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transnational law transnational law (lex mercatoria or international business law) and "Arbitration agreement" 2016-03-01 13:58:16 https://www.trans-lex.org/img/logo_ball.png
Principle

No. XIII.1.1 - Arbitration agreement

(a) An arbitration agreement is an agreement by the parties to submit to arbitration - whether administered (institutional arbitration) or not (ad hoc arbitration) - all or certain disputes or disagreements which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

(b) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement (submission agreement).

(c) An arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another.

(d) The law applicable to the arbitration agreement is to be determined according to Principle XIV.1 .

Commentary
1 The question whether and which disputes are covered by an arbitration agreement must be determined by interpreting the agreement pursuant to the in favorem rule of construction.

2 The fact that arbitration agreements cover not only "disputes" but also "disagreements" relates to the fact that arbitral tribunals may also adapt contracts to changed circumstances or fill gaps in contracts, see Trans-Lex-Commentary to Principle VIII.2, Para 3.

Please cite as: "Commentary to Trans-Lex Principle , "
References
Arbitral Awards
Court Decisions
International Legislation
Model Laws
National Legislation
Contract Clauses
1. Arbitration Clause relating to the Resolution of a Contractual Dispute
Employment Contract
Arbitration
In consideration of my employment with the Company, its promise to arbitrate all employment-based disputes, and my receipt of the compensation, pay raises and other benefits paid to me by the company, at present and in the future, I agree that any and all controversies, claims, or disputes with anyone, whether brought on an individual, group, or class basis, arising out of, relating to, or resulting from my employment with the company or the termination of my employment with the company, including any breach of this agreement, shall be subject to binding arbitration in Maricopa County in the State of Arizona. Disputes which I agree to arbitrate, and thereby agree to waive any right to a trial by jury, include any statutory claims under state or federal law, including, but not limited to, claims under Title VII of the civil Rights of 1964, the Americans with Disabilities Act of 1990, the age discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Sarbanes-Oxley Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, claims of harassment, discrimination and wrongful termination and any statutory claims. I further understand that this agreement to arbitrate also applies to any disputes that the company may have with me.
Arbitration and Equitable Relief
In consideration of my employment with the company, its promise to arbitrate all employment-related disputes and my receipt of the compensation, pay raises and other benefits paid to me by the company, at present and in the future, I agree that any and all controversies, claims, or disputes with anyone (including the company and any employee, officer, director, shareholder or benefit plan of the company in their capacity as such or otherwise) arising out of, relating to, or resulting from my employment with the company or the termination of my employment with the company, including any breach of this agreement, shall be subject to binding arbitration under the arbitration rules set forth in the California Code Of Civil Procedure section 1280 through 1294.2, including section 1283.05 (the “Rules”) and pursuant to California law. Disputes which I agree to arbitrate, and thereby agree to waive any right to a trial by jury, include any statutory claims under state or federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, the Age Discrimination In Employment Act of 1967, the Older Workers Benefit Protection Act, the California Fair Employment And Housing Act, the California Labor Code, claims of harassment, discrimination or wrongful termination and any statutory claims. I further understand that this agreement to arbitrate also applies to any disputes that the company may have with me.

