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drafted clause will mitigate disputes risk Introduction. Scope of the arbitration agreement. Seat of the arbitration. Governing law of the arbitration agreement. Choice of rules. Language. Number and appointment of arbitrators. Specifying arbitrator characteristics.
Except for court-ordered arbitration, arbitration occurs when two parties agree to it before or after a legal dispute arises. For this reason, agreements to arbitrate disputes appear in a written contract agreed to by both parties. This doesn't mean agreements to arbitrate are rare.
The Arbitration Agreement All and any disputes or differences arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof shall be finally settled by arbitration. In ance with the [UNCITRAL] Arbitration Rules. The number of arbitrators shall be [one/three].
For an arbitration agreement to be valid, it must apply equally to both the employer and the employee ? both must be agree and be bound by the agreement that all claims are to be arbitrated.
The arbitration process is similar to the proceedings in a court case: the parties may have lawyers, they exchange information, and there is a hearing where they question witnesses and present their cases. After the hearing, the arbitrator will make a decision.
To draft a valid arbitration agreement, parties should also be conscious of the requirements imposed on specific parties or the inarbitrability of certain disputes. Some countries may impose requirements such as a formal authorisation for State entities to enter into arbitration agreements.
Even if you don't currently have a dispute with the company, it is a good idea to opt out of the forced arbitration clause to preserve your options. You can always agree later to use an arbitrator to resolve any dispute. Moreover, if you have opted out, you will have more negotiating power if there is a problem.
?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.?