MEMORANDUM FOR CLAIMANT

Rheinische Friedrich-Wilhelms-Universität Bonn
II. The challenge to the jurisdiction of the Tribunal is to
be rejected
A. The Tribunal has authority to decide on its own jurisdiction pursuant to
Art. 16(1) Model Law
B. CLAIMANT and RESPONDENT concluded a valid arbitration
agreement
a. The parties agreed to refer any dispute arising out of the contract to
arbitration
b. This arbitration agreement meets the writing requirement according to Art.
7(2) Model Law
C. The parties chose validly the “German Institution of Arbitration” 9
a. CLAIMANT’s reference to an erroneously designated institution leaves
the validity of the arbitration clause unaffected
b. The parties intended to choose the “German Institution of Arbitration” 10
c. CLAIMANT can rely on the doctrine of ‘effet utile’ 11
d. Courts incline to give effect even to highly ambiguous arbitration clauses 12
e. The reference to the „German Arbitration Association“ belongs to the
category „erroneously designated institutions“
D. CLAIMANT and RESPONDENT concluded a valid arbitration
agreement, irrespective of the validity of the commercial contract
a. According to the doctrine of separability, the arbitration agreement is not
affected by the alleged invalidity of the commercial contract
b. The application of the doctrine of separability is not excluded since the
commercial contract is not void ab initio
c. The arbitration agreement itself does not suffer from any defects 15
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III