Our ADR Rules and Clauses, which is being developed with prominent practitioners, draw on international standards to reinforce our service and reflect the very best of modern practice in alternative dispute resolution.
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Adjudication Clause
"A party to this agreement ("the Referring Party") may at any time communicate, including electronic communication, to the other party of its intention to refer a dispute arising under the contract to adjudication.
The parties (together) may agree on the identity of the adjudicator.
Where an adjudicator is not agreed within 3 days of the said communication the Referring Party shall immediately apply to the Phoenix Dispute Solutions Limited for the nomination of an adjudicator, which nomination shall be communicated to the parties within 5 days of receipt of the application.
Within 5 days of communicating its intention to refer a dispute to adjudication, the Referring Party's shall refer the dispute to the adjudicator.
The adjudicator shall reach a decision within 28 days of referral or such longer period as is agreed by the parties after the dispute has been referred.
The adjudicator may extend the period of 28 days by up to 14 days, with the consent of the referring party.
The adjudicator shall act impartially.
The adjudicator may take the initiative in ascertaining the facts and the law. The decision of the adjudicator is binding until the dispute is finally determined by litigation, by arbitration (if the contract provides for arbitration or the parties otherwise agree to arbitration) or by agreement between the parties.
The adjudicator is not liable for any act or omission in the discharge or purported discharge of his functions as adjudicator unless the act or omission is in bad faith. Any employee or agent of the adjudicator is similarly protected from liability."
Arbitration Act 1996 Arbitration Clause
“The Claimant(s) and the Respondent(s) have agreed that all matters in dispute between them shall be referred to arbitration for final determination in accordance the Arbitration Act 1996 (‘the Act’). The arbitration shall be conducted by a sole arbitrator to be agreed upon by the parties. If the parties are unable to agree upon the identity of an arbitrator within 14 working days from the date of this contract/agreement, the arbitrator shall be appointed and administered by Phoenix Dispute Solutions Limited.”
“Catch All” Dispute Resolution Clause
"The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between senior executives of the parties, who have authority to settle the same. If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the Managing Director of Phoenix. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be [England and Wales]. The arbitration shall be governed by both the [Arbitration Act 1996] and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to Phoenix for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief."
Mediation Clause
"In the event of a dispute arising out of or relating to this agreement, including any question regarding its existence, validity or termination, the parties shall seek settlement of that dispute by mediation in accordance with the Phoenix Mediation Rules, which Rules are deemed to be incorporated by reference into this clause."
Med-Arb Clause
"Any controversy, dispute or claim arising out of or relating to this [contract] or breach thereof shall first be settled through good faith negotiation. If the dispute cannot be settled through negotiation, the parties agree to attempt in good faith to settle the dispute by mediation administered by Phoenix Dispute Solutions Limited. If the parties are unsuccessful at resolving the dispute through mediation, the parties agree to arbitration administered by Phoenix Dispute Solutions Limited pursuant to its Arbitration Rules & Procedures and subject to Phoenix Dispute Solutions Limited’s Minimum Standards of Procedural Fairness. Judgment on the Award may be entered in any court having jurisdiction."
UNCITRAL Rules 1976 Arbitration Clause
“Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as in force at the time of the dispute. The appointing authority shall be the Managing Director of Phoenix Dispute Solutions. The number of arbitrators shall be three (3). If the parties are unable to agree upon the identity of these arbitrators within 90 days from the date of notice of arbitration is filed with Phoenix Dispute Solutions Limited, they shall be appointed by Phoenix Dispute Solutions Limited. The place of arbitration shall be [any place deemed suitable by both parties]. The language(s) to be used in the arbitral proceedings shall be [ any language chosen by the parties or in the absence of such choice, then the language with the closest connection with the dispute].”
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