The Nationwide Academy for Dispute Resolution



HOW TO INCORPORATE NADR ADR CLAUSES INTO CONTRACTS

ADJUDICATION CLAUSE
Any dispute hereafter arising between the contracting parties / any dispute hereafter arising out of or in respect of this agreement (delete as required) to be referred to the
National Association for Dispute Resolution Inc, US [
Nationwide Academy for Dispute Resolution UK Ltd [delete as required]
Nationwide Academy for Dispute Resolution (M) Sdn Bhd [
for adjudication, subject to the relevant Adjudication Rules, Regulations and Codes of Practice of NADR applicable at the time of referral. Unless the parties otherwise agree, adjudication to take place within .......... days (insert the required figure) of referral of the dispute to adjudication. The Adjudication decision to be immediately enforceable and non-binding. The main agreement, and this adjudication clause are governed by ..................................... Law (insert the governing law). The adjudication process is a pre-requisite to arbitration and / or judicial settlement. This adjudication clause is independent of and severable from the main agreement and will remain in force irrespective of whether or not the main agreement is lawfully enforceable. The adjudicator to have full jurisdiction to decide matters in relation to the scope of this adjudication agreement and in relation to the enforceability of the main agreement. The main agreement and this adjudication clause are subject to the jurisdiction of the courts of ................................................................... (insert required jurisdiction). In the event that any provision of this Agreement is invalid, the parties agree that all remaining provisions shall be deemed to be in full force and effect.

ARBITRATION CLAUSE
Any dispute hereafter arising between the contracting parties / any dispute hereafter arising out of or in respect of this agreement (delete as required) to be referred to the
National Association for Dispute Resolution Inc, US [
Nationwide Academy for Dispute Resolution UK Ltd [delete as required]
Nationwide Academy for Dispute Resolution (M) Sdn Bhd [
for arbitration, subject to the relevant Arbitration Rules, Regulations and Codes of Practice of NADR applicable at the time of referral. Unless the parties otherwise agree, arbitration to take place within .......... days (insert the required figure) of referral of dispute to arbitration. The arbitration award to be immediately enforceable and binding. The main agreement, and this arbitration clause are governed by ............................................. Law (insert the governing law). The arbitration process is a pre-requisite to judicial settlement. This arbitration clause is independent of and severable from the main agreement and will remain in force irrespective of whether or not the main agreement is lawfully enforceable. The arbitrator to have full jurisdiction to decide matters in relation to the scope of this arbitration agreement and in relation to the enforceability of the main agreement. The main agreement and this arbitration clause are subject to the jurisdiction of the courts of ........................................................................................ (insert required jurisdiction). In the event that any provision of this Agreement is invalid, the parties agree that all remaining provisions shall be deemed to be in full force and effect.

MEDIATION CLAUSE
Any dispute hereafter arising between the contracting parties / any dispute hereafter arising out of or in respect of this agreement (delete as required) to be referred to the
National Association for Dispute Resolution Inc, US [
Nationwide Academy for Dispute Resolution UK Ltd [delete as required]
Nationwide Academy for Dispute Resolution (M) Sdn Bhd [
for mediation, subject to the relevant Mediation Rules, Regulations and Codes of Practice of NADR applicable at the time of referral. Unless the parties otherwise agree, mediation to take place within .......... days (insert the required figure) of referral of the dispute to mediation. Any agreement arising out of the mediation to be immediately enforceable before any court of law. The main agreement, and this mediation clause are governed by ................................ Law (insert the governing law). The mediation process is a pre-requisite to adjudication, arbitration and or judicial settlement. This mediation clause is independent of and severable from the main agreement and will remain in force irrespective of whether or not the main agreement is lawfully enforceable. The main agreement and this mediation clause are subject to the jurisdiction of the courts of ................................................. (insert required jurisdiction). In the event that any provision of this Agreement is invalid, the parties agree that all remaining provisions shall be deemed to be in full force and effect.

LICENCE
These clauses are the copyright of the International Group of NADR Companies. NADR cordially invites private citizens, corporations and governmental organisations to avail themselves of the services of NADR and hearby licences and authorises the incorporation these clauses, in their entirety, without alteration or amendment in any way whatsoever, into contracts governing relationships with other legal personalities. NADR will work with the parties to draft variations of these clauses tailored to the specific needs of the parties and their industry. Detailed incorporation clauses are contained in each of our ADR systems. Advice and assistance is available on request. These clauses may be used for educational purposes by Universities and other bodies provided they are reproduced without abridgement or alteration. The adoption of these clauses for use by other ADR service providers is strictly prohibited.

Hybrid ADR Clauses and Schemes available on request.




Copyright © NADR 2000, all rights reserved.
Page created at www.nadr.co.uk/background/contracts.php on April 23, 2024.