Arbitration agreement concluded after the dispute has arisen

An arbitral agreement is an agreement at the time of the dispute, decided by arbitration.

First, the jurisdiction of the CAS would result from an arbitration agreement concluded by the parties.

Also, the jurisdiction would in any event result from the arbitration clause binding the parties.

Subject to the terms of Amtrak’s Mutual Agreement to Arbitrate, we reserve the right at any time to:

On September 22, 2006, the parties signed an “Arbitration Agreement” (compromis arbitral), the preamble of which referred to the aforesaid document.

Thus, the Arbitrator’s jurisdiction would have required entering into an ad hoc arbitration agreement, according to the Appellant.

In arbitration agreements, States may determine the terms of the arbitration, the arbitrator is a body of the parties to the dispute that can appoint persons who will function as an arbitral tribunal and render their judgment.

Subject to the condition that the arbitral agreement or the arbitration clause mentioned in Article 1 of this Protocol should be limited to contracts which are considered as commercial by the Brazilian legislation.

If, however, the case concerns the private good of the parties, the judge should find out whether it can profitably be resolved through a negotiated settlement or through an arbitrated compromise.

Subject to the condition that the arbitral agreement or the arbitration clause mentioned in Article 1 of this Protocol should be limited to contracts which are considered as commercial by the Brazilian legislation.