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Arbitration Clause In International Contracts

Arbitration Clause In International Contracts Template for United States

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Arbitration Clause In International Contracts

"Need an Arbitration Clause In International Contracts for a software licensing agreement between our US-based tech company and a Japanese distributor, with ICC arbitration in Singapore and English as the language of proceedings."

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Document background
Arbitration Clause In International Contracts are essential components of cross-border business agreements, providing a neutral and efficient means of dispute resolution. These clauses, governed by U.S. law and international conventions, specify how disputes will be resolved outside traditional court systems. They typically address key elements such as the choice of arbitration institution, applicable rules, seat of arbitration, and enforcement mechanisms. The clause ensures compliance with the Federal Arbitration Act and international treaties while providing certainty and predictability in dispute resolution across different jurisdictions.
Suggested Sections

1. Scope of Arbitration: Defines which disputes are subject to arbitration and specifies the types of disputes covered by the arbitration clause

2. Arbitration Rules: Specifies which institutional rules will govern the arbitration (e.g., ICC, UNCITRAL, AAA) and their application

3. Seat of Arbitration: Specifies the legal jurisdiction where arbitration will be conducted and the applicable procedural law

4. Arbitrator Selection: Details the process for selecting arbitrators, including number of arbitrators and appointment procedures

5. Language of Arbitration: Specifies the official language(s) in which the arbitration proceedings will be conducted

6. Governing Law: Specifies the substantive law that will govern the interpretation and enforcement of the arbitration agreement

7. Award Enforcement: Provisions regarding the binding nature of the arbitral award and its enforcement

Optional Sections

1. Pre-Arbitration Procedures: Optional procedures for negotiation, mediation, or other dispute resolution steps before commencing arbitration

2. Interim Measures: Provisions for emergency relief or temporary measures during the arbitration process

3. Confidentiality: Specific requirements for maintaining confidentiality of the arbitration proceedings and documents

4. Cost Allocation: Provisions for allocation of arbitration costs and legal fees between parties

5. Time Limits: Specific timeframes for various stages of the arbitration process

Suggested Schedules

1. Schedule A - Arbitration Rules: Complete text or reference to the chosen arbitration rules

2. Schedule B - Arbitrator Qualifications: Detailed requirements and qualifications for potential arbitrators

3. Schedule C - Fee Schedule: Detailed breakdown of arbitration costs, administrative fees, and arbitrator compensation

4. Schedule D - Model Notice of Arbitration: Template for initiating arbitration proceedings

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses




















Industries

Federal Arbitration Act (FAA): The primary U.S. federal law governing domestic and international arbitration, providing the basic framework for enforcement of arbitration agreements and awards

New York Convention Implementation (FAA Chapter 2): U.S. implementation of the Convention on Recognition and Enforcement of Foreign Arbitral Awards, crucial for international enforcement of arbitration agreements and awards

Panama Convention Implementation (FAA Chapter 3): U.S. implementation of the Inter-American Convention on International Commercial Arbitration, applicable to arbitration between U.S. and Latin American parties

New York Convention 1958: Key international treaty facilitating enforcement of foreign arbitral awards and arbitration agreements across 170+ countries

Panama Convention 1975: Regional convention governing international commercial arbitration between parties in the Americas

State Arbitration Laws: State-specific arbitration regulations, though typically preempted by federal law in international arbitration cases

Uniform Arbitration Act: Model law adopted by many states to provide consistency in state-level arbitration regulations

Federal Rules of Civil Procedure: Procedural rules that may impact arbitration proceedings, particularly regarding interim measures and enforcement

Industry-Specific Regulations: Sector-specific laws and regulations that may affect the arbitrability of certain disputes in international contracts

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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