ad hoc arbitration clause sample
Ad hoc arbitration is more flexible than administered arbitration as the arbitral framework is based on party autonomy rather than institutional rules. The number or arbitrators shall be (one or three); 2. The Indian Council of Arbitration recommends to all parties desirous of making reference to arbitration by the Indian Council of Arbitration, the use of the following arbitration clause in writing in their contracts "Any dispute or difference whatsoever arising between Model Clause for ad hoc Arbitration under the Arbitration Act 1996. The arbitration shall be conducted by one or more arbitrators selected by the parties from HMA panel of arbitrators, or, if they are unable to agree on the selection, by one or more arbitrators appointed by HMA. Any award or procedural decision of the tribunal shall if necessary be made by a majority and, in the event that no majority may be formed, the presiding arbitrator shall proceed as if he were a sole arbitrator.9. The Emergency Arbitrator Provisions shall not apply.”CPR Rules for Administered Arbitration of International Disputes:“Any dispute arising out of or relating to this contract, including the breach, termination or validity thereof, shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Administered Arbitration of International Disputes by [a sole arbitrator] [three arbitrators, of whom each party shall designate one, with the third arbitrator to be appointed by CPR] [three arbitrators, of whom each party shall designate one, with the third arbitrator to be designated by the two party- appointed arbitrators] [three arbitrators to be appointed in accordance with the screened appointment procedure provided in Rule 5.4] [three arbitrators, none of whom shall be designated by either party]. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. For links to a broad range of model arbitration clauses from leading, and less well-known, arbitral institutions and industry bodies, see Practice Note: Model arbitration clauses.Note that in all cases the exact words set out below do not have to be used to provide for ad hoc arbitration or arbitration under
Also provided below are two sample clauses providing for ad hoc arbitration in Atlanta.The Atlanta International Arbitration Society (AtlAS) does not administer arbitration proceedings or offer a set of arbitration rules.
Ad hoc arbitration on the other hand is attractive to many because of its inherent flexibility. But when parties are in dispute, the chances of … The arbitral award is final and binding upon both parties.”“All disputes arising in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law.“Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by binding arbitration administered by Henning Mediation & Arbitration Service, Inc. (HMA) in accordance with its rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Institutional or ad hoc. The procedure shall be as agreed by the parties or, in default of agreement, as determined by the tribunal.
The language to be used in the arbitral proceedings will be [language]. The arbitration hearing and all proceedings in connection therewith shall take place in Atlanta, Georgia. x��Z[�9�Ҭ�]���n���~y�DBAڄ����0�9��2s���~/ewۮ�Sg�d�C��6��]�~. Navigate the law quickly and efficiently with LexisImagine being able to quickly find up-to-date guidance on points of law and then easily pull up sources to support your advice. The dispute, controversy or claim shall be decided in accordance with the law of [specify jurisdiction].”An ad hoc arbitration is one not administered by an institution (for example, the ICDR, ICC or JAMS). When a vacancy is filled the newly established tribunal shall exercise its discretion to determine whether any hearings shall be repeated.4. A form of arbitration where the parties and the arbitrators independently determine the procedure, without the involvement of an arbitral institution. The party initiating recourse to arbitration (hereinafter referred to as “the claimant”) shall give to the other party (hereinafter referred to as “the respondent”) a notice of arbitration, which notice shall include:(i) a demand that the matter be referred to arbitration;(iv) a description of the nature and circumstances of the dispute giving rise to the claim(s) and a statement of the relief sought including, so far is possible, an indication of any amount(s) claimed.3. Note that in all cases the exact words set out below do not have to be used to provide for ad hoc arbitration or arbitration under However, the following procedural matters shall in any event be taken as agreed:(i) the language of the arbitration shall be … [language];(ii) the tribunal may in its discretion hold a hearing and make an award in relation to any preliminary issue at the request of either party and shall do so at the joint request of both parties;(iii) the tribunal shall hold a hearing, or hearings, relating to substantive issues unless the parties agree otherwise in writing;(iv) the tribunal’s award shall be final and binding on the parties.
The Tribunal will consist of [three arbitrators/one arbitrator].
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