3.01 An agreement by the parties to submit disputes to arbitration is the starting point, indeed the sine qua non, for any commercial arbitration today. Without a valid arbitration agreement there can be no valid arbitration. As will be discussed below, without a valid arbitration agreement, the dispute may end up in court, rather than before a tribunal of arbitrators. Also, at the other end of the arbitration process, lack of a valid arbitration agreement may lead to the setting aside of an arbitral award and to refusal of enforcement of the award. 3.02...
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