If ICC arbitration is chosen as the preferred method of dispute resolution, it should be decided when negotiating separate contracts, contracts or arbitration agreements. However, if both parties agree, this can be included even after a dispute. Parties should also consider all factors that could affect the applicability of the clause under existing legislation. These include all the mandatory requirements that may exist at the place of arbitration and at the intended place or place of implementation. . To this end, the following language is proposed: . If the parties wish to exclude any recourse to the provisions of the emergency arbitrator, they must expressly object by adding to the above clause the following text: The standard clause may be amended to take into account the requirements of national law and all other specific requirements that the parties may have. In particular, the parties should always ensure that arbitration is mandatory. For example, it is wise for parties wishing to have an ICC arbitration tribunal in mainland China to include in their compromise clause an explicit reference to the ICC`s International Court of Arbitration. When adapting the clause, care must be taken to avoid any risk of ambiguity. The ambiguity of the wording contained in the clause will lead to uncertainty and delay and will hinder or even compromise the dispute resolution process. Make special arrangements when the contract or transaction involves more than two parties. After adoption, we will assist you so that your article has maximum effect in the scientific community and beyond.
All disputes arising from or related to this contract are settled definitively by one or more arbitrators appointed under these rules, in accordance with the International Chamber of Commerce`s arbitration regulations. The ICC`s arbitration regulation provides for the application of an expedited procedure for cases of lesser value. If the parties wish to exclude the application of the fast-track rules, they must expressly object by adding the following to the above clause: Parties wishing to use the expedited procedure in cases of higher value should expressly decide to do so by adding the above clause as follows: Please note that the manuscript can only be submitted by a single author of the manuscript and cannot be submitted by a third party. . Parties who wish to refer to ICC arbitration in their contracts are advised to use the standard clause below. Other combinations of services are also possible. For example, arbitration can be used as a return to expertise or dispute resolution bodies. Similarly, parties who may use ICC Arbitration to use the ICC International Centre for ADR for an expert`s proposal, where advice is required during the arbitration process. To give your manuscript the best chance of publication, follow these policies and formatting policies. . Contracting parties are free to tailor the clause to their particular circumstances.
For example, they can determine the number of arbitrators because the ICC arbitration regulation contains a presumption in favour of an individual arbitrator. It may also be desirable that they set the place and language of arbitration and the law applicable to merits. The ICC arbitration regulation does not limit the free choice of the parties to the place and language of arbitration or the law governing the contract. ICC Arbitration can be used as a forum for the final decision of a dispute after an attempt to settle by other means such as mediation. Parties wishing to include in their contracts a staggered dispute settlement clause combining ICC arbitration and ICC mediation should refer to the standard clauses relating to the ICC mediation rules.Leave a reply