(...) if a Participant wishes to make a valid legal challenge to the Company's determination and he has entered into an agreement with the Company to arbitrate disputes arising from his employment with the Company, such legal challenge shall be resolved pursuant to the arbitration procedures in that agreement and the Participant's burden of proof in any arbitration shall be the same as if the dispute were tried in a court proceeding.
2000
Settlement of Disputes
When Party A and Party B have any dispute over or disagreement on the formation, performance, breach, termination or invalidity or any other provision of this Contract, both parties shall try to settle the dispute or disagreement through friendly negotiation. In case either party is unwilling to settle the dispute through negotiation or if both parties fail to reach any agreement within 30 days after negotiation begins, either party may submit such a dispute or disagreement to and for settlement through litigation at the competent people's court at the place where the House is located. During the period of settling the dispute or disagreement, both parties shall continue to abide by and perform this Contract.
2010
Arbitration
Except as provided in Section X below, I agree that any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance or breach of this agreement. shall be settled by arbitration to be held in Ramsey County, Minnesota, in accordance with the employment dispute resolution rules then in effect of the American Arbitration Association (...)
2011
Arbitration
(...) The arbitration clause constitutes a waiver of employee's right to a jury trial and relates to the resolution of all disputes relating to all aspects of the employer/employee relationship including, but not limited to, the following claims: i. Any and all claims for wrongful discharge of employment; breach of contract, both express and implied; breach of the covenant of good faith and fair dealing, both express and implied; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; and defamation: ii. Any and all claims for violation of any federal, state or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the age discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, and Minnesota Statute Section 181, et seq.; iii. Any and all claims arising out of any other laws and regulations relating to employment or employment discrimination.
2011
Sales & Purchase Contract
Arbitration
All disputes arising out of or in connection with this Contract, including any question regarding its existence, validity or termination, shall be finally settled under the rules of the London Court of International Arbitration (Rules), by three arbitrators in accordance with the said Rules.
Closing Financial Statements
If within {X} days after the objections by the Seller have been made Seller and Purchaser do not agree, the point if issue can be referred by either party to X as expert arbitrator who shall decide on the issues with binding effect for the parties (...)
Dispute Resolution
(...) Any dispute between the Parties that has not been resolved to the satisfaction of the Parties as set forth above, the dispute shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Large, Complex Disputes, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof - (International Contracting: Law and Practice - Larry A. DiMatteo - §2.05 A - S. 25).
Standard Arbitration Clauses
Any controversy or claim arising out of or relating to this contract (...) shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules and judgment may be entered in any court having jurisdiction hereof - (International Contracting: Law and Practice - Larry A. DiMatteo - §3.15 - S. 75 (Clause from American Arbitration Association)).
Arbitration
Any dispute, controversy or claim arising under, out of relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules (...) - (International Contracting: Law and Practice - Larry A. DiMatteo - §3.15 - S. 76 (Clause from the World Intellectual Property Organization)).
Consent to Jurisdiction and Arbitration
(...) Notwithstanding the foregoing two sentences, at either party's sole option exercisable at any time not later than thirty (30) days after an action or proceeding has been commenced, the parties agree that the matter may be submitted to binding arbitration in accordance with the commercial rules of the American Arbitration Association then in effect in the State of New York and judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof within the City, County and State of New York; provided, however, that the arbitrator shall not amend, supplement, or reform in any regard this Agreement or the terms of any Confirmation, the rights or obligations of any party hereunder or thereunder, or the enforceability of any of the terms hereof or thereof. Any arbitration shall be conducted before a single arbitrator who shall be reasonably familiar with repurchase transactions and the secondary mortgage market in the City, County, and State of New York.
1998
Governing Law and Arbitration
Any dispute, controversy or claim arising in connection with this Contract, or the breach, termination or validity thereof shall be determined by final and binding arbitration in accordance with the UNCITRAL Arbitration Rules (...)
2002
Dispute Resolution
All disputes arising from signature and fulfillment of the Contract or relating to other business between both Parties shall be dealt with through consultation; if no agreements are reached after consultation, any party may submit for arbitration to China International and Trade Arbitration Commission Shanghai Commission, and the related cost shall be born by the failing party.
2008
Arbitration
Any dispute arising from or in connection with the Sales Contract shall be settled through friendly negotiation. In case no settlement can be reached, the dispute shall be then submitted to China International Economic and Trade Arbitration Commission for Arbitration in accordance with its rules in effect at the time of applying for arbitration (...)
2009
Arbitration
Except as expressly set forth in this Agreement, all disagreements, disputes, controversies and claims arising out of this Agreement, shall be submitted to and resolved by arbitration in New Castle County, Delaware before a commercial panel of three arbitrators in accordance with and pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as then in effect (...)
2009
Governance; Dispute Resolution; Arbitration
