If ICC arbitration is chosen as the preferred method of dispute resolution, it should be decided when negotiating separate contracts, contracts or arbitration agreements. However, if both parties agree, this can be included even after a dispute. An arbitration agreement includes an agreement between two or more parties to submit to arbitration: in the current competitive market, most companies cannot afford or do not want to afford the time, burden and negative commercial consequences of traditional litigation. Unfortunately, in every business relationship, there is a risk of conflict through contractual agreements or business procedures. When such conflicts arise, the costs and delays of traditional litigation should not be incurred. There are readily available out-of-court dispute resolution mechanisms that allow you to resolve your disputes fairly, fairly and cheaply. Contracting parties are free to tailor the clause to their particular circumstances. For example, they can determine the number of arbitrators because the ICC arbitration regulation contains a presumption in favour of an individual arbitrator. It may also be desirable that they set the place and language of arbitration and the law applicable to merits. The ICC arbitration regulation does not limit the free choice of the parties to the place and language of arbitration or the law governing the contract. “Current” disputes for which the conciliation agreement is defined by a stand-alone agreement between the parties after the outbreak of the dispute, i.e. if the parties do not wish to negotiate before arbitration, but wish to arbitrate before resorting to arbitration, they can do so using the following language: the dispute can be referred to ICAC if an arbitration agreement is concluded. The arbitration agreement may be included in the contract as a separate term or may be an individual agreement.
It can be concluded at any time, for example. B for the settlement of existing disputes. I. The recommended arbitration agreement for the incorporation of a corporation into the Charter: ICAC rules recommend the following wording for the compromise clause (here you can download its translation in other languages): If the arbitrator (e) designates a party, in order to be the dominant party in circumstances in which the dominant party has won on certain claims and counter-claims, but not all, , the arbitrator may award the party or parties concerned a reasonable percentage of the legal fees and fees incurred by the party in power in the arbitration proceedings. Most arbitration proceedings take place in a conference room in a courtroom, and the arbitrator may be a lawyer, a retired judge or a person with experience in a particular area.