The parties can avoid unnecessary procedural complications and possible issues related to applicable material law by considering whether and to what extent the conditions of Orgalime and/or the ICSG should apply to their international transaction at the time of the conclusion of the contract. As is often the case where arbitration agreements are not all generally accepted important conditions (e.g., applicable rules, place of arbitration, number of arbitrators and language of arbitration), once a dispute arises, it can be difficult to reach consensus on such issues. If the terms of Orgalime or THE ICSG can apply to an international transaction, the parties would be well advised to deal with these matters from the outset, or at least in the event of a dispute. Orgalime`s conditions (general conditions for the supply of mechanical, electrical and electronic products, S 2000) are often taken up by parties to international sales. Acceptance of the Orgalime`s terms includes the agreement of the parties to apply the material law of the supplier`s country and to settle disputes according to the Arbitration Regulation of the International Chamber of Commerce (ICC). These transactions may also be subject to the United Nations Convention on International Goods Contracts (ICSG). Companies wishing to join an electronic version of Orgalim`s Terms and Conditions when sending offers and contracts to their customers and suppliers must enter into a special licensing agreement with Orgalim. These licensing agreements can be obtained through our licensing website. You can order hard copies from your local professional organization – you`ll find all the details here. (4) www.orgalime.org/publication/s-2012-general-conditions-supply-mechanical-electrical-and-electronic-products-ex-s-2000.
For each publication, there is a fixed price based on the number of language versions. Please see price lists for members and non-members. Companies that are members of one of our member associations receive a 50% discount. You can check out our www.orgalime.org/page/national-associations members page with a list of all our member associations. By clicking on the link of the member associations of your country, you go to their website where you can apply for membership. In order to limit unnecessary procedural disputes, which are inevitably costly and cause delays, the parties should address important conditions for arbitration agreements that are not included in Article 46 of the Orgalime conditions, including the place of arbitration, the number of arbitrators (and the constitution of the court in general) and the language of arbitration, at the time of the conclusion of a contract containing the conditions of legal. Parties, including corporate consultants, dealing with these issues would benefit from consultation with the experienced arbitration law, particularly following litigation. The same applies to arbitration-specific issues. The arbitration agreement under the terms of organization does not contain the parties` agreement on three generally accepted important conditions: the place of arbitration, the number of arbitrators and the language of arbitration. Each of them should create differences of opinion between the parties to the dispute, resulting almost without exception in wasted time and extra costs. Although the ICC`s arbitration settlement provides for a dispute resolution mechanism for these issues (for example.B. the ICC court will determine the location of arbitration if the parties have not agreed), the parties can (8) avoid them completely by addressing these issues in their contract for acceptance of the legal terms.
For example, the parties might speak as: „The parties agree that section 46 of Orgalime`s terms is amended to conclude that the place of arbitration is [X], the number of arbitrators is [Y] and the language of arbitration is [Z].“ (9) The non-designation of the place of arbitration is potentially the most problematic omission, since the place of arbitration is not only the place where the proceedings can take place physically (10), but designates the applicable right of arbitration and the competent courts for arbitration.