Disputes relating to rights and liabilities which arise out of or give rise to criminal offences. Matters of guardianship. Matrimonial disputes such as divorce, judicial separation, restitution of conjugal rights and child custody. Winding up and insolvency.
Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
Minimum Content of the Arbitration Agreement As mentioned above, the arbitration agreement must identify the parties, the existing or future dispute(s) andthe legal relationship (contractual or non-contractual) out of which the dispute(s) arose or might arise.
"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.
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.
In this article, we explain how to draft an arbitration agreement which is both effective and adapted to the needs of the parties. Clear and precise language. Scope. Seat of arbitration. Governing law. Arbitral Rules. Language. Arbitrators. Other common issues.
Standard Arbitration Clause Options Number of arbitrators. Arbitrators Qualifications. Locale Provisions. Governing Law. Discovery. Documents-Only Hearing. Duration of Arbitration Proceedings. Remedies.
The agreement must be in writing: The agreement must be in writing, either in the form of a separate agreement or as a clause within a larger contract. The agreement must be signed by the parties: The agreement must be signed by the parties or their authorized representatives.
The three pillars of international arbitration: The New York Convention, UNCITRAL Arbitration Rules, and UNCITRAL Model Law (the history, scope and application of these instruments in international arbitration)