If ICC arbitration is chosen as the preferred method of dispute resolution, this should be decided when negotiating separate contracts, contracts or arbitration agreements. However, if both parties agree, this can be resumed even after a dispute. The parties should also take into account any factors that may affect the enforceability of the clause under applicable law. This includes any mandatory requirements that may exist at the place of arbitration and at the intended place(s) of performance. The parties are free to adapt the clause to their particular situation. For example, they may want to determine the number of arbitrators, as the ICC Arbitration Rules contain a presumption in favour of a single arbitrator. It may also be desirable for them to determine the place and language of the arbitration and the law applicable to the case. The ICC Arbitration Rules do not restrict the parties` free choice of venue and language of arbitration or contract law. The parties may also specify in the arbitration clause: other combinations of services are also possible. For example, arbitration can be used as a recourse to expertise or dispute resolution bodies. Parties using ICC arbitration may also provide for recourse to the ICC International Centre for Alternative Dispute Resolution to obtain an expert`s proposal if an expert opinion is required during the arbitration.
The standard clause may be amended to take account of the requirements of national law and any other specific requirements of the parties. In particular, the parties should always request binding arbitration. For example, for parties wishing to have ICC arbitration in mainland China, it is advisable to include in their arbitration clause an explicit reference to the ICC International Court of Arbitration. Any dispute arising out of or in connection with this Agreement shall be finally settled in accordance with the Arbitration Rules of the International Chamber of Commerce by one or more arbitrators appointed in accordance with such Rules. Parties wishing to avail themselves of the expedited procedure in cases of higher value must expressly opt for it by adding the following wording to the above clause: The ICC Arbitration Rules provide for the application of an expedited procedure in cases of lesser value. If the parties wish to exclude the application of the provisions relating to the expedited procedure, they must expressly object by adding the following wording to the above clause: If the parties wish to exclude any recourse to the provisions relating to emergency arbitration, they must expressly oppose it by adding the following wording to the above clause: It is recommended that the parties, who wish to refer to ICC arbitration in their contracts, use the standard clause below. Make special arrangements if the contract or transaction involves more than two parties. . ICC arbitration can be used as a forum for the final decision of a dispute after an attempt to resolve it through other means such as mediation.
Parties wishing to include in their contracts a multi-level dispute resolution clause combining ICC arbitration and ICC mediation should refer to the MODEL CLAUSES of the ICC Mediation Rules. If the Parties wish the ceiling for the application of the Accelerated Regulation to be higher than that set out in this Regulation, the following should be added to the preceding sentence: To this end, the following wording is proposed:. In accordance with Article 30(2)(b) of the Arbitration Rules of the International Chamber of Commerce, the parties agree that the Expedited Procedure Rules shall apply irrespective of the amount in dispute. When adapting the clause, care must be taken to avoid any risk of ambiguity. The unclear wording of the clause leads to uncertainty and delays and can hinder or even interfere with the dispute resolution process. .
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Top 10 Legal Questions About Subject-Verb Agreement
Question
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1. Can you provide 10 examples
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