Enter the complexity of conciliation in multi-party or multi-contract disputes, it is worth checking in the contracting phase if, in the end, arbitration is an appropriate method of dispute resolution. This is a simple standard arbitration clause recommended by the Chartered Institute of Arbitrators (CIArb): any arbitration proceedings that begin under this clause should also be taken into account by the parties of all factors that could impair 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. The interpretation of a compromise clause, which is not clear, will be the responsibility of the courts of the competent country. In England and Wales, the courts will do everything in their power to comply with the intention of arbitrating an arbitration agreement proving the existence of an arbitration agreement, unless a clause is clear enough to introduce “desperate confusion” into the proceedings. 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. Arbitration agreements – definition, purpose and interpretation of multi-party and multi-party multi-party procedures are possible; Indeed, some of the arbitration institutions mentioned above provide precautions in their proceedings. However, as in litigation, several parties add a layer of complexity to litigation. If you opt for arbitration, it is important to be especially careful in the development of your arbitration agreement. For example, all disputes arising from or related to this contract, including matters relating to its existence, validity or termination, are mentioned and resolved definitively, in accordance with the rules of the LCIA which are deemed to be taken by reference to this clause.
If a dispute has arisen, but there is no agreement between the parties to arbitrate, or if the parties wish to amend a dispute resolution clause to provide for LCIA arbitration, the following clause is recommended. Words/spaces between brackets should be deleted/completed accordingly.