Arbitration

Arbitration Model Clause & Agreement

For most contracts, suggested Arbitration clauses are drafted by Arbitral institutions to ensure a smooth functioning and flexible arbitral proceedings in the event of the dispute. The applicable law clause applies to the contract as a whole, but the arbitration clause deals specifically with the arbitration aspect.

We encourage the parties to Domestic and International transactions to always include a well-drafted applicable law clause and arbitration clause.

Following are the suggested clauses provided in this section, as they are applicable, in your contracts:

A. Future Disputes (if Administered Arbitration)

The following model clause may be adopted by the parties to a contract who wish to refer any future disputes to arbitration in accordance with these Rules:

“Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by online arbitration in accordance with the Jupitice Administered Online Arbitration Rules (“Rules”) or any mutually agreed Third Party Administered Online Arbitration Rules and the award made in pursuance to their shall be binding on the parties.

Note: Parties should consider adding:

a) Jupitice Justice Services Delivery Platform or Jupitice Private Digital Court shall be used to conduct Online Arbitration as a Place of Arbitration.
b) Jupitice or mutually agreed Arbitral Institution shall administer the Online Proceedings.
c) The law governing the Arbitration shall be

Or

d) The seat of arbitration shall be ...
e) The number of arbitrators shall be ... (one or three).
f) The arbitration proceedings shall be conducted in ... (insert language).”


B. Future Disputes (if Ad-hoc)

The following model clause may be adopted by the parties to a contract who wish to refer any future disputes to arbitration in accordance with these Rules:

“Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by online arbitration in accordance with the Jupitice Online Arbitration Rules (“Rules”) or any mutually agreed Third Party Online Arbitration Rules and the award made in pursuance to their shall be binding on the parties.

Note: Parties should consider adding:

a) Jupitice Justice Services Delivery Platform or Jupitice Private Digital Court shall be used to conduct Online Arbitration as Place of Arbitration.
b) The law governing the Arbitration shall be

Or

c) The seat of arbitration shall be ...
d) The number of arbitrators shall be ... (one or three).
e) The arbitration proceedings shall be conducted in ... (insert language).”


C. Existing Disputes (if Administered Arbitration)

Parties to an existing dispute in which neither arbitration clause nor a previous agreement with respect to arbitration exists or in case they have the Arbitration Clause but wish to use Jupitice Online Administered Arbitration Services or Jupitice Justice Delivery Platform for Administered Arbitration Services by any Third Party, may agree to do so in the following terms:

“We, the undersigned, agree to refer to online arbitration administered by Jupitice or Third Party Arbitral Institution under the JUPITICE Administered Online Arbitration Rules or Third Party Administered Online Arbitration Rules or mutually agreed Arbitral Institution, any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to: (Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise)

a) Jupitice Justice Services Delivery Platform or Jupitice Private Digital Court shall be used to conduct Online Arbitration as Place of Arbitration.
b) Jupitice or mutually agreed Arbitral Institution shall Administered the Online Proceedings.
c) The law governing the Arbitration shall be

Or

d) The seat of arbitration shall be ...
e) The number of arbitrators shall be ... (one or three).
f) The arbitration proceedings shall be conducted in ... (insert language).”


D. Existing Disputes (if Ad-hoc)

Parties to an existing dispute in which neither arbitration clause nor a previous agreement with respect to arbitration exists or in case they have the Arbitration Clause but wish to use Jupitice Online Arbitration Services or Jupitice Justice Delivery Platform for Ad-hoc Arbitration Services by any Third Party, may agree to do so in the following terms:

“We, the undersigned, agree to refer to online arbitration under the JUPITICE Online Arbitration Rules or Third Party Online Arbitration Rules or mutually agreed Arbitral Institution, any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to: (Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise)

a) Jupitice Justice Services Delivery Platform or Jupitice Private Digital Court shall be used to conduct Online Arbitration as Place of Arbitration.
b) The law governing the Arbitration shall be

Or

c) The law governing the Arbitration shall be
d) The number of arbitrators shall be ... (one or three).
e) The arbitration proceedings shall be conducted in ... (insert language).”

For parties adopting the UNCITRAL Arbitration Rules, we recommend that they adopt the following:

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled on jupitice arbitration platform in accordance with the UNCITRAL Arbitration Rules for the time being in force.

