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CHECKLIST FOR DRAFTING ARBITRATION CLAUSES: COMMON ISSUES TO NOTE
An arbitration clause directly impacts dispute resolution. Learn 5 common drafting mistakes and explore a model arbitration clause for businesses.
AMBIGUOUS ARBITRATION CLAUSES: INSIGHTS FROM DISPUTE RESOLUTION PRACTICE
An ambiguous arbitration agreement may be understood as an agreement in which the parties have expressed their intention to resolve disputes through arbitration, but the wording, language, or content of the agreement is contradictory, insufficiently clear, lacking in transparency, or omits essential elements necessary to identify the applicable form of arbitration or a specific arbitral institution.
WHY SHOULD BUSINESSES ESTABLISH AN ARBITRATION CLAUSE FROM THE CONTRACT FORMATION STAGE?
Commercial arbitration operates based on the voluntary agreement of the parties. Therefore, the jurisdiction of commercial arbitration arises entirely from the parties’ agreement. The arbitration agreement is the legal basis giving rise to the arbitral tribunal’s authority over a specific dispute. The 2010 Law on Commercial Arbitration affirms that: “Disputes shall be resolved by arbitration if the parties have an arbitration agreement.”
STATEMENT OF DEFENSE OF THE RESPONDENT IN ARBITRATION PROCEEDINGS AT MCAC
In commercial arbitration proceedings, the Statement of Defense is one of the key documents presenting the respondent’s position, arguments, and legal grounds in response to the claimant’s claims. This is not only a procedural right but also an important basis for the Arbitral Tribunal to fully consider the parties’ opinions before rendering an award.
COUNTERCLAIMS IN ARBITRATION PROCEEDINGS: CAN THE RESPONDENT “SUE BACK” THE CLAIMANT?
In the process of resolving disputes through commercial arbitration, many respondents believe that they are merely in the position of being sued and may only provide responses or objections to the claimant’s claims. However, under the law and the Arbitration Rules, respondents are fully entitled to bring claims against the claimant through a Counterclaim.
IDENTIFICATION OF TYPES OF ARBITRATION AGREEMENTS IN PRACTICE
A guide to identifying types of arbitration agreements in practice. Learn the detailed distinction between arbitration clauses and independent agreements.