Each and every dispute, controversy, or claim arising out of or in connection with this Agreement, or regarding the breach, termination or validity of this Agreement, including the validity of this dispute resolution provision (any such dispute, controversy or claim, a "Dispute") shall be resolved by final and binding arbitration. Except as otherwise expressly provided in Section X below, no proceeding as set forth below with respect to any Dispute between the parties may be commenced, nor may a party terminate any portion of this Agreement for a material breach of a material warranty, representation, covenant or obligation of this Agreement, until the parties have first attempted in good faith to resolve the Dispute amicably in accordance with this Section X.
2009
Arbitration
All disputes related to this Contract or due to implementation of this Contract shall be solved by both parties through amicable negotiation. If no agreement is reached, the dispute shall be submitted to Shanghai Branch, China International Economic and Trade Arbitration Commission, and be settled in Shanghai according to the valid arbitration rules on application dates.
2010
Arbitration
All disputes arising under or in connection with this Agreement or its validity shall be finally settled by three arbitrators in accordance with the Arbitration Rules of the German Institution of Arbitration e.!V. (DIS) without recourse to the ordinary courts of law. The venue of the arbitration shall be Frankfurt am Main. The language of the arbitration proceedings shall be English.
2010
Disputes
(...) Any dispute or claim arising out of this Agreement or the transactions contemplated hereby, which the Parties are unable to resolve themselves, shall be settled through binding arbitration. Any such arbitration shall be administered by the American Arbitration Association under its then-applicable Commercial Arbitration Rules. The arbitration shall be heard and decided by three (3) arbitrators (one selected by X, one selected by Y and the third selected by the first two arbitrators), and any judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall take place in the city and state of New York.
2010
Arbitration
Any dispute, controversy or claim arising out of, relating to, or in connection with this Agreement, or the breach, termination or validity hereof shall be exclusively referred to and finally resolved by binding arbitration. The arbitration shall be administered by the International Chamber of Commerce ("ICC"), and conducted in accordance with the arbitration rules of the ICC (the "Rules") in effect at the time of commencement of such arbitration and the provisions set forth in this Section X, which Rules are deemed to be incorporated by reference into this Agreement (...)
2012
Arbitration
If the Purchase Agreement is not executed within 60 days of the date hereof, the Seller and the Purchaser shall within 75 days of the date hereof submit to the first listed individual designated in Schedule X hereto (the Arbitrator (if such Arbitrator is unable to serve, the Arbitrator shall be one of the other individuals set forth on Schedule X hereto, designated in an order of precedence corresponding to the order in which the individuals are listed on Schedule X should the first listed individual be unable to serve)) this Letter Agreement, the most recent drafts of the Transaction Documents reflecting the status of the parties' negotiations and a list of open issues and the written position of each party with respect to each open issue. The Arbitrator shall hold a one-day hearing promptly after submission of such materials. The Arbitrator shall within 15 days of the receipt of such materials render a decision with respect to each point of disagreement between the parties. Such decision will be binding and nonappealable and sufficiently clear to allow the parties to draft the disputed provisions of the Transaction Documents. The parties will execute the arbitrated Purchase Agreement within five business days of the Arbitrator's decision.
2013
Arbitration
Any dispute, controversy or claim arising out of, relating to, or in connection with this Agreement, or the breach, termination or validity hereof shall be exclusively referred to and finally resolved by binding arbitration. The arbitration shall be administered by the International Chamber of Commerce ("ICC"), and conducted in accordance with the arbitration rules of the ICC (the "Rules") in effect at the time of commencement of such arbitration and the provisions set forth in this Section X, which Rules are deemed to be incorporated by reference into this Agreement (...)
2014
Services Contract
Dispute Resolution
(...) if the dispute cannot be resolved, both parties agree to resolve it by binding arbitration in Santa Clara County, California, in accordance with the Rules of Commercial Arbitration of the American Arbitration Association. At least one of the arbitrators will be from the computer hardware or software industry.
Custom Drafted Arbitration Clauses
Any controversy, claim, or dispute arising out of, or relating to, this contract shall be resolved according to binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The decision of the arbitrator shall be final and binding on the parties and the award may be entered in any court of competent jurisdiction. The arbitrator shall not be authorized to award punitive damages. The costs of any arbitration, including the costs of the record or transcripts, administrative fees, attorney's fees, and any other fees shall be paid by the party determined by the arbitrator to not be the prevailing party or as otherwise allocated in an equitable manner as determined by the arbitrator - (International Contracting: Law and Practice - Larry A. DiMatteo - §3.17 - S. 85).
Dispute Resolution Clause
(...) If the Parties reach impasse in the mediation despite good faith efforts, the dispute shall be referred to binding arbitration under the Rules of the {London Court of International Arbitration/International Chamber of Commerce/United Nations Commission on International Trade Law / Stockholm Chamber of Commerce} in effect on the date of this Agreement, by three arbitrators appointed in accordance with said Rules (...) The Parties shall share equally the costs of the arbitration, unless and until the arbitral panel in the final award apportions the fees - (International Contracting: Law and Practice - Larry A. DiMatteo - §3.17 A - S. 86).
Arbitration
Except as provided in Section {X} above, any controversy or dispute arising out of or relating to this Agreement, ort he breach hereof, shall be settled by arbitration conducted in {X} in accordance of the arbitration rules of the {X} then in effect - (International Contracting: Law and Practice - Larry A. DiMatteo - §8.06 - S. 286).
Dispute Resolution
Any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration exclusively administered by the ICC under its arbitration rules. Judgment of the award rendered by the arbitrator may be entered in any court of competent jurisdiction (...) - (International Contracting: Law and Practice - Larry A. DiMatteo - §9.02 - S. 328).

