Submission Agreements
Far too few parties are aware of submission agreements, which allow parties to submit their dispute to arbitration, even in the absence of an arbitration clause in the underlying contract. If both parties wish to have their international dispute ruled upon in a fast, confidential, and cost-effective manner, they may submit a pending dispute to arbitration using a submission agreement. Below are submission agreements that may be signed by parties in order to have their case heard quickly and efficiently by arbitration, rather than via domestic litigation, after a dispute has arisen. Submitting disputes to arbitration under the UNCITRAL Arbitration Rules often offers the most flexibility, although arbitral institutions can aid in the constitution of arbitral tribunals.
We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the UNCITRAL
Arbitration Rules:
[brief description of the dispute]
The arbitral tribunal shall consist of [a sole arbitrator / three arbitrators].
The place of arbitration shall be [specify town and country].
The language to be used in the arbitral proceedings shall be [specify language].
The dispute referred to arbitration shall be decided in accordance with the law of [specify jurisdiction].
UNCITRAL Arbitration Submission Agreement
We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally settled under the Rules of Arbitration of the International Chamber of Commerce:
[brief description of the dispute]
The arbitral tribunal shall consist of [a sole arbitrator / three arbitrators].
The place of arbitration shall be [specify town and country].
The language to be used in the arbitral proceedings shall be [specify language].
The dispute referred to arbitration shall be decided in accordance with the law of [specify jurisdiction].
We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally resolved by arbitration under the LCIA Rules:
[brief description of the dispute]
The arbitral tribunal shall consist of [a sole arbitrator / three arbitrators].
The place of arbitration shall be [specify town and country].
The language to be used in the arbitral proceedings shall be [specify language].
The dispute referred to arbitration shall be decided in accordance with the law of [specify jurisdiction].