Arbitration Contract Example
In international arbitration, the common practice is that statements are not admissible. However, it also applies in international arbitration proceedings that the written statements of witnesses are generally used instead of the direct oral statements of witnesses and that those written statements are exchanged well before the oral proceedings in the main proceedings. This procedure can go a long way to avoid any need for instructions. In domestic commercial arbitration, the limited number of key witness testimonies can significantly shorten cross-examination and shorten trial on the merits. For this reason, Rule 17(a) of JAMS Full Arbitration provides that either party may make a statement from another party and request to make additional statements if deemed necessary. However, if not carefully controlled, statements in domestic arbitration can become extremely costly, unnecessary and time-consuming. The following wording in a dispute settlement clause of a national agreement may allow the parties to take advantage of the statements while keeping them well under control: the specification of arbitrators` qualifications often works best in the context of a panel of three arbitrators, as it is possible in this environment to require one of the panelists to have some technical expertise, without restricting the entire panel to such a narrow area. of experience. This ensures that the desired technical expertise is represented on the panel while ensuring that the panel chair has extensive experience throughout the arbitration process. In addition, there are standard arbitration clauses for expedited procedures and corporate disputes. In today`s highly competitive market, most companies can`t afford or don`t want to afford the time, cost, and negative business consequences of traditional litigation. Unfortunately, there is a risk of conflict in every business relationship through contractual agreements or business processes. When such conflicts arise, there is no need to bear the costs and costly delays associated with traditional litigation.
There are readily available alternative dispute resolution procedures that allow you to resolve your disputes relatively quickly, fairly and at a lower cost. Alternative Dispute Resolution (ADR) allows parties to adapt their dispute resolution process. Parties can include the standard arbitration or mediation clause in their contract and further adjust their clause with options that control time and cost. Any dispute, controversy or claim arising out of or relating to this Agreement, including the establishment, interpretation, breach or termination of this Agreement, including whether the claims invoked are subject to arbitration, shall be submitted and finally resolved by arbitration in accordance with the Jams International Arbitration Rules. The tribunal shall be composed of [three arbitrators/one arbitrator]. The place of arbitration is [place]. The language to be used in arbitration is [language]. The judgment on the arbitral award of the arbitrator(s) may be entered in any court of competent jurisdiction. Ad hoc arbitration is an arbitration that is not administered by an institution (for example. B, ICDR, CCI or JAMS). The parties must therefore make their own arrangements regarding the selection of arbitrators, arbitration, administrative support and other aspects of arbitration.
Parties acting on an ad hoc basis often incorporate the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) into their agreement. Below are two examples of clauses, one of which contains the UNCITRAL Arbitration Rules and the other does not. Parties are not advised to create an ad hoc arbitration clause without the advice of an experienced lawyer. ICC arbitration can be used as a forum for the final decision of a dispute after an attempt to resolve it through other means such as mediation. Parties wishing to include in their contracts a multi-level dispute resolution clause combining ICC arbitration and ICC mediation should refer to the MODEL CLAUSES of the ICC Mediation Rules. In Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University, 489 U.S. 468 (1989), U.S. The Supreme Court has ruled that the Federal Arbitration Act („FAA“) does not prejudge the California Arbitration Act in an intergovernmental dispute in which the parties have agreed that their contract is governed by California law. Thus, if the parties want to ensure that the FAA is enforceable regardless of the law they have established for substantive matters, the arbitration clause should provide the following: The parties may also want to state in the arbitration clause: Companies increasingly recognize that the diverse workforce achieves better results, and many have strong initiatives to promote gender inclusion. ethnic origin and sexual orientation.
The parties may choose to include diversity as a consideration when selecting an arbitrator or arbitration panel. The following clause, which is based on the promise of „equal representation in arbitration“, aims to promote diversity while recognizing that other qualifications are also important when choosing an arbitrator. „Any dispute arising out of or in connection with this Agreement shall be submitted to the China Commission of International Economic and Commercial Arbitration (CIETAC) for arbitration, which shall be conducted in accordance with the CIETAC Arbitration Rules in force at the time arbitration is requested. The award is final and binding on both parties. » Binding Arbitration: All claims and disputes arising out of or in connection with this Agreement shall be resolved by binding arbitration. The arbitration will be conducted by Arbitration Resolution Services, Inc. (ARS) and the parties will be bound by all ARS rules and all arbitration awards/decisions rendered. For ARS rules, see www.arbresolutions.com. Any decision or award resulting from such arbitration must be made in writing and an explanation of all decisions. Such arbitration shall be conducted by an arbitrator who has experience in [insert industry or legal experience for arbitrators] and shall include a written record of the arbitration hearing […].