International arbitration clauses—ad-hoc
Produced in partnership with Peter McQueen
International arbitration clauses—ad-hoc

The following Arbitration practice note produced in partnership with Peter McQueen provides comprehensive and up to date legal information covering:

  • International arbitration clauses—ad-hoc
  • Example of ad-hoc clause
  • Scope
  • Procedure
  • Arbitration seat
  • Choice of law
  • Language
  • Appointment of arbitrators

Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts. An arbitration clause may, or may not, provide for an institution (such as the International Chamber of Commerce (ICC) or London Court of International Arbitration (LCIA) to administer the arbitration under its own rules or other rules. This note gives an example of an international arbitration clause which does not provide for an institution to administer the arbitration.

Example of ad-hoc clause

‘All disputes arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be finally resolved by arbitration.

The seat of arbitration shall be [city, country].

The governing law of the arbitration agreement shall be [...]

The language of the arbitration shall be [...].

The party commencing arbitration (the claimant) shall send to the other party (the respondent) a notice of arbitration demanding that the dispute be referred to arbitration.

The arbitral tribunal shall consist of three arbitrators, one appointed by the claimant and named in the notice of arbitration, the second appointed by the respondent within [14] days of receipt of the notice of arbitration, and the third, who shall act as [presiding arbitrator], appointed by the two parties within [14] days of the appointment of the second arbitrator. If any arbitrators are not appointed within these

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