It is advisable to provide the language of arbitration, as this will determine the language of written and oral interventions at each hearing. If it is not expressly provided, the court will decide the language. Copies of the rules and recommended formulations for arbitration clauses are published on their websites by the aforementioned institutions. However, these may need to be completed. Ad hoc arbitration misses the “support network” of an institution and depends for its full effectiveness on a spirit of cooperation between the parties, which are usually born in the time of disputes. Potential problems with arbitration in general, such as the ability to delay proceedings, are more likely to occur in ad hoc arbitrations. 9. Without prejudice to the availability of such remedies in favour of arbitration proceedings, which are available under the responsibility of a competent court or other judicial authority, the Arbitral Tribunal has the full power to grant interim safeguards and to award damages in the event of a party`s failure to comply with the arbitral tribunal`s orders in this matter. In general, the parties can rely on laws based on the model law (although some countries have introduced amendments that deviate significantly from the model law). However, if the local arbitration right is not based on the model law, the parties should not choose the place without first considering the likely effects of its arbitration legislation. For example, local law may require the introduction of mandatory procedures; Courts may intervene excessively during arbitration proceedings; there may be obstacles to price execution, including the possibility of multiple remedies.
2 The annotated version of the DIS 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 above information is provided only for information and education purposes. AtlAS is a non-profit corporation that is not in practice with the law, and this site is not intended to create a client lawyer relationship. There is no legal advice. An inadequate dispute resolution provision is worse than the lack of dispute resolution. You should not act or rely on the information contained on this site without first seeking the advice of legal counsel in your jurisdiction.
The information contained on this website may not be up to date, especially since the standard arbitration clauses of the various arbitration institutions sometimes change. This site is not updated regularly to reflect these changes. The legal effect, adequacy and usefulness of the clauses set out on this website should be assessed in the specific context of the transaction and/or dispute between the parties, regardless of the applicable law. AtlAS does not guarantee the applicability of any of the arbitration clauses set out on this site. “Any controversy or claim arising from this agreement or violation is settled by a binding arbitration managed by Henning Mediation – Arbitration Service, Inc. (HMA) in accordance with its rules, and the judgment on the arbitrator`s award may be registered in any jurisdiction. Arbitration and all ongoing proceedings will take place in Atlanta, Georgia. The arbitration procedure is carried out by one or more arbitrators chosen by the parties on the HMA Arbitration Committee or, if they are unable to agree on selection, by one or more arbitrators appointed by HMA.