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GUIDELINE

Guideline for Drafting a Form of Agreement for Reference to Three Arbitrators:

Usage:
A Form of Agreement for Reference to Three Arbitrators is employed in legal and commercial contexts when parties wish to resolve disputes through arbitration and agree to appoint a panel of three arbitrators. This agreement outlines the rules, procedures, and responsibilities of the arbitrators. It is often used in complex or high-stakes disputes where multiple perspectives are needed for a fair resolution. Here's a brief guideline:

Header: Include the names of the parties involved, date of the agreement, and the dispute's description.

Arbitrator Selection: Clearly identify the three arbitrators and their qualifications, impartiality, and responsibilities.

Arbitration Procedures: Detail the procedures for initiating arbitration, presenting arguments, gathering evidence, and rendering awards, considering the need for a three-member panel.

Arbitrators' Authority: Define the scope of the arbitrators' authority, their decision-making process, and any limitations or exclusions.

Governing Law: Specify the governing law or jurisdiction for the arbitration agreement.

Confidentiality: Include a confidentiality clause to protect sensitive information discussed during arbitration.

Signature: Ensure that all parties involved sign the agreement.

Common Mistakes to Avoid:

Ambiguity: Ensure the agreement is clear and specific to prevent disputes over its interpretation.
Neglecting Legal Review: Consult legal professionals to ensure compliance with arbitration laws and regulations.
Failure to Define Rules: Specify the rules, timelines, and procedures for arbitration clearly.
Excluding Key Details: Include provisions for cost-sharing, choice of arbitration organization, and venue.
Ignoring Changes: Update the agreement if the dispute's nature or circumstances change.
Drafting a Form of Agreement for Reference to Three Arbitrators is essential for fair and efficient dispute resolution in complex cases. Legal consultation is advisable to create a document that is legally sound, compliant, and tailored to the specific needs and concerns of the parties while ensuring compliance with relevant laws and regulations.

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