How to draft an effective arbitration clause and arbitration agreement?

How to draft an effective arbitration clause and arbitration agreement?

If you would like to receive more information about drafting an effective arbitration clause and arbitration agreement, please contact Jonathan Choo, Partner and Head of Arbitration & Dispute Resolution at Olswang Asia LLP: +65 6720 8278, or email [email protected] www.olswang.com 4 APPENDIX 1 SAMPLE ARBITRATION CLAUSES

Is the arbitration clause enforceable between professional traders?

As such, they must be set forth in writing and expressly accepted by the parties and they are enforceable only between professional traders. The application of these clauses has given rise to numerous disputes and the decision commented herein [3] provides an illustration thereof.

Can a Court of Appeals disregard an arbitration clause?

One of the insurers raised a plea of lack of jurisdiction, invoking the arbitration clause set forth in the insurance contract. The Court of Appeals first disregarded the arbitration clause and held that the jurisdiction clause was to be applied.

What is the purpose of arbitration clauses in Kenya?

Notably, arbitration clauses only serve to limit the jurisdiction of the courts and do not entirely oust it. The development of arbitration in Kenya has witnessed interesting emerging issues, most prominently, constitutional questions arising out of commercial relationships.

When to include arbitration clauses in a contract?

Arbitration clauses and jurisdiction clauses are frequently included in contracts entered into between merchants. Both types of clauses are designed to set out the procedure that shall govern any dispute arising from or in connection with the contract.

Where can I find examples of forced arbitration?

The American Arbitration Association, a nonprofit organization that provides guidance and alternative dispute resolution services to businesses throughout the United States, has some examples of forced arbitration clauses on its website. In an employment setting, you might see something like:

How to draft effective arbitration clauses?Bowmans?

The number of arbitrators shall be [one/three]. The seat, or legal place, of arbitration shall be [City and/or Country]. The language to be used in the arbitral proceedings shall be [insert language]. The governing law of the contract shall be the substantive law of [insert jurisdiction].

Do you have to sign a forced arbitration agreement?

If you don’t sign a formal employment contract, your employer may include a forced arbitration agreement with other new employee paperwork or within your employee handbook. It’s important to note that you don’t have to sign a forced arbitration agreement.