Parties should also consider all factors that could affect 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. II. The arbitration agreement recommends that the legal relationship for which it is concluded is not contractual: if LCC Arbitration is chosen as a preferential settlement method, it should be decided when negotiating separate contracts, contracts or arbitration agreements. However, if both parties agree, this can be included even after a dispute. An ad hoc arbitration procedure is a procedure that is not managed by an institution (ci.B ICDR, ICC or JAMS). The parties must therefore make their own arrangements with respect to the selection of arbitrators, arbitration, administrative assistance and other aspects of the arbitration process. Parties that proceed ad hoc will often include in their agreement the Arbitration Regulations of the United Nations Commission for International Trade Law (CNUDCI). Below are two example clauses, one that is contained in the UNCIT arbitration regulation and does not. Parties are not encouraged to make an ad hoc arbitration decision without the advice of an experienced advisor. “Any dispute, controversy or request concerning the creation of a corporation [the name of a corporation as used in the Charter or other constituent document], including management or participation, including disputes between participants [shareholders, partners, members – the term must be chosen on the basis of the organizational-legal form of a corporation] and the corporation itself and the corporation itself.
, disputes involving persons who are or have been members of the corporate governing and supervisory bodies, as well as disputes relating to the rights of participants concerning the legal relationship with third parties, are settled by arbitration before the International Commercial Arbitration Tribunal with the Russian Chamber of Commerce and Industry , in accordance with its applicable rules. The headquarters or arbitration tribunal is [the State of Georgia, United States of America, in the city of Atlanta, Fulton County]. 3 2 The annotated version of the dis model arbitration clause provides for the possibility of arbitrations managed by DIS outside Germany. See Annotated DIS Rules, 7; See also the DIS rules, No. 21. Some of these arbitration proceedings did take place. See DIS 2009 statistics. The standard clause may be amended to reflect the requirements of national law and all other specific requirements that the parties may have. In particular, the parties should always ensure that arbitration is mandatory. For example, it is wise for parties wishing to have an ICC arbitration tribunal in mainland China to include in their compromise clause an explicit reference to the ICC`s International Court of Arbitration. “Any dispute, controversy or claim that may arise from this contract (contract) [in the event of a separate arbitration agreement, indicate a particular contract (agreement) ] or entry into force, conclusion, amendment, amendment, violation, termination, termination or validity of these contracts are settled by arbitration with the International Commercial Arbitration Tribunal of the Russian Chamber of Commerce and Industry. , in accordance with applicable rules and rules.