Hello dear readers, in this post I am going to present some legal advisory guide about ” How to refer to International Tribunal for Arbitration “
We all know that in International Commercial contracts it is so popular that parties agree to refer their disputes to arbitration. Some times they choose wrong arbitration clause or they do not know how to refer their disputes to the arbitration if there is no arbitration clause.
- Ways to refer a contractual disputes to arbitration
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Generally, there are three ways to refer a International Commercial Dispute to a Arbitration Center.
As what the ACIC ( Arbitration Center of Iran Chamber of Commerce, Industrial and Mines, has written in its arbitration rules, submission of dispute may be done through either ways;
1- Separate arbitration agreement.
2-Arbitration clause in underlying contract. and
3- Actual submission by the claimant and acceptance by the respondent.
These ways are the same for International Tribunals around globe. To ask a arbitral center to hear disputes it is going to be better to take a look on the center’s site or it’s regulations.
For the first two ways, as there is binding agreement for arbitration, the Arbitration Centers surely have jurisdiction, but about the last one, because there is no binding agreement between parties for arbitration, arbitration Centers have to have the respondent acceptance, clearly or implied.
Amir Azarbad – Attorney at Law in International Commercial Disputes.
