"A dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one/three. The seat, or legal place, of arbitration shall be City and/or Country.
To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.
There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
The union arbitration process starts with a grievance process. This is to resolve the case at the lower levels of the organization. Disputes that remain unresolved go through arbitration. During the arbitration, the employer and the union will each present their case and argue their position.
TYPICALLY, THE PARTIES ENTER INTO A 'SUBMISSION AGREEMENT' THAT IDENTIFIES THE PARTIES, DESCRIBES THE DISPUTE TO BE SETTLED, INDICATES THE RELIEF SOUGHT BY EACH OF THE PARTIES, AND PROVIDES FOR ADMINISTRATION, AS UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA).
Include Arbitrator's Jurisdiction Clause. Define Arbitration Scope Precisely. Specify Confidentiality Rules Clearly. Determine Applicable Law and Jurisdiction. Specify Arbitrator Selection Process. Set Clear Arbitration Timelines.
Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.
In other words, a party's right to refer a dispute to arbitration depends on the existence of an agreement (the “arbitration agreement”) between them and the other parties to the dispute that the dispute may be referred to arbitration.