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Commonly Asked Questions about Arbitration Agreement Templates

Example 1. Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of [insert state in which parties agree to arbitrate] or another location mutually agreeable to the parties.
First, any valid arbitration agreement must reflect the conscious, mutual and free will of the parties to resort to arbitration and not to other means of dispute resolution, including State courts. The consent of both parties to submit their dispute to arbitration is the cornerstone of arbitration.
An arbitration clause forms the basis of the consent between investors and States that certain disputes are to be determined by arbitration. This consent is what gives rise to the jurisdiction of the arbitral tribunal.
ing to Section 7(3) of the Arbitration and Conciliation Act 1996, every agreement pertaining to resolution of disputes via the mechanism of arbitration must be in written form and include signature of parties, be it in form of exchange of letters, fax or other electronic form of mail.
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].
Always keep it simple. Complex clauses lead to uncertainty, which lead to disputes and which result in delay and additional costs to the parties. Choose a convenient venue. It does not have to be the same place as the seat although it is more convenient to have the seat and venue in the same place.
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.