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The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.

To draft a valid arbitration agreement, parties should also be conscious of the requirements imposed on specific parties or the inarbitrability of certain disputes. Some countries may impose requirements such as a formal authorisation for State entities to enter into arbitration agreements.

The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.

Example 1. Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of insert state in which parties agree to arbitrate or another location mutually agreeable to the parties.

Drafting the ?perfect? arbitration agreement Clear and precise language. Clarity and brevity are key to avoiding an unenforceable arbitration clause and the costs and delays that follow. Scope. Seat of arbitration. Governing law. Arbitral Rules. Language. Arbitrators. Other common issues.

Commencing the Virtual Hearing The Host has access to additional functions such as recording and managing participants, the breakout rooms, and the waiting room. If an arbitrator is comfortable with running the virtual hearing and wishes to do so, the Panel may designate that arbitrator as the Host.

If a court finds any evidence of substantive unconscionability, it will deem the agreement unenforceable. It does not take more than a low level of substantive unconscionability for the agreement to be thrown out.

If parties intend that their party-appointed arbitrators serve in a non-neutral capacity, this should be clearly stated within their clause. The arbitration clause can also specify by name the individual whom the parties want as their arbitrator.

A contract of adhesion is a one-sided agreement (in either its terms or the parties' bargaining power) that so offends the normal standards of commerce that it is unconscionable. This attempt rarely succeeds. As a general rule, only strong evidence of duress or fraud are sufficient to invalidate an arbitration clause.