It is customary for each party to appoint an arbitrator and for the two arbitrators appointed by the party to then appoint the presiding judge. Rule 7(c) of the JAMS Comprehensive Arbitration Rules and Procedures (”JAMS Arbitration Rules”) requires that arbitrators appointed by the party be ”neutral and independent of the designating party, unless the parties have agreed that they are not neutral.” The following is a clause that effectively provides for arbitrators appointed by the parties: these questions will be answered by considering the dispute settlement clause contained in a contract. Procedural lawyers turn to such clauses as the first step in the examination of a dispute: together with the legal clause in force, they are the basic rules for participation in disputes and each negotiator must consider dispute settlement clauses from this angle when meeting to negotiate. Just because they are at the end of a treaty out of habit does not mean that they should be returned to the end of the list of important provisions. ICC Arbitration can be used as a forum for the final decision of a dispute after an attempt to resolve it by other means such as mediation. Parties wishing to include in their contracts a staggered dispute resolution clause combining ICC arbitration procedure and ICC mediation should refer to the ICC Model Rules of Mediation. Alternative Dispute Resolution (ADR) allows parties to adapt their dispute resolution process. The parties can insert the standard arbitration or mediation clause into their contract and continue to adapt their options clause that control time and costs….

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