Sample Arbitration Submission Agreement

Note: It`s always a good idea to provide a number of rules that govern arbitration! Be careful, however, to familiarize yourself with the rules chosen. Many trade agreements now include an arbitration clause. The clause regulates the method of settlement of possible future disputes. As a rule, these are standard clauses provided by the institution, which the parties have agreed to use to manage the future dispute. Such clauses should include at least details concerning (a) the arbitration rules governing the proceedings and, where applicable, the body responsible for managing the proceedings; the seat or jurisdiction of the arbitration, the number of arbitrators and the language of the arbitration. We, the signatory parties, hereby agree that the following dispute shall be decided by arbitration and finally decided, in accordance with the WIPO Arbitration Rules: a clause that is not in one of these areas may be inoperative or allow the other party to delay the proceedings, while the ambiguity is resolved. For example, if the clause does not indicate the number of arbitrators and no agreement is reached on such an issue, this must be defined by the institution managing the arbitration or, if the parties have not agreed on an institution, by the courts of the seat. If you ask for help from national courts, it can waste a lot of time and money. In a case dealt with by Al Tamimi & Company in Abu Dhabi, the complainant appealed to the national court to request the appointment of a sole arbitrator and the Tribunal issued a judgment appointing an individual arbitrator in accordance with the arbitration clause referred to in the disputed agreement. The STI agreement stated that the arbitrator should be an arbitrator to be agreed to by the parties. The parties should determine the scope of the bidding agreement by providing a brief description of the dispute. .

. . and all disputes regarding the scope or terms of this Agreement shall be subject to arbitration. . . . Arbitration is rendered by the American Arbitration Association, in accordance with its commercial [or other] arbitration rules in major/complex disputes: “,. .

. supplemented by the AAA`s complex large commercial litigation procedures” [or similar complementary rules from another supplier organization] [and, if desired:”. and the AAA`s optional rules for emergency protection measures” [or similar complementary rules from another vendor organization]. However, UAE law is not. Article 203(3) of the Civil Procedure Act of the United Arab Emirates stipulates that the subject matter of the dispute must be defined in an arbitration clause or during the examination of the claim, and Article 216(1)(a) provides that an arbitral award may be set aside in the absence of an “arbitral document”. It is not certain whether this is an arbitration clause or a more comprehensive document, such as a submission agreement. Although this case was eventually settled, this case shows how a poorly worded arbitration clause leads to a number of undesirable obstacles.. . . .

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