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The impact of the law of the chosen arbitral seat on any dispute are the arbitration statutes of the place of the arbitration sufficiently modern, or will
they hinder arbitration? Do they specifically exclude or limit the specific subject matter of the contract and resulting dispute? Might the law of the
arbitral seat create enforcement issues?
Which arbitral institution and corresponding arbitration rules are most appropriate for the transaction? If a party does not get its first choice, can it
suggest an acceptable alternative, in return for bargaining leverage on other important negotiated issues, such as governing law?
Is there a need for a multitiered dispute resolution clause? Should the parties first require settlement talks or mediation prior to initiating arbitration
proceedings? Should specific clauses of the contract be carved out for separate litigation or expertise procedures?
These are but a few of the many issues parties should consider during the drafting and negotiating stage. For a more detailed discussion, please
see Arbitration FAQ 5 (/internationalarbitrationfaq.html). If you have a specific question concerning the drafting or negotiating of arbitration clauses, fill
out the Arbitration Contact Form (/contactus.html) we will contact you back to discuss your query free of charge, with no further obligations on your part.
clause
(http://www.adr.org/aaa/faces/aoe/icdr/i_search/i_rule/i_rule_detail?
doc=ADRSTG_002008&_afrLoop=1276216826497633&_afrWindowMode=0&_afrWindowId=oyl8rmnfu_1#%40%3F_afrWindowId%3Doyl8rmnfu_1%26_afrLoop%3D12762168
state%3Doyl8rmnfu_57) reads:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration
administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.
Or, alternatively:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration
administered by the American Arbitration Association in accordance with its International Arbitration Rules.
The parties may wish to consider adding:
(a) "The number of arbitrators shall be (one or three)"
(b) "The place of arbitration shall be (city and/or country)" or
(c) "The language(s) of the arbitration shall be ________________."
Builder
Tool
(http://www.clausebuilder.org/cb/faces/index?
_afrLoop=1276686922492478&_afrWindowMode=0&_adf.ctrlstate=fqioyswol_4) that allows users to develop customized
The
AAA
also
includes
Clause
arbitration clauses.
thereof, shall be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration
Rules in force when the Notice of Arbitration is submitted in accordance with these Rules.
(https://icsid.worldbank.org/ICSID/FrontServlet?
The Government name of constituent subdivision or agency of name of Contracting State (here in after the Host State) and name
of investor (hereinafter the Investor) hereby consent to submit to the International Centre for Settlement of Investment Disputes
(hereinafter the Centre) any dispute arising out of or relating to this agreement for settlement by conciliation/arbitration/conciliation
followed, if the dispute remains unresolved within time limit of the communication of the report of the Conciliation Commission to the
parties, by arbitration pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other
States (here in after the Convention).
iccarbitrationclauses/standardiccarbitrationclausesinseverallanguages/) reads:
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the
International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
clause
(http://www.siac.org.sg/index.php?
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination,
shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore
International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in
this clause.
revised2010e.pdf) reads:
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 accordance with the UNCITRAL Arbitration Rules.
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