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MODEL DISPUTE RESOLUTION CLAUSE
The following model dispute resolution clause is recommended for arbitrations to be conducted under these Rules.
Any dispute, controversy or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the ADR Chambers Arbitration Rules. The place of the arbitration shall be ______________________________________.
The Parties may wish to consider adding one or all of the following options:
1. There shall be ________ arbitrators (1 or 3). [If 3, state whether each party may nominate an arbitrator and how the third arbitrator is to be selected.] (See Rule 5.4.)
2. The language of the arbitration shall be_________________.
3. The Arbitral Tribunal must select its award from the final offers to settle made by each of the Parties.
4. The Arbitral Tribunal need not provide detailed reasons for its award. (See Rule 12.3.)
5. Whether an oral hearing must be held. (See Rule 9.4.)
6. Specifications as to what rules will apply with respect to pre-hearing disclosure of documents and examinations for discovery, especially where Parties from more than one country or province are involved.
7. Whether any rights of appeal to an appellate arbitration tribunal or to the courts will be allowed. (See Rule 12.4.)
Copyright © 2007, ADR Chambers Inc.