IN THE LIFE OF AN INTERNATIONAL CONTRACT
Before signing a new contract, consult with your legal advisor and consider inserting a standard
clause like the following:
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) (a sole arbitrator). The place of arbitration will be (location). The language to be used in the arbitral proceedings will be (language). Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.
The parties agree that any and all disputes, claims or controversies arising out of or relating to this
Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the arbitration clause set forth above.
During the existence of a contract, evaluate the possible cost and time of applying the existing
dispute resolution clause, consult with your legal advisor and propose to your partner to amend the contract as follows:
In relation to the contract signed on…, Company A and Company B, agree to….
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) (a sole arbitrator). The place of arbitration will be (location). The language to be used in the arbitral proceedings will be (language). Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.
As soon as disputes arise, make the first move. Contact the other party and agree in
writing to the following:
“We, the undersigned parties, hereby agree that the following dispute will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules:
[Brief description of the dispute]
“The place of arbitration will be [location]. The language to be used in the arbitral proceedings will be [language]. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.”
During an ongoing litigation or an arbitration, propose directly to the counterparty or through our Case Manager to schedule a mediation session to attempt to solve the dispute and to cut cost and time. Call our International Case Managers in New York or Rome.