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Arbitration clause

术语含义 Arbitration clause

Contractual or non-contractual agreement accepted by the parties when concluding an international commercial contract, which specifies the issues settlement of possible disputes arising between the parties in the performance of the contract.

The arbitration clause must be worded in such a way that the issues of settlement of a possible dispute: pre-arbitration procedure or claim procedure settlement and the subject of the dispute (indication of a contract or other agreement of the parties), material
the law applicable to the dispute between the parties (or civil law, which includes itself also civil procedural legislation, in terms of regulating the filing of a claim),
seat of arbitration, body or entity having the right to hear a dispute (including the type of arbitration), the number of arbitrators, the language of the arbitration and the language of the documents presented to the arbitrators and the parties. Indication of the regulations in accordance with which they will be appointed
arbitrators and deal with disputes. The arbitration clause is autonomous in nature, i.e. this section contract has an independent legal character, regardless of whether the contract is recognized valid or not. This is an important principle of international commercial law.

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