“Laws of England and Wales. In the event of a dispute between the parties under this agreement, the parties will endeavour to resolve the matter initially through Swiss arbitration. If there is no decision, the English courts are not exclusively competent. Arbitration agreements are everywhere these days, and there is a good chance that you have signed a few without realizing it. You may have agreed to settle disputes if you clicked “Accept” a software license or purchased ordinary goods or services. In order to reduce costs and improve the efficiency of dispute resolution, companies often require their clients and employees to sign an arbitration agreement. Unfortunately, but because arbitration clauses often appear as a “fine impression” in long standard contracts, people often sign arbitration agreements without realizing that they are doing so. Arbitration guidelines are generally as follows, write Sarah Rudolph Cole and Kristen M. Blankley in their chapter, “Arbitration,” in the Dispute Resolution Manual (Jossey-Bass, 2005). The parties jointly appoint an arbitrator on a list provided by an arbitration panel.
The arbitration process takes place in a private conference room in a public courtroom. The arbitrator begins to present the ground rules; then each party makes an opening statement, or its lawyers do so. Second, each party presents its evidence and, if necessary, brings in witnesses to support its assertions. During this period, the arbitrator may ask questions to clarify his understanding of the issues (for more information on the pros and cons of arbitration versus mediation as a dispute resolution procedure, see also Arbitration vs. Mediation and the out-of-court dispute resolution (ADR) process). “In the case of disputes or claims arising from or related to this LTC or related to it,… The parties first try to resolve the dispute or application in a friendly discussion. Each party may inform the other party of their desire to hold consultations to resolve a dispute or application. If no solution can be found between the parties for a continuous period of 4 (four) weeks, then the non-failing party can refer the compromise clause and refer the disputes to arbitration proceedings. Mr. Benedetti applied for a stay of proceedings submitted by Kruppa under Section 9 of the Arbitration Act 1996. The main issue on which Mr.
Justice Cooke was to decide was whether or not the clause in question constituted an arbitration agreement within the meaning of the law.