Disputes (...) should be settled amicably. Should this not be possible, the matter shall be referreed to (...) an arbitration committee, inside or outside Saudi Arabia, in accordance with the regulations for arbitration (...)
1983
Submission to Arbitration
Any controversy or claim arising out of or relation to this Agreement (...) shall be resolved by submission to binding arbitration. Controversies or claim shall be submmitted to arbitration regardless of the theory under which they arise, including without limitation contract, tort, common law, statutory, or regulatory duties or liability (...)
2003
Arbitration
In the event of any dispute arising under, out of or in connection with this Agreement, including any question regarding its existence, validity or termination, representatives of both Parties shall enter into amicable negotiations with the aim of resolving the dispute. An attempt to arrive at a settlement shall be deemed to have failed as soon as one Party so notifies the other Party in writing. In case such attempt fails, the dispute shall be finally settled under the Rules of Arbitration for the international Chamber of Commerce Paris (ICC) by 3 arbitrators in accordance with the said Rules.
2006
Applicable Laws and Dispute Resolution
(...) Where consultation fails, the parties agree to submit the dispute to China International Economic and Trade Arbitration Committee located in Beijing for that committee to mediate and resolve according to the applicable and effective arbitration rules at the time of submission; the arbitration judgment is final and is binding on every party; and the place for arbitration is Beijing. In the course of arbitration, except for issue(s) that are being arbitrated, the other articles and clauses of this agreement should continuously be implemented.
2006
Arbitration
Any Dispute not resolved by the Parties pursuant to Section X shall be fully and finally resolved by binding arbitration pursuant to this Section Y. Either Party may refer the Dispute to arbitration, which shall take place in London, England in accordance with the London Maritime Arbitrators Association rules before a single arbitrator. The prevailing Party in any such arbitration shall be entitled to costs, expenses and reasonable attorneys' fees, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
2010
Accounts Receivable Agreement
Step II - Tribunal by Court Reference (Contracts Secured By Real Property)
If the dispute, claim or controversy is not one required or agreed to be submitted to arbitration (...) and has not been resolved by Step I mediation, then any remaining dispute, claim or controversy shall be submitted for determination by a trial on Order of Reference conducted by a retired judge or justice from the panel of JAMS appointed pursuant to the provisions of Section 638(1) of the California Code of Civil Procedure, or any amendment, addition or successor section thereto, to hear the case and report a statement of decision thereon.
1996
Step II – Arbitration (Contracts Not Secured by Real Property)
Should any dispute, claim or controversy remain unresolved at the conclusion of the Step I Mediation Phase, then (subject to the restriction at the end of this subparagraph) all such remaining matters shall be resolved by final and binding arbitration before a different judicial panelist, unless the parties shall agree to have the mediator panelist act as arbitrator (...)
1996
Construction & O&M Contract
Dispute Resolution
(...) The Parties agree to the consolidation of multi-party disputes with the States and the EPC Contractor, enforceability of arbitration, and continued performance during the pendency of arbitration proceedings (...)
Governing Law and Arbitration
(...) All disputes, contreversies, or differences which may arise between Purchaser and Contractor, out of or in relation to or in connection with the Contract, or the breach thereof, shall be amicably settled by mutual consultation between the parties hereto. Should the parties hereto fail to settle such disputes, controversies or differences amicably, then they shall be finally settled at Bern, Switzerland by arbitration in accordance with the rules of Conciliation and Arbitration of the International Chamber of Commerce (...)
1997
Arbitration
Any dispute arising out of or in connection with the Contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules.
2001
Non-Disclosure Agreement
Arbitration
It is further agreed that any controversy, claims, and dispute arising out of and/or relating to any part of the whole of this agreement or breach thereof and which is not settled between the signatories themselves, shall be settled and binding by any and through arbitration in accordance with the rules and through the institution of the International Chamber of Commerce. Any decision and/or award made by the arbitrators shall be final, conclusive and binding for the Parties and enforceable Law in the country of choice of an award by the arbitrators. In the event of dispute the English language shall prevail. If no agreement has been reached on country of Arbitration, the Arbitration shall be conducted in {X} under {X} Law - (International Contracting: Law and Practice - Larry A. DiMatteo - §12.07 - S. 407).
Loan Contract
Miscellaneous
(...) The parties, agree that any dispute arising out of the connection with this Term Sheet will be resolved solely by confidential binding arbitration in San Francisco, California according to the commercial arbitration rules of AMS (...)
Choice of Law, Venue and Jury Trial Waiver
(...) if the above waiver of the right to a trial by jury is not enforceable, the parties hereto agree that any and all disputes or controversies of any nature between them arising at any time shall be decided by a reference to a private judge, mutually selected by the parties (or, if they cannot agree, by the Presiding Judge of the Santa Clara County, California Superior Court) appointed in accordance with California Code of Civil Procedure Section 638 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts), sitting without a jury, in Santa Clara County, California; and the parties hereby submit to the jurisdiction of such court (...)
2011
Arbitration Agreement
Arbitration
In consideration of Employee’s employment with the Company, the Company’s promise to arbitrate all employment-related disputes and Employee’s receipt of the compensation and other benefits paid to Employee by the Company, at present and in the future, Employee agrees that any and all controversies, claims or disputes with anyone (including the Company and any employee, officer, director, stockholder or benefit plan of the Company in their capacity as such or otherwise) arising out of, relating to, or resulting from Employee’s employment with the Company, or the termination of Employee’s employment with the Company, including any breach of this Agreement, shall be subject to binding arbitration rules set forth in California Code of Civil Procedure Section 1280 through 1294.2, including Section 1283.05 (the Rules) and pursuant to California law. Disputes which Employee agrees to arbitrate, and thereby agrees to waive any right to a trial by jury, include any statutory claims under the state or federal law, including, but not limited to, claims under title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the California Fair Employment and Housing Act, the California Labor Code, claims of harassment, discrimination or wrongful termination and any statutory claims. Employee further understands that this Agreement to arbitrate also applies to any disputes that the Company may have with Employee.
2003
Arbitration of Claims
he following arbitration provisions shall apply to any claim brought by Executive or the Company after the date of this Agreement even if the facts upon which the claim is based arose prior to the execution of this Agreement (...) To the maximum extent permitted by law, the Company and Executive mutually consent to the resolution by arbitration of all claims or causes of action that the Company may have against Executive or that Executive may have against the Company or against its officers, directors, employees, or agents in the capacity as such or otherwise (collectively "claims"). The claims covered by this Agreement include, but are not limited to, claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, sexual harassment, or any type of unlawful harassment, religion, national origin, age, marital status, medical condition, disability or sexual orientation); claims for wrongful termination in violation of public policy; and claims for violation of any federal, state, or other governmental law, statute, regulation or ordinance, including, but not limited to, all claims arising under Title VII of the Civil Rights Act of 1969, as amended, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the California Fair Employment & Housing Act, the California Labor Code, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Fair Labor Standards Act or Employee Retirement Income Security Act.
2005
Arbitration Procedures
(...) The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable (...)
2005
Asset Transfer Agreement
Arbitration
If the dispute cannot be resolved in the above manner within 30 days after the commencement of consultations, either party may submit the dispute to arbitration as follows: all disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Beijing Arbitration Commission by arbitrators appointed in accordance with those rules; and the arbitration shall be held in Beijing and conducted in the Chinese language, with the arbitral award being final and binding upon the parties. The cost of arbitration shall be allocated as determined by the arbitrator.
2009
Asset Management Agreement
Governing Law and Dispute Resolution
Any disputes arising from and related to this Agreement shall be settled by both parties through friendly negotiations. If a dispute cannot be resolved through friendly negotiations within ninety (90) days, either party may submit such dispute to the China International Economic and Trade Arbitration Commission for arbitration in accordance with arbitration rules then in effect (...)
2003
Merger Agreement
Arbitration
