The Arbitration Clause Or Arbitration Agreement
However, be careful not to define qualifications too narrowly, as there may be a lack of referees who are able or willing to accept an appointment. In addition, you should never indicate a designated person, as that person may not be able or willing to act if the dispute arises and the arbitration clause would not be applicable. Section 7 of the English Arbitration Act 1996 provides that, unless otherwise agreed, the arbitration clause is not considered invalid because the underlying contract has become inoperative. ICC Arbitration can be used as a forum for the final decision of a dispute after an attempt to resolve it by other means such as mediation. Parties wishing to include in their contracts a staggered dispute resolution clause combining ICC arbitration procedure and ICC mediation should refer to the ICC Model Rules of Mediation. In accordance with the informality of arbitration procedure, the law in England and Wales generally strives to maintain the validity of arbitration clauses, even if they do not have the normal formal language related to legal contracts. Among the clauses that have been maintained are: most institutions recommend standard use clauses when adopting their institutional rules. These are reviewed from time to time and so it is best to check the websites. We list the main institutions and provide links to their example clauses below. However, difficulties may arise if the applicable law of the treaty is different from the seat of the arbitration proceedings, for example. B applicable law in English, but the registered office is Paris. Under these conditions, disputes may arise as to the applicable law in the arbitration agreement. To avoid such disputes, it is advisable either to include in the arbitration agreement an applicable legal provision (if you want the applicable law of the arbitration agreement to be in conformity with the law of the seat) or to extend the contractual provision of the applicable law so that it also covers the arbitration agreement (if you want the applicable law of the contract to apply).
`Any disputes, controversies or claims relating to the constitution of a legal person [the name of a legal person as used in the Charter or any other governing document must be indicated] the management or participation of which, including disputes between the participants [shareholders, partners, members – the term must be chosen according to the organisational and legal form of a legal person] and the legal form Person himself, disputes involving persons who are or have been members of the management and control bodies of the legal person, as well as disputes concerning the claims of the participants in the context of the legal person`s relations with third parties are settled by arbitration procedure before the International Arbitral Tribunal of the Chamber of Commerce and Industry of the Russian Federation, in accordance with their applicable rules and rules. . . .