Mediation-Arbitration International Arbitration


Two-Stage Process: Mediation, Arbitration

a. Mediation The parties shall attempt to settle any dispute arising out of or relating to this [Agreement] [Contract] by mediation under the International Institute for Conflict Prevention & Resolution (“CPR”) Mediation Procedure [currently in effect OR in effect on the date of this Agreement], Unless otherwise agreed, the parties will select a mediator from the CPR Panels of Distinguished Neutrals.

¹ Arbitral panels generally consist of one or three arbitrators. Often, parties to a large or complex dispute provide for a panel of three arbitrators because they believe that three arbitrators will have a broader experience base and be less likely to render an irrational award. (Note that CPR Arbitration Rules address this issue by requiring reasoned awards made in accordance with governing law.) Choosing three arbitrators rather than one increases cost. Consider providing for a sole arbitrator if a dispute is below a certain monetary amount, and for three arbitrators if above that amount. ² The seat of arbitration controls procedural aspects of arbitration. The consequences of selecting the seat can be profound. If the parties do not designate the seat of arbitration in their agreement, under CPR Rules the arbitrators will decide. b. Arbitration Any dispute arising out of or relating to this [Agreement] [Contract], including the breach, termination or validity thereof, which has not been resolved by mediation as provided herein [within [45] days after initiation of the mediation procedure] [within [30] days after appointment of a mediator], shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Administered Arbitration of International Disputes [currently in effect OR in effect on the date of this Agreement], by [a sole arbitrator] [three independent and impartial arbitrators1] to be appointed by CPR; [provided, however, that if one party fails to participate in the mediation as agreed herein, the other party can commence arbitration prior to the expiration of the time periods set forth above.] Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. The seat of the arbitration shall be (city, country). The language of the arbitration shall be2 ___________.