If no such agreement can be reached during the 45-day period for good faith negotiation, but in any event upon the expiration of such 45-day period, either Acquiror or the Stockholders' Agent may submit the dispute (each such dispute, a "Dispute") to mandatory, final and binding arbitration to be held in the county of Santa Clara, the State of California and, except as herein specifically stated, in accordance with the J.A.M.S. Streamlined Arbitration Rules and Procedures then in effect (the "J.A.M.S. Rules"). The arbitration provisions of this Section X shall govern over any conflicting rules that may now or hereafter be contained in the J.A.M.S. Rules. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction over the subject matter thereof. The arbitrator shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a Dispute. The decision of the arbitrator as to the validity and amount of any claim in the relevant Officer's Certificate shall be nonappealable, binding and conclusive upon the parties to this Agreement and Acquiror shall be entitled to act in accordance with such decision and Acquiror shall instruct the Escrow Agent, in writing, to effect the forfeiture of Escrow Shares in accordance therewith. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction over the subject matter thereof. The arbitrator shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a Dispute.
2013
Resolution of Conflicts
If such claim is not resolved within 60 days following the delivery by the Securityholder Representative of an Objection Notice, either the Securityholder Representative or the Indemnified Party may submit the contested portion of the indemnification claim to binding arbitration in Philadelphia, Pennsylvania in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect.
2014
Joint Venture
Dispute Resolution
Any dispute, controversy or claim arising out of or relating to these Articles, or the breach, termination or invalidity thereof, shall be resolved through friendly negotiations and, if it cannot be resolved through negotiations within one month of the dispute, controversy or claim being notified by and to the Parties, if agreed upon by the Parties, the dispute will be submitted to the International Arbitration Center in Singapore for arbitration in accordance with its rules of procedure as at present in force.
2005
Settlement of Disputes
Any disputes arising from the execution of, or in connection with, this Contract, shall be settled through friendly consultations between the Parties. In case no settlement can be reached through consultations, the disputes shall be submitted to the International Arbitration Center in Singapore for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon all the Parties.
2006
Dispute Solution
Should any dispute arise from the contract or relating to the contract, shall be submitted to Chinese International Economic and Trade Arbitration Committee, and be arbitrated according to the valid and current arbitration rule upon the application time, whose decision shall be final and legally binding upon both Parties. Should any dispute arise from the implementation of or relating to the contract, both Parties shall resolve them through friendly negotiations. If the discrepancies cannot be solved by negotiations, they should be submitted for arbitration. During the process of arbitration, the contract should be executed with no interruption, except for those parts relating to discrepancies under arbitration.
2007
ICC Arbitration Without Emergency Arbitrator (Model Clause)
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The Emergency Arbitrator Provisions shall not apply.
Clause B: Obligation to Consider the ICC Mediation Rules (ICC Model Clause)
In the event of any dispute arising out of or in connection with the present contract, the parties agree in the first instance to discuss and consider referring the dispute to the ICC Mediation Rules.
DIS-Arbitration Clause (Model Clause)
All disputes arising in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law.
DIS-Model Clause for Expedited Proceedings
All disputes arising in connection with the contract (... description of the contract ...) or its validity shall be finally settled according to the Arbitration Rules and the Supplementary Rules for Expedited Proceedings of the German Institution of Arbitration e.V. (DIS) without recourse to the ordinary courts of law.
DIS-Model Clause for Corporate Law Disputes
1. All disputes arising between the shareholders or between the corporation and its shareholders in connection with these articles of incorporation or their validity shall be finally settled according to the Arbitration Rules (DIS-SchO) and the Supplementary Rules for Corporate Law Disputes (DIS-SRCoLD) of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law. 2. The effects of an arbitral award extend also to those shareholders, that have been identified as Concerned Others within the time limits provided, irrespective whether they have made use of their opportunity to join the arbitral proceedings as a party or as an intervenor (section 11 DIS-SRCoLD). The shareholders named as Concerned Others within the time limits provided, commit to recognize the effects of an arbitral award rendered in accordance with the DIS-SRCoLD. 3. Former shareholders remain bound by this arbitration agreement. 4. The corporation shall always raise the existing arbitration agreement as defence against any claim that is filed in the ordinary courts of law and that relates to disputes in the meaning of No. 1.
DIS-Conflict Management Clause (Model Clause)
With respect to all disputes arising out of or in connection with the contract (… description of the contract …) and for whose resolution the parties have not yet agreed on a dispute resolution procedure, conflict management proceedings pursuant to the Conflict Management Rules of the German Institution of Arbitration (DIS) (DIS-KMO) shall be conducted with the purpose of selecting a dispute resolution procedure.
DIS-Model Clause on Expert Determination and Arbitration
With respect to all disputes arising out of or in connection with the contract (… description of the contract …) expert determination proceedings pursuant to the Rules on Expert Determination of the German Institution of Arbitration (DIS) (DIS-SchGO) shall be conducted. Upon termination of the expert determination proceedings, all disputes shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law; if the binding effect of a decision under the DIS-SchGO is not observed, the Supplementary Rules for Expedited Proceedings shall apply, in which case the entitled party may also have recourse to the ordinary courts of law.
DIS-Adjudication and Arbitration Clause (Model Clause)
For purposes of the settlement of all differences and disputes between the parties in connection with the contract (... description of the contract ...) a project-accompanying adjudication shall be conducted pursuant to the Adjudication Rules of the German Institution of Arbitration (DIS-AVO). Upon termination of the adjudication proceedings, all disputes shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law; if the binding effect of a decision under the DIS-AVO is not observed, the Supplementary Rules for Expedited Proceedings shall apply, in which case the entitled party may also have recourse to the ordinary courts of law.
Future Disputes - LCIA Model Clause
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be [one/three]. The seat, or legal place, of arbitration shall be [City and/or Country]. The language to be used in the arbitral proceedings shall be [ ]. The governing law of the contract shall be the substantive law of [ ].
Existing Dispute - LCIA Model Clause
A dispute having arisen between the parties concerning [ ], the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be [one/three]. The seat, or legal place, of arbitration shall be [City and/or Country]. The language to be used in the arbitral proceedings shall be [ ]. The governing law of the contract [is/shall be] the substantive law of [ ].
Standard Arbitration Clause - SCAI
Any dispute, controversy or claim arising out of, or in relation to, this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be ... ("one"," three", "one or three"); The seat of the arbitration shall be ... (name of city in Switzerland, unless the parties agree on a city in another country); The arbitral proceedings shall be conducted in ...(insert desired language).
Arbitration Rules - SCC Model Clause
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. Recommended additions: The arbitral tribunal shall be composed of three arbitrators/a sole arbitrator. The seat of arbitration shall be […]. The language to be used in the arbitral proceedings shall be […]. This contract shall be governed by the substantive law of […].
Rules for Expedited Arbitrations - SCC Model Clause
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. Recommended additions: The seat of arbitration shall be […]. The language to be used in the arbitral proceedings shall be […]. This contract shall be governed by the substantive law of […].
Combined clause – Rules for Expedited Arbitrations as first choice - SCC Model Clause
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. Recommended additions: The seat of arbitration shall be […]. The language to be used in the arbitral proceedings shall be […]. This contract shall be governed by the substantive law of […].
Combined clause – Value based
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed EUR 100,000. Where the amount in dispute exceeds EUR 100,000 the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds EUR 100,000 but not EUR 1,000,000. Where the amount in dispute exceeds EUR 1,000,000, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration. Recommended additions: The seat of arbitration shall be […]. The language to be used in the arbitral proceedings shall be […]. This contract shall be governed by the substantive law of […].
Combined clause – Mediation as first choice - SCC Model Clause
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by mediation in accordance with the Rules of the Mediation Institute of the Stockholm Chamber of Commerce. Where the dispute cannot be settled by mediation, it shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. Recommended additions: The seat of arbitration shall be […]. The language to be used in the arbitral proceedings shall be […]. This contract shall be governed by the substantive law of […].
Standard ICC Arbitration Clause
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
2006
Lease Contract

