Is Arbitration possible without inserting clause in the arbitration contract? In actual, the required will (or consent to arbitration) is often. However, it is not always encompassed in the contract concluded between parties in the form of an arbitration clause.

Despite many potential advantages of arbitration as compared to litigation, after failing to insert such a clause in their contract, parties tend to resolve their disputes by resorting to other fora (State courts). The parties need to be aware about different forms of arbitration agreements to know that arbitration remains possible in the absence of an arbitration clause.

Different forms of the arbitration agreement are

1. The first form is an arbitration clause included in the main contract concluded between parties, which anticipate resolution of all potential disputes through arbitration.
2. Submission agreement is the second form of the arbitration and concluded for the purposes of a specific dispute, after such a dispute has already arisen. This submission agreement allows the parties wishing to avoid State litigation to commence arbitration without an arbitration clause.

Once a dispute has arisen, parties face many practical difficulties in agreeing to arbitration. Since the breaching party may wish to postpone the resolution of a dispute indefinitely, thus it is not always an easy matter to convince a business partner to agree to arbitration after a dispute has arisen.

In order to avoid lengthy court proceedings that are neither party’s interest, it is often in the interests of both parties to agree to arbitration once a dispute has arisen. Even more, many businessmen have managed to secure an agreement to submit to a dispute to arbitration, after a dispute has arisen, by making the offer to arbitration more palatable: for instance by suggesting mediation, to be followed by arbitration only if mediation is unsuccessful.

To learn more, feel free to visit https://www.international-arbitration-attorney.com/.