𝙎𝙩𝙖𝙣𝙙𝙖𝙧𝙙 𝘼𝙧𝙗𝙞𝙩𝙧𝙖𝙩𝙞𝙤𝙣 𝘾𝙡𝙖𝙪𝙨𝙚 – where the parties agree to submit future disputes to arbitration. It typically specifies the arbitration rules, seat (location), and governing law but is otherwise straightforward.
𝙄𝙣𝙨𝙩𝙞𝙩𝙪𝙩𝙞𝙤𝙣𝙖𝙡 𝘼𝙧𝙗𝙞𝙩𝙧𝙖𝙩𝙞𝙤𝙣 𝘾𝙡𝙖𝙪𝙨𝙚 – Where the disputes are referred to an established arbitration institution (e.g., CIAC, DIAC, SIAC, AAA). The clause specifies the institution’s rules will govern the arbitration process.
𝘼𝙙 𝙃𝙤𝙘 𝘼𝙧𝙗𝙞𝙩𝙧𝙖𝙩𝙞𝙤𝙣 𝘾𝙡𝙖𝙪𝙨𝙚 – The parties agree to arbitration without the involvement of an institution. The arbitration is organized solely by the parties, often with rules set by them or by appointing an arbitrator.
𝑴𝒖𝒍𝒕𝒊-𝑻𝒊𝒆𝒓 𝒐𝒓 𝑬𝒔𝒄𝒂𝒍𝒂𝒕𝒊𝒐𝒏 𝑪𝒍𝒂𝒖𝒔𝒆 – The parties attempt to negotiate, mediate, adopt other forms of dispute resolution before proceeding to arbitration. The goal is to resolve the dispute at earlier stages before invoking arbitration.
𝙎𝙥𝙡𝙞𝙩 𝙤𝙧 𝙃𝙮𝙗𝙧𝙞𝙙 𝘼𝙧𝙗𝙞𝙩𝙧𝙖𝙩𝙞𝙤𝙣 𝘾𝙡𝙖𝙪𝙨𝙚 – The clause allows for certain disputes to be arbitrated, while others may go to court. It specifies which types of disputes are subject to arbitration and which are not.
The parties could mutually tailor the dispute resolution procedures as per their specification and nature of dispute.
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