If you ask for help from national courts, it can waste a lot of time and money. In a case dealt with by Al Tamimi & Company in Abu Dhabi, the complainant appealed to the national court to request the appointment of a sole arbitrator and the Tribunal issued a judgment appointing an individual arbitrator in accordance with the arbitration clause referred to in the disputed agreement. The STI agreement stated that the arbitrator should be an arbitrator to be agreed to by the parties. We have pointed out that arbitration clauses will be made before a dispute arises. However, bid agreements are agreements entered into as a result of litigation. Submission agreements are also referred to as “arbitration instruments” and sometimes “mandate” (although, as explained below, an arbitration instrument or mandate is generally established, regardless of whether the agreement is between a submission agreement or an arbitration clause). It then contains the same essential details as an arbitration clause, such as the seat and the number of arbitrators. A filing agreement that does not clearly indicate the details of the dispute referred to arbitration may be set aside at a later date, together with any arbitral award rendered as a result of that dispute. We, the signatory parties, hereby agree that the following dispute will be designated and finally decided by arbitration, in accordance with the WIPO Arbitration Rules: the negotiation and preparation of a bidding agreement raises many of the same considerations as the development of a broader arbitration clause – for example, whether the arbitration proceeding is to be managed by an institution or whether it is to be carried out on an ad hoc basis, What are the applicable arbitration rules: What should be the seat and language of the arbitration and how one or more arbitrators should be chosen. In the context of the dispute in which the parties have the advantage of understanding the issues and amounts in dispute, the parties may be better able to tailor the process to the common objectives or interests of their parties.
In reality, the fact that the parties are necessarily in a contradictory attitude may make it more difficult to reach an agreement than in a normal context, when the arbitration clause is only one clause among others in a complex negotiation. Fortunately, there are standard submission clauses that avoid the need for thorough negotiations. For example, the AAA provides the following default language: “We, the signatory parties, agree to submit to an arbitration proceeding administered by the American Arbitration Association in accordance with its commercial [or other] arbitration rules: [briefly describe]. We also agree that a judgment of a competent court on the arbitral award may be recorded. Unlike a standard arbitration clause that makes arbitration the arbitration procedure the dispute resolution mechanism for all or part of potential future disputes from a given contract, a post-disputed tender or arbitration agreement is entered into by the parties to an existing dispute. In the Submission Agreement, the parties agree to submit only a particular dispute to arbitration. They may do so at the time of the dispute arising, while the parties are negotiating for a solution or even if the dispute is already being actively adjudicated. Since a bidding agreement is defined by the disputed dispute, it usually contains a fairly precise explanation or overview of the dispute that is the subject of arbitration. . .