Arbitration Proceedings Without Arbitration Clause

Are you considering resolving a commercial dispute with a counterparty for which you did not foresee arbitration?

Do you believe the absence of an arbitration clause could hinder the recourse to arbitration?

Note that arbitration is still possible even without an arbitration clause also including cases where a dispute has already arisen.

Arbitration is an alternative out-of-court dispute resolution process, distinct from Court proceedings.

It is a process in which conflicting parties entrust the resolution of their dispute to an arbitrator or an arbitration panel.

Usually, arbitration is regulated by an arbitration clause, drafted during pre-contractual negotiations, and included into the final contractual agreement between the parties.