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Chapter 3 of the FAA (9 U.S.C. §§ 301-207) implements the Inter-American Convention on International Commercial Arbitration (the Panama Convention) into US law.

If all parties to an agreement agree explicitly or impliedly to the joining of third parties, there is no legal impediment. More often than not, obtaining agreement among parties becomes strenuous as a party might perceive itself to be in a disadvantaged position.

Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.

Principles of contract law – which vary based on the governing law – can force a non-signatory to participate in arbitration. In addition to these discussed above, assumption and incorporation sometimes are applied. Thus, it is possible to be compelled to arbitrate without having signed an arbitration agreement.

Patil has held that arbitration proceedings cannot be commenced against third parties who have not signed the Arbitration Agreement. The court observed that either the developer or the society, who has signed the Development Agreement can invoke the arbitration agreement in case of dispute.

A party has 90 days within which to refer that dispute to arbitration from the earlier of the date on which conciliation remains unresolved, or the 30-day conciliation period has expired.

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”.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

International arbitration is a method of dispute resolution where the parties agree to resolve their disputes before private arbitrators instead of a national court.