What is an arbitration agreement? It's typically a clause in a broader contract in which you agree to settle out of court, through arbitration cases, any dispute that arises with your counterpart.
“Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in ance with the UNCITRAL Arbitration Rules as at present in force.”
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.
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.
What is an arbitration agreement? It's typically a clause in a broader contract in which you agree to settle out of court, through arbitration cases, any dispute that arises with your counterpart.
As a form of alternative dispute resolution, arbitration proceedings can either be binding or non-binding. The former means that the decision is final and enforceable. The latter means that the arbitrator's ruling is advisory and can only be applied if both parties agree to it.
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.
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.
Standard Arbitration Clause Options Number of arbitrators. Arbitrators Qualifications. Locale Provisions. Governing Law. Discovery. Documents-Only Hearing. Duration of Arbitration Proceedings. Remedies.