Suggested Arbitration Clauses
The international dynamic business environment, requires a professional, quick and discrete solutions for disputes between parties from different countries and jurisdictions. The prolonging of court proceedings may harm businesses and result in unnecessary expenses.
CADR recommends:
When negotiating and drafting an international commercial-business contract between parties from different jurisdictions, consider adding a clause referring to international arbitration or mediation, including seat and rules acceptable to both sides.
Operating the Arbitration/ Mediation clause
- In the event parties agreed in advance before any conflict arises , upon the occurrence of such conflict, parties turn to existing arbitration and mediation clause as per the rules referred to in the clause in order to start the Arbitration/Mediation process.
- In the event parties did not agree in advance on Arbitration/Mediation an agreement must be agreed upon between the parties regarding the identity of the arbitrator/mediator, the scope of dispute the applicable rules and more.
CADR recommends: When drafting a commercial-business contract between parties, consider adding a clause referring to arbitration or mediation, while choosing a setting and rules acceptable to both sides.
Sole arbitrator:
Any dispute, controversy or claim arising out of, or in relation to, this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved through Arbitration by a sole arbitrator, nominated by both parties from the list offered by CADR International.
In the event the parties fail to jointly designate a sole Arbitrator, the Arbitrator shall be nominated, in accordance with the applicable rules.
The arbitration shall be conducted in accordance with the CADR International Rules (or with accordance with any applicable rules the parties have agreed upon.) as in force on the date on which the Notice of Arbitration is submitted.
The seat of the arbitration shall be (name of city and country);
The arbitral proceedings shall be conducted in …(insert desired language).
Three arbitrators:
Any dispute, controversy or claim arising out of, or in relation to, this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved through Arbitration by three arbitrators. One co-arbitrator shall be nominated by the _______(Israeli party) out of the CADR list. The second co-arbitrator shall be nominated by the _______(non Israeli party) and the presiding arbitrator shall be nominated by CADR International.
The arbitration shall be conducted in accordance with the CADR International Rules (or with accordance with any applicable rules the parties have agreed upon.) as in force on the date on which the Notice of Arbitration is submitted.
The seat of the arbitration shall be … (name of city and country);
The arbitral proceedings shall be conducted in …(insert desired language).