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sampleclauses

Alternative Dispute Resolution Clause Examples

Examples of some suitable clauses are:

Original Supply Agreement

Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules.
The seat of arbitration shall be Sydney, Australia [or choose another city].
The language of the arbitration shall be English [or choose another language]. The number of arbitrators shall be [one/three].1).

Example 2 (AUS)

Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration accordance with, and subject to,
The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations.
The seat of the arbitration shall be (nominate city)

Example 3 (USA)

Any dispute or difference whatsoever arising out of or in connection with this contract shall be settled by arbitration administered by the
American Arbitration Association in accordance with its Commercial Arbitration Rules.
Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
However, notwithstanding any Rule to the contrary, the Arbitrator so appointed either by agreement or by the American Arbitration Association shall
have his or her own office in (Australian City), Australia and the place of the hearing shall be (Australian City), Australia.

Example 4 (NADRAC)

Dispute Resolution

1. If a dispute arises from or in connection with this contract, a party to the contract must not commence court or arbitration proceedings relating to the dispute unless that party has participated in a mediation in accordance with paragraphs 2, 3 and 4 of this clause. This paragraph does not apply to an application for urgent interlocutory relief.
2. A party to this contract claiming that a dispute has arisen from the contract (“the Dispute”) must give a written notice specifying the nature of the Dispute (“the Notice”) to the other party or parties to the contract. The parties must then participate in mediation in accordance with this clause.
3.If the parties do not agree, within seven days of receipt of the Notice (or within a longer period agreed in writing by them) on:
a. the procedures to be adopted in a mediation of the Dispute; and
b. the timetable for all the steps in those procedures; and
c. the identity and fees of the mediator; then,
d. the [independent appointment body or person or if none specified Stephen Wallace White] will appoint a mediator accredited under the National Mediator Accreditation System, determine the mediator’s fees and the parties will pay those fees equally.
4. If the mediator is appointed by [independent appointment body or person or if none specified Stephen Wallace White] in accordance with paragraph 3, the parties must assist the mediator to mediate the Dispute in accordance with the Practice Standards articulated in the National Mediator Accreditation System
5. If a party commences proceedings relating to the Dispute other than for urgent interlocutory relief, that party must consent to orders by the Court in which the proceedings are commenced that:
a. the proceedings relating to the Dispute be referred to mediation by a mediator; and
b. if the parties do not agree on a mediator within seven days of the order referred to in paragraph 5(a), the mediator appointed by the [independent appointment body or person] will be deemed to have been appointed by the Court.
6. If a party:
a. refuses to participate in a mediation of the Dispute to which it earlier agreed; or
b. refuses to comply with paragraph 5 of this clause, a notice having been served in accordance with paragraph 2; then,
i. that party shall not take any steps to recover its costs whether by way of obtaining or enforcing any order for costs, and,
ii. that party shall consent to an order of a Court of competent jurisdiction that it will specifically perform and carry into execution paragraph 3 and 4 of this clause.

Separate Standalone Agreement to Arbitrate using Mr White

All disputes or difference whatsoever arising (or arisen) out of or in connection with the agreement dated (date) between (x) and (y)
shall be and are hereby submitted to arbitration in accordance with, and subject to:2)

Stephen Wallace White shall be the arbitrator.
The language of the arbitration shall be English.
The place of the arbitration shall be (city).

Agreed

Party1

Party2

More Information

1) Alternatively, delete this sentence and rely on Article 8 of the ACICA Arbitration Rules
2) Select one of the bolded arbitral acts found at the hyperlinked pages as suits

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