If the Landlord and the Tenant do not agree the Market Rent within three months after service of a Review Notice or by the date three months before the Relevant Review Date (whichever is the later) either may by notice to the other require the Market Rent as at the Relevant Review Date to be determined by a Chartered Surveyor having at least ten years' experience in assessing the rental value of premises similar to the Premises and acting as a single arbitrator. If the Landlord and the Tenant do not agree on the joint appointment of an arbitrator the arbitrator shall be nominated on the joint application of the Landlord and the Tenant (or if either of them neglects to concur in such application then on the sole application of the other) by the President or other chief office or acting chief officer for the time being of the Royal Institution of Chartered Surveyors.
2010

Any dispute arising as between the Tenant and any tenant or occupier of the Estate or any adjoining or neighbouring property belonging to the Landlord as to any easement, right or privilege enjoyed or used in common shall be decided by the Landlord (acting fairly and properly) whose decision shall be binding on the parties.
2010
Change of Control Agreement
Arbitration

In consideration of Executive's employment with the Company, its promise to arbitrate all employment-related disputes, and Executive's receipt of the compensation, pay raises and other benefits paid to Executive by the Company, at present and in the future, Executive agrees that any and all controversies, claims, or disputes with anyone (including the Company and any employee, officer, director, shareholder or benefit plan of the Company in their capacity as such or otherwise) arising out of, relating to, or resulting from Executive's employment with the Company or termination thereof, including any breach of this Agreement, will be subject to binding arbitration under the Article 75 of the Civil Practice Law and Rules of the NY Code (the "Act"), and pursuant to New York law. The Federal Arbitration Act shall also apply with full force and effect, notwithstanding the application of procedural rules set forth under the Act. 


2012
Trust Agreement
Resolution of Disputes

 If, for any reason, the applicable Majority Seller and the Buyer Parent are unable to resolve a dispute arising out of a Sale Objection Notice delivered pursuant to Section X hereof or a Trigger Objection Notice delivered pursuant to Section Y hereof to their satisfaction within five (5) business days after delivery of such Sale Objection Notice or Trigger Objection Notice, then they may continue to attempt to resolve such dispute, or either of them may at any time thereafter commence binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to resolve such dispute (...) 


