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General Requirements for Arbitration Clauses Scope of the Clause: This section of the clause is crucial since it defines the kind of issues that can be referred to Arbitration. Clarity is required because an award issued on matters outside the scope of the provision will be unenforceable.

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.

Disadvantages Questionable Fairness. Mandatory arbitration. Finality: No appeals. While this may be a positive if you find the arbitration decision favorable, you should be aware that if arbitration is binding, both sides give up their right to an appeal. Can be more expensive. Unpredictability: Unconventional outcomes.

A Notice of Request to Arbitrate must contain: the name, place of business (if any), and mailing address, telephone number, fax number, and email address of each party to the dispute if known; an address, fax number (if any), and email address (if any) for delivery of Documents to the claimant;

The parties should consider adding: “The number of arbitrators shall be (one or three)”; • “The place of arbitration shall be city, (province or state), country”; • “The language(s) of the arbitration shall be ___.” The model negotiation-arbitration clause above provides a single negotiation “step”.

The Court may order an action dismissed, sua sponte, upon notice of the Court, for failure of a party diligently to prosecute the action, for failure to comply with any rule, statute, or order of the Court, or for any other reason deemed by the Court to be appropriate.

The Parties shall confer and select an arbitrator within twenty (20) days of the filing of the close of all initial pleadings by the parties. Unless otherwise ordered by the Court, if an arbitrator is not selected within twenty (20) days, the parties may not utilize arbitration under this rule.

Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.

(A) A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court. The motion must be served on all parties and must show that the certiorari petition would present a substantial question and that there is good cause for a stay.