An arbitration can only take place if there is an arbitration agreement between the parties. We recommend that a dispute resolution clause is included in any business agreement.
The dispute resolution clause shall state the manner in which any dispute between the parties shall be solved.
Where the parties agree to arbitrate any disputes under the SCC Rules, we recommend that the SCC Dispute Resolution Clauses are included in the contract.
The Dispute Resolution Clauses can be found in a number of variations to suit the parties wishes; clauses referring to the Arbitration Rules or the Rules for Expedited Arbitrations only, and various combination clauses giving greater flexibility when the size and character of any dispute is more difficult to predict.
The purpose of the SCC Model Submission Agreement is to facilitate the use of arbitration by parties in on-going disputes, where the parties have not previously agreed on an arbitration clause. Submission agreements are entered into after the dispute has arisen and include a reference to the disputed matter. A model submission agreement is a useful instrument for parties negotiating an existing dispute and exploring arbitration as an alternative to court litigation.