2007
2. Clause Excluding & Limiting Arbitral Competence for Specific Cases
Sales & Purchase Contract
Closing Financial Statements
(...) The expert arbitrator shall be bound by those items which the Seller and Purchaser have agreed and in its decision on the points in dispute shall not go beyond the range of difference of opinion between the Seller and the Purchaser on these points (...)
Miscellaneous
(...) all disputes arising out or in connection with this Agreement or any other Agreement executed in connection therewith or in consummation hereof shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules.
Disputes
All disputes under this Contract that are not disposed of by mutual agreement may be decided by recourse to an action at law or in equity. Any dispute not resolved between the parties shall be subject to the exclusive jurisdiction of the {X} Court - (International Contracting: Law and Practice - Larry A. DiMatteo - §6.05 A - S. 205).
Loan Contract
Jurisdiction; Consent to Service of Process
To the extent permitted by applicable law, the Borrower hereby irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of any New York State court or federal court of the United States of America sitting in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or the other Loan Documents, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York State or, to the extent permitted by law, in such federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement shall affect any right that the Lender may otherwise have to bring any action or proceeding relating to this Agreement or the other Loan Documents against the Borrower or its properties in the courts of any jurisdiction.
2008
Arbitration Agreement
Claims not covered by the Agreement
Claims Executive may have for workers' compensation, unemployment compensation benefits or wage and hour claims within the jurisdiction of the California Labor Commissioner are not covered by this Agreement. Notwithstanding the fact that Executive is not required to arbitrate such claims, he/she may, if he/she so chooses, submit wage and hour claims to binding arbitration pursuant to this Agreement. Also not covered are claims by either party for injunctive and/or other equitable relief, as to which the parties understand and agree that either party may seek and obtain relief from a court of competent jurisdiction.
2005
3. Form of Arbitration Clause & Separated Agreement
Sales & Purchase Contract
Settlement of Disputes
Should the Parties fail to agree in accordance with Section (...), then all legal disputes arising out of or in connection with this Agreement, including disputes concerning its validity, shall be finally settled by arbitration in accordance with an arbitration agreement, a draft of which is attached hereto as (...)
2004
4. Mediation & Other ADR Clauses
Sales & Purchase Contract
Dispute Resolution
The Parties shall attempt through negotiation to amicably and in good faith resolve any dispute arising under or related to this Contract or concerning an alleged breach of this Contract within {X} days of notice by one Party to the other that a dispute exists, or such other time period as they mutually agree. In the event that a dispute is not resolved within {X} days, the dispute shall be escalated for resolution to senior management within the respective Parties' organization. Should such higher level of management be unable to resolve the dispute within {X} days of referral or such other time as they may mutually agree, then the dispute shall be submitted to mediation under the Commercial Dispute Resolution Procedures (including Mediation and Arbitration Rules) of the Americain Arbitration Association. The venue for such Mediation shall be in New York, New York - (International Contracting: Law and Practice - Larry A. DiMatteo - §2.05 A - S. 25).
Mediation
Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. The place of mediation shall be {specify place}. The language to be used in the mediation shall be {specify language} - (International Contracting: Law and Practice - Larry A. DiMatteo - §3.15 - S. 76 (Clause from the World Intellectual Property Organization)).
Mediation Followed, in the Absence of a Settlement, by Arbitration
Any dispute, controversy or claim airising under, out of or relating to this contract and an subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. The place of mediation shall be {specify place}. The language to be used in the mediation shall be {X}. If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within {X} days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. Alternatively, if, before the expiration of the period of {X} days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules (...) - (International Contracting: Law and Practice - Larry A. DiMatteo - §3.15 - S. 77 (Clause from World Intellectual Property Organization or WIPO)).
Dispute Resolution Clause
The Parties shall attempt to amicably resolve any dispute, controversy, or claim arising under or relating to this Contract. If the Parties reach impasse in resolving such dispute, either party may refer the dispute to mediation with the assistance of a mediator acceptable to both parties. Absent agreement on a mediator within {X} days of referral to mediation, the ICC shall appoint a mediator (...) - (International Contracting: Law and Practice - Larry A. DiMatteo - §3.17 A - S. 86).
Settlement of Disputes
All disputes arising from the validity, performance and interpretation of this Contract shall be settled through consultation by both parties. In case no settlement can be reached through consultation, the parties agree that the dispute shall be submitted to the People’s Court of jurisdiction in the place of Seller. The relevant expenses (including legal cost, travel expenses, notary fees, cost of adducing evidence, arbitration fees and so on) shall be borne by the losing party.
2007
Allocation
Following the Closing, Purchaser shall prepare and deliver to Sellers an allocation of the aggregate consideration among Sellers and (...) Purchaser shall also prepare and deliver to the applicable Seller a proposed allocation of the Purchase Price and other consideration paid in exchange for the Purchased Assets (...) If the Parties cannot resolve a disagreement under this Section X, such disagreement shall be resolved by an independent accounting firm chosen by Purchaser and reasonably acceptable to the applicable Seller, and such resolution shall be final and binding on the Parties. The fees and expenses of such accounting firm shall be borne equally by Purchaser, on the one hand, and the applicable Seller, on the other hand (...)
2009
Pre-Arbitration Escalation
In the event that the Relationship Managers have not resolved such Dispute within seven days following receipt of written notice thereof pursuant to Section X (the "Relationship Escalation Period"), either Relationship Manager may escalate the issue to the Executive Steering Committee. The Executive Steering Committee will work together in good faith to resolve any such Disputes as soon as practicable but no later than 30 days following receipt of notice thereof from a Relationship Manager (the "Executive Steering Escalation Period"). Notwithstanding anything in this Agreement to the contrary, an Executive Steering Committee member or Relationship Manager may immediately escalate a Dispute to the CEOs of each party and/or a party may bring such Dispute to Arbitration (...) if: (a) such Dispute involves any of the following issues: parity treatment under this Agreement, discrimination under Section X of this Agreement, staffing or resource commitments (...); (b) as otherwise expressly provided in this Agreement; (c) the other party's Executive Steering Committee members are not working in good faith to resolve such Dispute; (d) if such Dispute is escalated to the CEOs and they are unable to resolve such dispute within seven days of such escalation or (d) a party seeks emergency injunctive relief.
2009
Applicable Law and Dispute Resolution
Any question, dispute or difference between Party A and Party B arising from the execution, performance or otherwise in connection with the Contract shall first be resolved through amicable negotiation and friendly consultation between Party A and Party B. If no resolution is reached within X {X} days of the notice by any Party requesting for resolution through negotiation and consultation, the question, dispute or difference shall be submitted to the court having jurisdiction thereof over the venue of the Building for resolution by litigation.
