Dispute Resolution

This is a short document, with a schedule that contains details of the contract and disputes to be mediated.

This agreement contains 6 clauses covering

• appointment of a mediator
• procedure for mediation
• mediator’s fees
• confidentiality
• immunity of mediator
• governing law

You need this document if you want to appoint a mediator to resolve a dispute between yourself and another party to a contract. It is applicable to a range of disputes.

This legal document template is for two parties entering into a contract to agree to appoint an adjudicator for disputes which arise out of that contract.

This concise contract contains 8 clauses covering

• appointment
• adjudication procedure
• fees and payment
• liability
• confidentiality
• termination
• notices
• law and language

A schedule is included, allowing parties to detail the adjudicator’s fees and expenses.

You need this document if you are a party to a disputed contract, and want to appoint an adjudicator to address disputes.

This Arbitration Agreement is designed for use where an employer, main contractor and subcontractor agree to refer disputes arising out of a project to the same arbitrator. It is suitable for international or domestic disputes.

This four page document contains 11 clauses covering

• submission to and purpose of arbitration
• appointment of arbitrator
• place of arbitration
• language
• law
• written pleadings & procedure
• costs
• binding effect
• prior agreements superseded
• settlement
• interpretation

There is also a clause dealing with partial settlement before the arbitration has been completed.

The schedules will contain details of relevant contracts, disputes and matters to be decided by the arbitrator.

You need this document if you are a party to a project dispute, and agree to refer the dispute to an arbitrator for resolution.

This document is designed for use by parties to an existing contract that wish to terminate the contract and release each other from the contract.

In eight clauses the form covers

• termination of original agreement
• full settlement
• release of original agreement and claims
• execution of additional documents
• representations and warranties
• choice of law and dispute resolution
• the scope of the agreement
• modification/waiver
• a general clause detailing notices, governing language, use of headings, severability and counterparts

This form is intended for use in any state in the United States, and makes provision for Section 1542 of the California Civil Code.

You need this document if you are party to a US contract, and want to terminate the contract and release the other party from his contractual obligations.

Alternative Dispute Resolution or ADR is the phrase widely used nowadays to describe a method of resolving disputes without going to court. This free document gives you background information about ADR and arbitration.

Arbitration is a method of settling disputes between parties to a contract without having recourse to the courts.  The clause in the contract which provides for arbitration is usually referred to by lawyers as "the Arbitration Agreement".

If there is no arbitration clause then, unless the parties otherwise agree, in the event of a dispute, either of them may start proceedings in the courts.

In a transaction with no foreign element involved it will not usually be necessary to specify the system of law which is to govern the transaction or the courts which are to have jurisdiction in the event of a dispute.  However, where any one or more of the following foreign elements are involved in a transaction, the parties would be well advised to consider governing law and jurisdiction issues.

This Free download gives guidance on Governing Law and Jurisdiction clauses and usage.

Users of contract templates with an international element will benefit from this guidance. These can include our Chinese Contracts, US documents, Agents and Distributor Agreements, and any others with cross-border application.