Sample Arbitration Clause
In order to ensure arbitration pursuant to the constitution, rules and
procedures of the Construction Arbitration Committee, any contractor or
sub-contractor may in any contract which it enters into with any other
contractor, sub-contractor or Government Authority, acting as employer, insert
the following three paragraphs as your Settlement of Disputes clause:
Settlement of Disputes
- Any dispute, controversy or claim arising out
of or relating to this contract or the breach, termination or invalidity
thereof, shall be referred to and finally resolved by arbitration in
accordance with the rules and procedures of the Construction Arbitration
Committee in force at the time of the submission of a request for
arbitration under the said rules and procedures.
Then, depending on your needs, add one of the three following
paragraphs:
- The Arbitration Panell shall consist of 1
arbitrator selected by agreement between the parties.
or:
- The Arbitration Panell shall consist of 3
arbitrators, one to be appointed by each of the parties and the third to
be appointed by the common agreement of the two arbitrators selected by
the parties.
or, if there are more than two parties to the contract and there will be 3
arbitrators, use the following paragraph:
- The Arbitration Panel shall consist of 3
arbitrators, one to be appointed by the claimant and/or claimants and one
to be appointed by the respondent and/or respondents and the third to be
appointed by the common agreement of the two arbitrators selected by the
parties.
- In the event of a failure to agree on the
appointment of arbitrators, the choice shall be made in accordance with
the rules and procedures of the Construction Arbitration Committee.
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