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Use this template to prepare a set of Rules of Procedure for Arbitration for your company, to be used in the event of a contractual dispute. - The arbitrator is to be appointed by mutual agreement of the parties or, if the parties are unable to agree, by court appointment. - The rules govern how written submissions are to be made to the arbitrator. - The arbitrator will decide when and where meetings and hearings will be held. - The arbitrator's decision will be final and binding. - The Rules set out the jurisdiction and powers of the arbitrator. These Rules of Procedure for Arbitration are generic (not country specific) and can be easily customized for your purposes.
RULES OF PROCEDURE FOR ARBITRATION 1. Initiation of Arbitration Proceedings 1.1 If any party hereto wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other party hereto specifying the particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator. Within ______ days after receipt of such notice, the other party to this Agreement shall give notice to the first party advising whether it accepts the arbitrator proposed by the first party. If such notice is not given within such _____-day period, the other party shall be deemed to have accepted the arbitrator proposed by the first party. If parties fail to agree on a single arbitrator within such _____-day period, either party may apply to a court of competent jurisdiction under the provisions of the [jurisdictional legislation governing arbitration] for the appointment of a single arbitrator. The arbitrator, whether agreed on by the parties or appointed by the Court, (the “Arbitrator”) shall have the qualifications hereinafter set out. 1.2 The Arbitrator shall be a person who is legally trained who is experienced in the field of [area of business] in [country] and is at arm’s length from and independent of either party. 2. Submission of Written Statements 2.1 Within _____ days of the appointment of the Arbitrator, the party initiating the arbitration (the “Claimant”) shall send the other party (the “Respondent”) a [claim notice] setting out the details of its claim, the grounds and contentions of law on which it is relying, and the relief that it claims. 2.2 Within _____ days of the receipt of the [claim notice], the Respondent shall send the Claimant a [defence statement] stating in sufficient detail which of the claims and allegations contained in the [claim notice] it admits or denies, on what grounds, and on what other facts and contentions of law it is relying. 2.3 Within _____ days of receipt of the [defence statement], the Claimant may send the Respondent a [statement of reply]. 2.4 All written statements shall be accompanied by copies of all documents on which the party concerned is relying and which have not previously been submitted to the Arbitrator by any party. 2.5 After submission of all written statements, the Arbitrator will give directions for the further conduct of the arbitration. 3. Meetings and Hearings The Arbitrator shall in its sole discretion fix the date, time and place of any meetings and hearings to be held in the arbitration, and will give all parties adequate notice of the same. Meetings and hearings set down by the Arbitrator shall take place in [city] or in such other place as the Claimant and the Respondent shall agree to in writing and such meetings and hearings shall be conducted in the English language unless otherwise agreed by such parties and the Arbitrator. Subject to any adjournments which the Arbitrator allows, the final hearing will be continued on successive working days until it is concluded. All meetings and hearings will be in private unless the parties otherwise agree. Any party may be represented at such meetings or hearings by legal counsel. Each party or its legal counsel, if any, may examine, cross-examine and re-examine any witnesses to be called during the arbitration. -2- 4. Arbitrator’s Decision The Arbitrator shall render a decision in writing and, unless both the parties otherwise agree, shall set out its reasons for such decision. The Arbitrator shall send the decision to the parties within ____ days after the conclusion of the final hearing, unless such time period
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