2010
Services Contract
Applicable Laws and Dispute Resolution
Any disputes related to or caused by this agreement should be resolved through friendly consultation (...)
2006
Mediation
If a Dispute described in clause (a) or (b) of Section X is not resolved by the Designated Representatives during or after {X} days provided in Section X, either of the Parties may refer the matter to mediation. With respect to the mediation of any Dispute, the mediator shall be mutually agreed upon by the Parties, and such mediator will be instructed to: (a) review the terms of the Dispute and the position of the Parties; (b) consider the terms of and context of this Agreement; and (c) render a non-binding report within {Y} days of the appointment of the mediator or such later date as to which the Parties may agree. The Parties shall consider the Mediator's Report and may mutually decide to make it a binding report. If the mediator is not able to facilitate a binding agreement between the Parties, the Dispute is not resolved to the satisfaction of the Parties as a result of the Mediator's Report or a mediator cannot be chosen mutually by the Parties, the Dispute shall be submitted to binding arbitration pursuant to Section X.
2010
Asset Transfer Agreement
Mediation
If any dispute arises in connection with this Agreement, the parties shall attempt in the first instance to resolve such dispute through friendly consultation or mediation.
2009
Asset Management Agreement
Governing Law and Dispute Resolution
Any disputes arising from and related to this Agreement shall be settled by both parties through friendly negotiations. If a dispute cannot be resolved through friendly negotiations within ninety (90) days, either party may submit such dispute to the China International Economic and Trade Arbitration Commission for arbitration in accordance with arbitration rules then in effect (...)
2003
Pledge Agreement
Applicable Law and Dispute Resolution
The Parties shall strive to settle any dispute arising from the interpretation or performance through friendly consultation. In case no settlement can be reached through consultation, each Party can submit such matter to China International Economic and Trade Arbitration Commission ("CIETAC") for arbitration. The arbitration shall follow the then current rules of CIETAC, and the arbitration proceedings shall be conducted in Chinese and shall take place in Beijing. The arbitration award shall be final and binding upon the Parties. This article shall not be affected by the termination or elimination of this Agreement.
2010
Joint Venture
Dispute Resolution
All disputes between the Parties over a purported breach of this Agreement (each, a "Dispute"), shall be resolved as follows: the Parties shall first submit the matter to the chief executive officers (or other senior executives officers) of each of the Parties by providing notice of the Dispute to the Parties. The chief executive officers (or other senior executives officers) shall then make a good faith effort to resolve the Dispute. If they are unable to resolve the Dispute within ten (30) days of receiving notice of the Dispute (during which thirty-day period, the chief executive officers (or other senior executive officers) shall seek in good faith to hold at least three (3) meetings at which they shall make a good faith effort to resolve the Dispute), then a civil action with respect to the Dispute may be commenced, but only after the matter has been submitted to JAMS for mediation as contemplated by Section X.
2005
Dispute Resolution
If there is a Dispute, either Party may commence mediation by providing to JAMS and the other Party a written request for mediation, setting forth the subject of the Dispute and the relief requested. The Party will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in scheduling the mediation proceedings. The Parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs (...)
2005
Dispute Resolution
All disputes between the Parties over a purported breach of this Agreement (each, a “Dispute”), shall be resolved as follows: the Parties shall first submit the matter to the chief executive officers (or other senior executive officers) of each of the Parties by providing notice of the Dispute to the Parties. The chief executive officers (or other senior executives officers) shall then make a good faith effort to resolve the Dispute. If they are unable to resolve the Dispute within [***] of receiving notice of the Dispute (during which [***] period, the chief executive officers (or other senior executive officers) shall seek in good faith to hold at least [***] at which they shall make a good faith effort to resolve the Dispute), then a civil action with respect to the Dispute may be commenced, but only after the matter has been submitted to JAMS for mediation as contemplated by Section X.
2007
Clause A: Option to Use the ICC Mediation Rules (ICC Model Clause)
The parties may at any time, without prejudice to any other proceedings, seek to settle any dispute arising out of or in connection with the present contract in accordance with the ICC Mediation Rules.
Clause C: Obligation to Refer Dispute to the ICC Mediation Rules (ICC Model Clause)
(x) In the event of any dispute arising out of or in connection with the present contract, the parties shall first refer the dispute to proceedings under the ICC Mediation Rules. The commencement of proceedings under the ICC Mediation Rules shall not prevent any party from commencing arbitration in accordance with sub-clause y below. (y) All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
Clause D: Obligation to Refer Dispute to the iCC Mediation Rules, Followed by Arbitration if Required
In the event of any dispute arising out of or in connection with the present contract, the parties shall first refer the dispute to proceedings under the ICC Mediation Rules. If the dispute has not been settled pursuant to the said Rules within [45] days following the filing of a Request for Mediation or within such other period as the parties may agree in writing, such dispute shall thereafter be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules of Arbitration.
DIS-Mediation/Conciliation Clause (Model Clause)
With regard to all disputes arising from or in connection with the contract (... description of the contract ...) mediation/conciliation proceedings shall be undertaken in accordance with the Mediation/Conciliation Rules of the German Institution of Arbitration e.V. (DIS) in effect on the date of commencement of the mediation/conciliation proceedings.
DIS-Mediation Clause (Model Clause)
With respect to all disputes arising out of or in connection with the contract (... description of the contract ...) mediation proceedings shall be conducted pursuant to the Mediation Rules of the German Institution of Arbitration (DIS).
5. Appeal to Arbitration Tribunal
Sales & Purchase Contract
Appeal to Arbitration Tribunal
Within {X} days of receipt of any award (which shall not be binding if an appeal is taken), either Party may notify the American Arbitration Association of an intention to appeal to a second arbitral tribunal, constituted in the same manner as the initial tribunal. The appeal tribunal shall be entitled to adopt the initial award as its own, modify the initial award or substitute its own award for the initial award. The appeal tribunal shall not modify or replace the initial award except for clear errors of law or because of clear and convincing factual errors. The arbitrator's decision will be final and binding upon, and will be the sole and exclusive remedy of, the Parties who hereby waive all right to judicial review of said decision. The Parties waive any claim of sovereign immunity in connection with such arbitration. The award of the appeal tribunal shall be final and binding, and judgment will be enforceable and may be entered in any court having jurisdiction. Each Party shall bear its own osts and expenses and an equal share of the arbitrators' and administrative fees or arbitration, including, if any, appeal unless the arbitrator has determined one of the Parties has acted in bad faith (...) - (International Contracting: Law and Practice - Larry A. DiMatteo - §2.05 A - S. 26).
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