ARBITRATION:

sample arbitration agreement

This sample is a commercial arbitration agreement I used in a case in which the parties were obliged to go to arbitration because of a brief arbitration clause in the main commercial contract between them. A Court order had been obtained for my appointment as arbitrator.

In this case, I was able to canvass with the parties as to their procedural preferences when the arbitration agreement was being negotiated, so the process they wanted for their arbitration is set out in detail in the Agreement.

Such provisions can also be recorded separately from the Arbitration Agreement, in which event the new document should be deemed to be part of the Arbitration Agreement by an express provision to that effect. The procedural agreement might usefully be combined with the Timetable.

Finally, the Arbitration Act, 1991, sets out procedural provisions that operate by default if the parties do not provide for the procedure of their arbitration. In some cases, the parties may decide that they are content to rely on the procedural provisions contained in the Act, rather than devising a "custom" procedure as the Parties did in the case.

Caution: This contract came from a real case. Many of its provisions, including those relating to jurisdiction, procedure for the arbitration, appeal & finality and offers to settle, represent the particular choices of the parties in that case, and their choices may not be appropriate for yours. Therefore, if you make reference to this sample as a precedent, take care to review it and make revisions as necessary to address the particular facts of your case and the law applicable to those facts.

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sample arbitration agreement