Under that article, the Arbitrators will apply the law designated as the proper law by the rule of conflicts which they deem appropriate.
(The writer is the Senior Partner of Loo & Partners. He qualified as a Barrister-at-Law at Lincoln's Inn, London, and obtained his Master of Laws from London University. Mr. Loo is also a fellow of the Chartered Institute of Arbitrators, London.)
Arbitrators were not amused, ruling that unwary consumers might confuse these sites with the trademark holders' own.
The contract contains no provisions regarding the substantive law. Accordingly that law has to be determined by the Arbitrators in accordance with Art. 13 (3) of the ICC rules.
Arbitrators must fulfil one of the following conditions.
If the amount in dispute is not quantified, the Arbitrators' fees and the Chambers' Administrative costs shall be fixed by the arbitral tribunal, taking into account all relevant circumstances.
He is qualified to practise law in Singapore and in England. He is also a Fellow of the Chartered Institute of Arbitrators, UK.
He is also an accredited maritime arbitrator in these jurisdictions and a director of the Vancouver Maritime Arbitrators Association.
(The writer, a British Barrister-at-Law and a fellow of the Chartered Institute of Arbitrators, London, is the Senior Partner of Loo & Partners.
Arbitrators' Symposium of the London Court of International Arbitration
London Maritime Arbitrators Association
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