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How to Draft International Arbitration Agreements?

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International Commercial Arbitration in America

 -  HOW TO DRAFT ARBITRATION AGREEMENTS
 -  MODEL ARBITRATION AGREEMENT
 - INTERNATIONAL ARBITRATORS

 .....  (Article)... 

How to Draft an Arbitration Agreement?

A good arbitration agreement is one which minimizes complications when a dispute arise. However, many a times people neglect to pay attention while drafting an arbitration agreement.

Before finalizing an arbitration agreement, the terms should be thoroughly discussed and negotiated to avoid any misunderstanding at a later stage. Arbitration lawyers from all applicable jurisdictions must be consulted before finalizing any arbitration agreement..

A bad Arbitration Agreement could result in double jeopardy: arbitration as well as litigation arising out of arbitration. Therefore, care should be taken to draft an enforceable arbitration agreement. Lawyers from all applicable jurisdictions should review the arbitration agreement before its executed
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Before signing an Arbitration Agreement the following must be properly addressed:

  • Applicable law to arbitration

  • Location of Arbitration

  • Number of Arbitrators

  • Language of Arbitration

  • Discovery procedure

  • Limitation to arbitration powers

  • Interim measures/Provisional Remedies

  • Privacy

  • Rules Applicable

  • Appeal & Enforcement

  • Be aware of local peculiarities   [For example, the Vermont Arbitration Act contains a significant "trap door" through which parties may fall if they are not careful. It provides that an agreement to arbitrate is not enforceable, unless the parties sign a separate "Acknowledgement of Arbitration" which contains language prescribed in the statute. See 12 Vt. Stat. Ann. 5652 (Supp. 1996). Also, the Vermont Arbitration Act may not apply, even if the parties attempt to select it. The Vermont Act states that it applies to all arbitration agreements, "to the extent not inconsistent with the laws of the United States." 12 Vt. Stat. Ann. 5653(a) (Supp. 1996). Even if parties intend to select the Vermont Act, it may not apply if the arbitration agreement is in interstate commerce and governed instead by the federal arbitration act. Threlkeld & Co. v. Metallgesellschaft, 923 F.2d 245 (2d Cir. 1991), cert. den'd 112 U.S. 17 (1991)]

  • Survival after Termination of the main agreement.

The arbitration agreement should be modified as applicable under different circumstances. One brush should not paint all the painting.

 

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Model Arbitration Agreement

"All and any disputes arising out of or in connection with the present agreement shall be finally settled under the UNCITRAL Model Rules of Arbitration (or another arbitration rules of your choice) by sole (or three) arbitrator (s) appointed by _________ (an arbitration institute of your choice) in accordance with the said Rules. The place of arbitration shall be _____. The arbitration shall be conducted in ______ language. The arbitration award shall be final and binding. The arbitration shall be governed under the laws of ______.

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Arbitration Lawyers

Our arbitration lawyers and arbitrators include those who have  undertaken arbitration in the USA, Europe, and Asia. They understand the multi-cultural  and the multi-jurisdictional aspects of international business in this age of globalization. They those educated at Harvard Law School, Harvard University in the USA. They believe in high moral and legal ethics.

We assist our clients with resolution of disputes in all areas of general and special practices, including commerce, finance and industry. Our highly trained & experienced attorneys endeavor to prevent disputes by ensuring proper documentation and by tactfully handling the matter. However, in cases where disputes cannot be prevented, we take utmost care in preparation of our client's case and ensure that the client gets the best advice and support in resolving their disputes. Our attorneys are highly experience and has dealt with hundreds of arbitrations & conciliation, including:

  • Preparing and presenting the case before arbitrator
  • Domestic and International Arbitration
  • International Chamber of Commerce, Paris Arbitration (ICC)
  • American Arbitration Association (AAA)
  • Enforcement of Awards
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Contact Information:

Madaan & Co.
Attorneys at law
E-mail:  click here
Fax: +1 (216) 928-9537
(a US area code)
WWW.MADAAN.COM

Arbitration in USA

International Commercial Arbitration

UNCITRAL Model Law on International Arbitration

Drafting International Arbitration Agreements?

Model Arbitration Agreement

 


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