In recent years, there has been growing criticism that arbitration has become so costly and time-consuming that the distinction between arbitration and court proceedings has blurred. In response, JAMS responded on January 6, 2010 to adopt the recommended arbitration discovery protocols for domestic commercial matters (“JAMS Discovery Protocols”), and on October 1, 2010, it amended the JAMS Arbitration Rules to add Rules 16.1 and 16.2. Rules 16.1 and 16.2 specify expedited arbitration, which may be included in the dispute settlement clause of the parties` commercial contract or in a post-judicial filing in arbitration. Many of the changes brought about by expedited procedures are based on JAMS discovery protocols. These include: 1. Any dispute, difference, controversy or claim arising out of or relating to this Agreement shall be identified and resolved by arbitration in [Atlanta, Fulton County, State of Georgia, United States of America]. The substantive law of the contract applies to the contract. If the parties wish the upper limit for the application of the Expedited Procedure Rules to be greater than that set out in those Rules, the following wording should be added to the above clause: The Atlanta International Arbitration Society (AtlAS) does not administer arbitration and does not offer arbitration rules. Parties designating an arbitration place in Atlanta for arbitration must do so under the auspices of one of the many international arbitration institutions or in an ad hoc procedure using either the UNCITRAL Arbitration Rules or a procedure adapted by the parties for the purposes of their respective settlement or dispute. 4 Article 20 of the SCC Rules allows the parties to determine the seat of the arbitration.
Scc-administered arbitration sometimes takes place outside Sweden, although rarely. See Finn Madsen, Commercial Arbitration in Sweden 202, 124 (3rd ed., 2007). In addition, there are standard arbitration clauses for expedited procedures and corporate disputes. “Any dispute arising between the parties in connection with [ ], the parties hereby agree that the dispute shall be submitted to arbitration and finally settled in accordance with the LCIA Rules. A full copy of Rules 16.1 and 16.2 can be found at www.jamsadr.com/rules-comprehensive-arbitration/.If parties wish to take full advantage of Rules 16.1 and 16.2, they can do so by including the following wording in the dispute settlement clause of their contract: A “winning party” clause such as the following tends to deter frivolous claims, Counterclaims and defenses, as well as the discovery of scorched earth in an Arbitration: Parties wishing to avail themselves of the expedited procedure in cases of greater value must explicitly opt for it by adding the following wording to the above clause: The AAA has developed the ClauseBuilder online tool® – a simple and self-directed process – to help individuals and organizations develop clear and clear arbitration and mediation agreements. Effective. Companies are increasingly recognizing that workforce diversity achieves better results, and many have put in place strong initiatives to promote inclusion in terms of gender, ethnicity and sexual orientation. The parties may choose to include diversity as a consideration when selecting an arbitrator or arbitration panel.
The following clause, which is based on the promise of “equal representation in arbitration”, aims to promote diversity while recognizing that other qualifications are also important when choosing an arbitrator. “Any controversy or claim arising out of or in connection with this Agreement or its breach shall be resolved by arbitration administered by the International Dispute Resolution Centre in accordance with its Rules of International Arbitration. 9. Without prejudice to the availability of such remedies in support of arbitration available under the jurisdiction of a court of competent jurisdiction or other judicial authority, the arbitral tribunal shall have full power to issue interim guarantees and award damages if a party fails to comply with the relevant orders of the arbitral tribunal. If ICC arbitration is chosen as the preferred method of dispute resolution, this should be decided when negotiating separate contracts, contracts or arbitration agreements. However, if both parties agree, this can be resumed even after a dispute. JAMS has separate model clauses that require the submission of domestic and international disputes to arbitration. While these clauses do not provide details of the procedures to be followed in such arbitration, they do provide a simple way to ensure that future disputes are resolved. An additional advantage is that it is sometimes easier for the parties to agree on simple and straightforward clauses than on some of the more complex provisions set out in the following sections of this Guide […].