Recommended Clauses

While it is possible for parties to an existing dispute to agree to refer it to be decided in arbitration it is more common to include a clause in a commercial or trade contract requiring any disputes which may arise in relation to the contract to be referred to arbitration. It is in such arbitration clauses that the procedure for appointing arbitrators and for conducting an arbitration is usually detailed.

Arbitration clauses often deal with the following matters:

  • number of arbitrators;
  • qualifications of the arbitrators;
  • the identity of the appointing body;
  • the place of arbitration;
  • the language of the arbitration;
  • the law to be applied to deciding the dispute; and
  • the procedural rules to be used in conducting the arbitration.
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