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Arbitration Agreements Explained

Section 7 defines arbitration agreement as an agreement between parties to submit disputes related to a legal relationship to arbitration. An arbitration agreement must be in writing and can be in a contract or separate agreement. Templates offers sample dispute resolution clauses that can be inserted into contracts, including standard arbitration clauses for domestic and international commercial contracts.

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26 views1 page

Arbitration Agreements Explained

Section 7 defines arbitration agreement as an agreement between parties to submit disputes related to a legal relationship to arbitration. An arbitration agreement must be in writing and can be in a contract or separate agreement. Templates offers sample dispute resolution clauses that can be inserted into contracts, including standard arbitration clauses for domestic and international commercial contracts.

Uploaded by

tanasiv951
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Section 7 of the Act defines the term, Arbitration agreement.

—
(1) In this Part, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which
have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
(2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
(3) An arbitration agreement shall be in writing.
(4) An arbitration agreement is in writing if it is contained in—
(a) a document signed by the parties;
(b) an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement; or
(c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not
denied by the other.
(5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract
is in writing and the reference is such as to make that arbitration clause part of the contract.

Templates offers sample dispute resolution clauses that may be inserted into a contract prior to any dispute ever arising. These
sample dispute resolution clauses are set forth and, in some cases, briefly discussed inside.
STANDARD ARBITRATION CLAUSES
Templates standard clauses separately providing for submission of domestic and international disputes to arbitration. While these
clauses set forth no details as to procedures to be followed in connection with any such arbitrations, they provide a simple means
of assuring that any future dispute will be arbitrated. An additional benefit is that it is sometimes easier for contracting parties to
agree to simple, straightforward clauses than to some of the more complex provisions that are set forth in subsequent sections of
this page.

Standard Arbitration Clause for Domestic Commercial Contracts


Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be
determined by arbitration in [insert the desired place of arbitration] before [one/three] arbitrator(s). This clause shall not preclude
parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Standard Arbitration Clause for International Commercial

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