title, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith. Questions concerning matters governed by this title that are not expressly settled in it are to be settled in conformity with the general principles embodied in this title.

Section 1297.21 defines the following terms “arbitral award,” “arbitral tribunal,” “arbitration,” “conciliation,” “chief justice,” “court,” “party,” “superior court,” and “supreme court.”

Section 1297.22 states that where a provision of this title leaves the parties free to determine a certain issue, that freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.

Section 1297.23 specifies that, where a provision of this title refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the parties, that agreement is deemed to include any arbitration or conciliation rules referred to in that agreement.

Section 1297.24 provides that, where this title refers to a claim, it also applies to a counterclaim, and where it refers to a defense, it also applies to a defense to that counterclaim.