Phoenix Legal Rules

• Arbitration

• Model Arbitration Clause
• Arbitration Rules

• Conciliation

• Model Conciliation Clause
• Conciliation Rules
  

 

• No arbitration or conciliation clause in the agreement

    Arbitration

Model Arbitration Clause

“All disputes, controversies or differences which may arise between the parties hereto out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of Phoenix Legal as at present in force.”

Or

Parties can arbitrate potential disputes by inserting either of the following clauses into their contracts: -

"Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by Phoenix Legal in accordance with its International Arbitration Rules as at present in force."

Or

"Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the Phoenix Legal in accordance with its International Arbitration Rules as at present in force."

            (The parties may agree on other arbitration clauses.)

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    Arbitration Rules*

The arbitration Rules are comprehensive procedural rules for parties to agree for conduct of arbitral proceedings arising out of their commercial relationship and can be used in ad hoc arbitrations as well as administered arbitrations. The Rules cover all aspects of the arbitral process, providing a model arbitration clause, setting out procedural rules regarding the appointment of arbitration and the conduct of arbitral proceedings and establishing rules in relation to the form, effect and interpretation of the award.

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Travaux préparatoires

Other related documents

*UNCITRAL Arbitration Rules 1976 - View here

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    Conciliation

Model Conciliation Clause

“Where, in the event of a dispute arising out of or relating to this contract, the parties wish to seek an amicable settlement of that dispute by conciliation, the conciliation shall take place in accordance with the Phoenix Legal Conciliation Rules as at present in force.”

(The parties may agree on other conciliation clauses.)

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    Conciliation Rules^

The Conciliation Rules are comprehensive procedural rules for parties to agree for conduct of conciliation proceedings arising out of their commercial relationship. The Rules cover all aspects of the conciliation process, providing a model conciliation clause, defining when conciliation is deemed to have commenced and terminated and addressing procedural aspects relating to the appointment and role of conciliators and the general conduct of proceedings. The Rules also address issues such as confidentiality, admissibility of evidence in other proceedings and limits to the right of parties to undertake judicial or arbitral proceedings whilst the conciliation is in progress. 
 
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Travaux préparatoires

^UNCITRAL Conciliation Rules 1980 - View here

No arbitration or conciliation clause in the agreement

On receipt of the Claim then Phoenix Legal will contact the other party, or parties to the dispute  and explain the ADR process to them, and attempt to get their consent to be involved in the process.

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(*Asia Pacific Expertise for Conflict Resolution Centre of APEC University (www.apecuniversity.com))