The arbitration shall be administered by Jupitice- Administered Online Arbitration Rules 2020 ("JUPITICE Rules") in accordance with its Practice Note on UNCITRAL cases.

The appointing authority shall be the President or Vice-President of Jupitice- Administered Online Arbitration.

The number of arbitrators shall be _________________.
The language to be used in the arbitral proceedings shall be ________________.
State an odd number, such as one or three.

In drawing up international contracts, we recommend that parties include the following arbitration clause:

“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the JUPITICE in accordance with the Arbitration Rules of the Jupitice- Administered Online Arbitration Rules 2020 ("JUPITICE Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The parties agree that any arbitration commenced pursuant to this clause shall be conducted in accordance with the Expedited Procedure set out in Article 54 of the JUPITICE Rules.

The seat of the arbitration shall be [________].*
The Tribunal shall consist of _______arbitrator.
The language of the arbitration shall be ________________.

Arb-Med-Arb is a process where a dispute is first referred to arbitration before mediation is attempted. If parties are able to settle their dispute through mediation, their mediated settlement may be recorded as a consent award. The consent award is generally accepted as an arbitral award, and, subject to any local legislation and/or requirements, is generally enforceable in approximately 150 countries under the New York Convention. If parties are unable to settle their dispute through mediation, they may continue with the arbitration proceedings.

Parties wishing to take advantage of this tiered dispute resolution mechanism as administered by Jupitice- Administered Online Arbitration Rules 2020, may consider incorporating the following Arb-Med-Arb Clause in their contracts:

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by Jupitice- Administered Online Arbitration Rules 2020 ("JUPITICE Rules"), in accordance with the Arbitration Rules of the Jupitice- Administered Online Arbitration Rules 2020 ("JUPITICE Rules"), for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The seat of the arbitration shall be [ ].*
The Tribunal shall consist of _________________** arbitrator(s).
The language of the arbitration shall be ________________.

The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Jupitice- Administered Online Arbitration Rules 2020 ("JUPITICE Rules"), in accordance with the Jupitice- Administered Online Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by Jupitice- Administered Online Arbitration and may be made a consent award on agreed terms.

Model Agreement (Existing Disputes)

If a dispute has already arisen but there is neither a Clause nor Agreement between the parties to Arbitrate or Conciliate or Mediate, the parties may enter into an Agreement for those purposes. We recommend the following model agreement may be adopted by the parties to a contract who wish to refer any existing disputes to arbitration or Conciliation or Mediation in accordance with these Rules:

Parties to an existing dispute in which neither an arbitration clause nor a previous agreement with respect to arbitration exists, who wish to refer such dispute to arbitration under the JUPITICE Online Administered Arbitration Rules, may agree to do so in the following terms:

“We, the undersigned, agree to refer to online arbitration administered by Jupitice Case Management Team under the JUPITICE Online Administered Arbitration Rules by using Jupitice Justice Technology Platform, any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to:

(Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise.)

The law of this arbitration agreement shall be …
The seat of arbitration shall be ...
The number of arbitrators shall be ... (one or three).
The arbitration proceedings shall be conducted in ... (insert language).”


Signed: ________________(Claimant)
Signed: ________________ (Respondent)
Date: __________________”

Draft Model Clause(Future Disputes) for Online Arbitration

To adopt Jupitice Online Arbitration Services, we recommend the following model clause may be adopted by the parties to a contract who wish to refer any future disputes to arbitration in accordance with these Rules:

“Any dispute, controversy or claim arising out of or relating to this contract including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by Online Arbitration Administered by Jupitice under in accordance with the Jupitice Online Administered Arbitration Rules (“Rules”) or any other Online Administered Arbitration Rules in force on the date when request for Arbitration is submitted, which Rules are deemed to be incorporated by reference into this Clause and the award made in pursuance to their shall be binding on the parties, by using Jupitice Justice Technology Platform.

The Appointing Authority shall be the Advisory Board of Jupitice.

This Contract is governed by the Laws of ...
The seat of arbitration shall be ...
The number of arbitrators shall be ... (one or three).
The arbitration proceedings shall be conducted in ... (insert language).”