In some cases, the parties may wish to include in their dispute settlement clauses language that is not as comprehensive as that proposed in Rules 16.1 and 16.2, but that nevertheless facilitates the effective conduct of arbitration under the Agreement. Examples of such efficiency improvement clauses are given below. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, performance, interpretation or validity of this Agreement, including the determination of the scope or applicability of this Agreement to arbitration, shall be resolved by arbitration to [insert desired location of arbitration] before [one or three] arbitrator(s). The arbitration shall be administered by JAMS in accordance with its full arbitration rules and procedures [and in accordance with the expedited procedures of these Rules] [or in accordance with JAMS` simplified arbitration rules and procedures]. The judgment on the award may be entered in any court of competent jurisdiction. This clause does not prevent the parties from seeking interim measures from a court of competent jurisdiction in support of the arbitration. In Volt Information Sciences, Inc. v Board of Trustees of Leland Stanford Junior University, 489 U.S. 468 (1989), the U.S.
Supreme Court ruled that the Federal Arbitration Act (« FAA ») did not prejudge the California Arbitration Act in an intergovernmental dispute in which the parties agreed that their contract would be governed by California law. Therefore, if the parties want to ensure that the FAA applies regardless of the legislation they have established for the resolution of important matters, the arbitration clause should provide as follows: If the parties do not wish to negotiate prior to arbitration, but wish to mediate before proceeding with arbitration, they may do so by using the following wording: A « winning party » clause such as the following tends to discourage frivolous claims, counterclaims and defenses, as well as the discovery of scorched earth during arbitration: Other combinations of services are also possible. For example, arbitration can be used as a recourse to expertise or dispute resolution bodies. Parties using ICC arbitration may also request consultations from the ICC International Centre for Alternative Dispute Resolution to obtain an expert proposal if an expert opinion is required during the arbitration. In today`s competitive marketplace, most businesses can`t afford or don`t want to afford the time, cost, and negative business consequences of traditional litigation. Unfortunately, in every business relationship, there is a risk of conflict via contractual agreements or business activities. When such conflicts arise, there is no need to bear the costs and costly delays associated with traditional litigation. There are readily available alternative dispute resolution procedures that allow you to resolve your disputes relatively quickly, fairly and inexpensively.
Dispute Resolution: All claims and disputes arising out of or in connection with this Agreement will be resolved by binding arbitration with the Arbitration Resolution Services (ARS). The parties expressly undertake to comply with all the rules of the ARS as they are on their website at www.arbresolutions.com. In the event that a party fails to pay an arbitral award, the award may be converted into a judgment in a court of competent jurisdiction. Binding Arbitration: All claims and disputes arising out of or in connection with this Agreement shall be resolved by binding arbitration. The arbitration will be conducted by Arbitration Resolution Services, Inc. (ARS) and the parties will be bound by all ARS rules and arbitration awards/awards. For ARS rules, see www.arbresolutions.com. Any decision or award resulting from such arbitration must be made in writing and must include an explanation of all decisions. This arbitration must be conducted by an arbitrator who must have experience in [insert industry or legal experience required for the arbitrator] and a written record of the arbitration hearing. An arbitral award may be upheld in a court of competent jurisdiction.
JAMS has separate model clauses that provide for the submission of national and international disputes to an arbitral tribunal. While these clauses do not provide details of the procedures to be followed in such arbitration, they do provide a simple way to ensure that future disputes are resolved. An additional benefit is that it is sometimes easier for parties to agree on simple and simple clauses than some of the more complex provisions set out in the following sections of this guide. The default JAMS clauses are listed below. The parties may also clarify in the arbitration clause that the specification of arbitrators` qualifications often works best in the context of a panel of three arbitrators, as it is possible in this context to require that one of the panelists have some technical expertise without limiting the entire panel to such a limited range of experience.