International Arbitration Resources

There are a number of recognized arbitration tribunals available for the resolution of international commercial and financial controversies. Each has rules which provide for basic procedural due process in the form of recognizable hearing procedures.

Recognized tribunals include the following entities:

Venue, site, or seat selection by the parties ordinarily controls if it is provided expressly in the terms of the contract. A selection of venue clauses is found below.

American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR)

Clause:

“The place of arbitration shall be Charlotte, Mecklenburg County, State of North Carolina, United States of America.”

Arbitration Institute of the Stockholm Chamber of Commerce (SCC)

The SCC was established in 1917 as a part of the Stockholm Chamber of Commerce. It has achieved widespread recognition as a center of international commercial arbitration.

The SCC permits parties to identify the “seat” of the arbitration which will use its rules.

Clause:

“The parties hereto hereby agree that any arbitration proceeding conducted pursuant to this agreement shall be held in Charlotte, in Mecklenburg County, North Carolina in the United States of America in accordance with the rules of the SCC. “

China International Economic and Trade Arbitration Commission (CIETAC)

Clause:

“The place of arbitration shall be Charlotte, Mecklenburg County, State of North Carolina, United States of America.”

German Institution for Arbitration (DIS)

Clause:

“The place of arbitration is Charlotte, Mecklenburg County, State of North Carolina, United States of America. . . .”

International Centre for Settlement of Investment Disputes [ ICSID ]

The ICSID was created by international convention in 1966 to be a center for the resolution of transnational investment disputes. Parties should consult the ICSID rules regarding venue. Any venue other than Washington, D.C. must be approved by the tribunal and Secretary-General.

Clause:  

“The parties hereto hereby agree that any arbitration proceeding conducted pursuant to this agreement shall be held in Charlotte, in Mecklenburg County, North Carolina in the United States of America. “

International Chamber of Commerce (ICC)

The parties may stipulate in the arbitration clause that:

“The place of arbitration shall be Charlotte, Mecklenburg County, State of North Carolina, United States of America.”

JAMS Arbitration

JAMS Standard Arbitration Clause for International Commercial Contracts:

“Any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of [three arbitrators/one arbitrator]. The place of arbitration will be Charlotte, Mecklenburg County, State of North Carolina, United States of America. The language to be used in the arbitral proceedings will be [language]. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.”

London Court of International Arbitration (LCIA)

Article 16 of the London Court of International Arbitration Rules provides for the “seat” of the arbitration to be agreed upon; however, there are jurisdictional time limits. The “seat” determination must be made before the arbitral tribunal is formed, or it must have approval after formation.

Clause:

“The parties agree that the seat of their arbitration shall be Charlotte in the County of Mecklenburg, North Carolina in United States of America.”

United Nations Commission on International Trade Law (UNCITRAL) – Ad Hoc Arbitration

When the parties do not wish to use a specific institution to administer the arbitration, the parties can still participate in an “ad hoc” arbitration without an institution. The parties must come to an agreement on the selection of arbitrators, arbitral procedures and rules, administrative support and other aspects of the arbitration. Often, parties agree to use the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules by incorporating these rules into the arbitration clause as shown below:

“Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.”

To secure venue in Charlotte, the parties may stipulate:

“The place of arbitration shall be Charlotte, Mecklenburg County, State of North Carolina, United States of America.”