These are only the fundamental issues that the parties wish to address in the filing agreement and, as with any compromise clause, they may contain many other characteristics that are appropriate to their litigation. However, as stated in the next section, parties should be cautious about the additional functions they might wish to include. To compare answers to important questions related to arbitration agreements in jurisdictions around the world, please consult our international comparison tool. A clause that is missing from one of these aspects may be unusable or allow the other party to delay the proceedings as long as the ambiguity is resolved. For example, if the clause does not establish the number of arbitrators and does not agree on this issue, it must be determined by the institution that manages the arbitration procedure) or, if the parties have not agreed on an institution, the headquarters courts. A bid agreement is less widespread than a compromise clause. Because they are prepared after the conflict, they are generally much longer than a compromise clause. A bid agreement will contain details of the dispute and issues between the parties, and will record that it will be referred to arbitration. However, the WIPO Centre recognizes that the parties may prefer the clauses and bidding agreements relating to WIPO`s standard arbitration settlement in some complex film and media disputes. WIPO`s standard arbitration regulations provide for longer delays and the possibility of appointing a three-member arbitration tribunal. Once the parties have opted for standard WIPO arbitration in a film and media dispute, the WIPO Centre continues to make its list of WIPO arbitrators available for film and media, from which the parties can choose arbitrators. However, given the application of WIPO`s standard arbitration regulation, the standard pricing plan applies in such cases. (c) an arbitration agreement must be concluded in writing.
An agreement is written if it appears in a document signed by the parties or in a means of correspondence, telex, telegram or other means of telecommunications that provide a record of the agreement, or in an exchange of claims and declarations of defence in which the existence of an agreement is alleged by one party and not disputed by another. Many trade agreements have now incorporated a compromise clause. The clause regulates the method of resolving future disputes. As a general rule, these are standard clauses provided by the institution with which the parties have agreed to manage the future litigation. These clauses should at least provide details on (a) the arbitration rules governing the proceedings and, if so, the body responsible for managing the process; the seat or legal place of arbitration, the number of arbitrators and the language of arbitration. Arbitration has many advantages for dispute resolution, particularly in today`s global environment. While the parties generally have access to these benefits by inserting a compromise clause into a contract that requires them to settle future disputes, the parties may also decide to settle existing disputes that are not subject to a compromise clause by entering into a filing agreement. This article explains why the parties want it and practical advice on how to do it effectively.