The following Arbitration guidance note provides comprehensive and up to date legal information covering:
While parties may decide to refer their dispute to arbitration after it has arisen, it is more common for an arbitration agreement to be entered into at the time of contracting when disputes may be anticipated but none have arisen. Often, however, the arbitration clause is drafted (or, rather, inserted) by professionals who do not practise arbitration and may not fully consider the various options available.
This Practice Note brings together examples of ad hoc arbitration clauses (which may be referred to as domestic arbitration clauses in some circumstances), with and without the incorporation of arbitration rules, and clauses which provide for administered arbitration under the arbitration rules of arbitral institutions, including the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the China International Economic Trade Arbitration Association (CIETAC), the Dubai International Arbitration Centre (DIAC), the Singapore International Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC).
The institutional arbitration clauses below are those recommended by the institutions themselves. 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
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