Some potential consequences may include: Breach of Contract: If arbitration is a contractual requirement and one party refuses to participate, they may be in breach of the contract. The non-complying party may be held liable for damages resulting from the breach.
So do you want an arbitration clause in your contract? If you're a large corporation, you do. If you're contracting with someone around your own size, it's probably a good idea to have an arbitration clause because of the decreased attorney fees usually associated with arbitrations as compared to court cases.
If you include an arbitration clause in your contract, you might want to specify the rules for the arbitration proceeding. You can be vague in your rules. For example, you can simply say that the arbitration is: binding.
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.
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.
Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.
If you include an arbitration clause in your contract, you might want to specify the rules for the arbitration proceeding. You can be vague in your rules. For example, you can simply say that the arbitration is: binding.
"A dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one/three. The seat, or legal place, of arbitration shall be City and/or Country.
If you value the ability to sue and have your case heard in court, opting out may be the right choice. However, if you prefer a potentially quicker and less costly resolution process, staying in the arbitration program might be more beneficial.