How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Vineet S Your Own Question
Vineet S
Vineet S,
Category: Law
Satisfied Customers: 1652
Experience:  Freelance Solicitor at Self Employed
60556257
Type Your Law Question Here...
Vineet S is online now

I have a question re the drafting of an arbitration clause -

Customer Question

I have a question re the drafting of an arbitration clause - could you guide me on wording if I send you a draft? It's short - just a few lines. We are a company based in the UK and this is to be in an agreement between ourselves and an independent associate in the Middle East
Submitted: 16 days ago.
Category: Law
Expert:  Vineet S replied 16 days ago.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Expert:  Vineet S replied 16 days ago.

Hi there,

Please copy-paste the relevant clause here.

Expert:  Vineet S replied 16 days ago.

Kindly copy-paste your arbitration clause here, so that I can advise you accordingly.

Customer: replied 16 days ago.
Thank you.
Here it is:
"Any dispute, which could not be settled by the Parties through amicable settlement shall be finally settled by arbitration in accordance with the Arbitration Act, 1996. A notice of the intent to refer the dispute to arbitration may be given by a Party or group of Parties to the other Party or group of Parties .The Parties shall mutually appoint an arbitrator who shall be the Sole Arbitrator and will conduct the Arbitration in accordance with its rules for conduct of Arbitration proceedings then in force and applicable to the proceeding. The arbitration shall be conducted through Audio Visual means. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.”
Expert:  Vineet S replied 16 days ago.

Thank you. I will go through it and will be with you shortly.

Expert:  Vineet S replied 16 days ago.

"Any dispute arising out of or in connection with this contract, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act 1996. it shall be referred, upon written notice (a ‘Dispute Notice’) given by one party or parties to the other party or parties. The parties shall mutually appoint an arbitrator who shall be the sole arbitrator. The arbitration shall be conducted by the sole arbitrator , in accordance with the rules for conduct of arbitration proceedings in effect at the time of the arbitration. The arbitration shall be conducted through Audio Visual means. The proceedings shall be undertaken in English Language The arbitration award shall be final and binding on all the parties.”

Customer: replied 15 days ago.
Thanks Vineet. Could this go together with an existing clause:
This Agreement will be governed by the laws of England and Wales and the Courts
of England and Wales will have non-exclusive jurisdiction to adjudicate any
disputes arising under it.
Customer: replied 15 days ago.
I guess what I am asking is - do we need to change that clause now, or is it advisable to leave it in ?
Expert:  Vineet S replied 15 days ago.

If the jurisdiction is of England and wales, then you can either opt for London court of international arbitration for your arbitration.

Expert:  Vineet S replied 15 days ago.

Or keep it as it is. It is really up to the parties.

Expert:  Vineet S replied 15 days ago.

If you need further assistance, please let me know.

Thank you and all the best.

Customer: replied 15 days ago.
Thanks - to clarify: are the two clauses in conflict at the moment if we include them both as is?
Or do we need to add a qualifier/amend either one?
Expert:  Vineet S replied 15 days ago.

No, they are not in conflict.

Arbitration and court jurisdiction are two different clauses, and should not need to be confused or aligned with each other. So, you do not have to change the jurisdiction clause here.

Thank you.

Customer: replied 15 days ago.
Thanks Vineet, much appreciated.
Expert:  Vineet S replied 15 days ago.

My pleasure, thanks again.