This form is an Arbitration Reference Clause usable to compel arbitration in contracts where licensing, patents, or commercial trade secrets are a factor.
Delaware Arbitration Reference Clause
State:
Multi-State
Control #:
US-TS10042A
Format:
Word;
PDF;
Rich Text
Instant download
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FAQ
Parties can become involved in the arbitration process in one of three ways: judicial arbitration, contractual arbitration or by stipulation. Judicial arbitration is a statutory procedure (Code of Civil Procedure §§1141.10, et seq.) by which certain types of cases are directed to nonbinding arbitration before trial.
An existing dispute can be referred to arbitration by means of a submission agreement between the parties. In contrast to mediation, a party cannot unilaterally withdraw from arbitration. Under the WIPO Arbitration Rules, the parties can select a sole arbitrator together.
Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties.
The parties shall be entitled to be represented by legal counsel at any arbitration proceeding. The parties acknowledge and agree that each party will bear fifty percent (50%) of the cost of the arbitration proceeding. The parties shall be responsible for paying their own attorneys' fees and other costs, if any.
In any event, the takeaway is that when an arbitration clause is to be incorporated by reference, the principal contract should expressly state that fact in order to assure that the arbitration provision will be given full effect.
Evidence filed in the written process may include exhibits, witness statements, expert reports, audio and video files. Such evidence must be filed together with the submission to which it relates (Arbitration Rule 5).
The Terms of Reference are a contractual instrument signed by the parties and the arbitrators after the arbitral tribunal is constituted. Its main objective is to define the dispute in a clear manner and to evidence the agreement of the parties in regard to procedural matters.
Essentials of an Arbitration Agreement Presence of a Dispute. ... Written Agreement. ... The intention of the Parties. ... Signatures of the Parties. ... Seat of Arbitration. ... Procedure for Appointing Arbitrators. ... Language. ... Number and Qualifications of Arbitrators.
