Slide photo in the Arbitration Agreement

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How to Slide photo in the Arbitration Agreement

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hello and welcome my name is jeremy glover and its my pleasure to welcome you to our latest fennec elliot webinar this week were taking a practical look at arbitration agreements and remember arbitration works in both the domestic and international context so well be looking at the essential elements that go into making up the agreement in other words what you need to do to make sure and get things right joining us this week are two of my colleagues at fennec elliott senior associate katherine butler and olivia liang ive been working with both of them on arbitration matters over the past year or so and therefore i know firsthand that they are perfectly equipped to discuss the topics at issue you know they know what theyre talking about so before i hand over to them just a reminder youre all on mute please do send in any questions and you should be able to find these slides on our website later in the week we may even try and put a link in the chat during the webinar but catherine

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What are some of the considerations when drafting an arbitration clause for a business?

An arbitration clause should clearly set forth (1) whether the submission of a dispute to arbitration is mandatory or optional, (2) what disputes will be arbitrated, (3) whether a court or arbitrator will decide whether the arbitration agreement is enforceable, (4) the rules that will govern the arbitration, (5)

What conditions are required for the validity of an arbitration agreement?

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.

What are the requirements for arbitration agreement writing?

The arbitration agreement must be written. There must be a knowing and voluntary waiver of the right to sue in court. Proceeding to compel ADR. Questions of arbitrability. Review of denial of a motion to stay. Unconscionability. Substantive and procedural arbitrability. Factors considered by the courts regarding arbitrability.

What are the contents of arbitration agreement?

(2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. (3) An arbitration agreement shall be in writing. (c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.

What is the meaning of Predispute?

401. Definitions. In this chapter: (1) Predispute arbitration agreement . -The term predispute arbitration agreement means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement.

What care must be taken while drafting an arbitration agreement?

Parties must beforehand agree the process for appointment of the arbitrator, whether it will be unilateral or both parties with joint consensus and understanding appoint the arbitrator, further number of arbitrators must also be pre - decided to reduce conflict.

What are the requirements for an issue to proceed to arbitration?

The issues for determination must be identified these can be issues of fact, law or quantum. It is not unusual for one party to contest the tribunals jurisdiction to decide part or all of a particular issue. The process and timetable must be decided these will be worked out between the parties and the tribunal.

What are the conditions of a valid arbitration agreement?

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.

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