Arbitration Clause for Submittal to Arbitration Under the Global Accelerated

A. Pre-Dispute Clause: Standard

“Any dispute arising out of or relating to the agreement to arbitrate or this contract, including the making, breach, termination or validity thereof, shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention & Resolution Global Rules for Accelerated Commercial Arbitration (the “Accelerated Rules”), in effect on the date the arbitration is commenced. Judgment upon the Award rendered by the Arbitral Tribunal may be entered by any court having jurisdiction over any party or any of its assets. The place of the arbitration shall be (city, country). The language shall be (specify).”

B. Pre-Dispute Clause: Alternative One

“Any dispute arising out of or relating to the agreement to arbitrate or this contract, including the making, breach, termination or validity thereof, shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention & Resolution (“CPR Institute”) Rules for Non-Administered Arbitration. In the event that the amount in controversy, exclusive of interests and costs is less than five million dollars, then the CPR Institute Global Rules for Accelerated Commercial Arbitration (the “Accelerated Rules”) shall apply. The Arbitral Tribunal shall determine any dispute regarding the a pplicable rules and no such dispute shall invalidate any prior action in the arbitration proceeding. Judgment upon the Award rendered by the Arbitral Tribunal may be entered by any court having jurisdiction over any party or any of its assets. The place of the arbitration shall be (city, country). The language shall be (specify).”

C. Pre-Dispute Clause: Alternative Two

“Any dispute arising out of or relating to the agreement to arbitrate or this contract, including the making, breach, termination or validity thereof, shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention & Resolution (“CPR Institute”) Global Rules for Accelerated Commercial Arbitration (the “Accelerated Rules”). In the event that the amount in controversy exceeds ten million dollars, then, notwithstanding anything to the contrary in the Expedite Rules, the time period for completion of the arbitration under Accelerated Rule 1.3 shall be enlarged from six (6) months to twelve (12) months and the Arbitral Tribunal shall consist of [number] arbitrator[s]. The Arbitral Tribunal shall determine any dispute regarding the applicable rules and no such dispute shall invalidate any prior action in the arbitration proceeding. Judgment upon the Award rendered by the Arbitral Tribunal may be entered by any court having jurisdiction over any party or any of its assets. The place of the arbitration shall be (city, country). The language shall be (specify).”

D. the CPR Institute Arbitration Appeal Procedure

(Insert if desired. If not included, this appeal procedure will be deemed not to apply).

“Unless otherwise agreed by the parties in writing, within 30 days of receipt by the parties of a final arbitration award in any arbitration arising out of or related to this agreement, an appeal may be taken from such final award under the CPR Institute Arbitration Appeal Procedure, in effect at the commencement of the appeal. The appeal shall be heard by three former judges appointed by CPR who will apply the following grounds for appeal:

i) the award contains material and prejudicial errors of law of such nature that it does not rest on any appropriate legal basis;

ii) the award contains factual findings clearly unsupported by the record;

iii) the award was procured by corruption, fraud, or undue means;

iv) there was evident partiality or corruption in the arbitrators, or either of them; or

v) the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.

No appeal may be filed unless the arbitrators in the original arbitration were required by the parties to reach a decision in compliance with applicable law and issue a written award setting forth the factual and legal basis; and a record was made of all hearings and evidence in such original arbitration proceeding.

Unless otherwise agreed to by the parties and the Appeal Tribunal, the appeal shall be conducted at the place of the original arbitration and in the language of that arbitration.

The decision of the Appeal Tribunal shall constitute the final award and shall finally dispose of the matters in dispute.”

E. Existing Dispute Submission Agreement

The undersigned parties hereby agree to submit to arbitration in accordance with the International Institute for Conflict Prevention and Resolution Global Rules for Accelerated Commercial Arbitration (the “ Accelerated Rules”) in effect on the date of this agreement, the following dispute:

(Describe briefly providing a short description of the dispute and of the relief sought, including amounts claimed by all parties)

For purposes of the Accelerated Rules, [name of party or parties] shall be designated the Claimant and [name of party or parties] shall be designated the Respondent. The above dispute shall be submitted to:

  • one neutral arbitrator to be appointed as provided in the Accelerated Rules;
  • or three neutral arbitrators to be appointed as provided in the Accelerated Rules

The Claimant and Respondent believe that it would be helpful, but not required, to the resolution of the dispute if the arbitrator(s) had the following qualifications or expertise: (describe briefly, including Claimant and Respondent’s separate views of the qualifications)

We are attaching to this submission agreement the names and addresses of all involved parties, their representatives and of the potential witnesses for each party, if any.

We shall faithfully observe this agreement and the Accelerated Rules and we shall abide by and perform any Award rendered by the Arbitral Tribunal. Judgment upon the Award rendered by the Arbitral Tribunal may be entered by any court having proper jurisdiction. The place of the arbitration shall be ___________ (specify city, country). The language of the arbitration shall be _______ (specify).”

See Clause B, above if parties wish to agree to use the CPR Institute Arbitration Appeal Procedure, as well, in their submission agreement.

This submission shall be treated as the Notice of Arbitration under the Accelerated Rules.

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