Adr Draft

AN ARBITRATION AGREEMENT SAMPLE1
This agreement is prepared as a sample agreement by taking possible circumstances into

considerations and the parties may form their arbitration agreement pursuant to the
Rules
1. This arbitration agreement is made between ABC and PQR residing at the address of ABC
and the parties who have enacted the Agreement, hereinafter shall be referred to as THE
PARTIES.
(The address and titles of both parties shall be written in the blank spaces, if the contract is
signed by a real person (sole proprietorship), then the name and surname of that person shall
be written.)
2. The parties have agreed on the settlement of any dispute arising out of or in connection with
the clients dated 20/4/2024 subjected Agreement by arbitration through the TOBB Arbitration
Council in accordance with the TOBB Arbitration Rules.
The parties, by reading the Rules, shall declare that they have accepted to comply with its
terms, obligations and consequences beforehand.
(It is required for the parties to clearly state the subject and date of the agreement of which the
parties would like to seek the settlement of any dispute arose out through the TOBB Arbitration
process, within the blank spaces. If there are more than one commercial agreement between
the parties, then they should prepare and sign a separate arbitration agreement for each of
them.)
3. The parties have decided to have the arbitration conducted at Delhi
(The parties shall write the name of the city as the place of arbitration in this section, if they
wish. the Arbitration Council shall determine the place of arbitration, if there is no such
determination of the parties.)
4. The parties have agreed on INDIAN LAW as the applicable law to this arbitration.
(This article is important for the disputes arising out of international commercial agreements.
The parties shall state the name of the country, if they agree on whose law be applicable. If
there is no such agreement on this matter, then the arbitrator(s) shall, by himself, determine the
law to be applied. It is natural to apply the Turkish Law to the arbitration between the Turkish
companies.)
5. The parties each undertake to pay half of the arbitration expenses that shall be notified
subsequent to filing the suit before the TOBB Arbitration Council as an advance payment. Each
party also undertakes to pay his share of the total expenses determined within the Arbitral
Award approved by the Council.
1
An example of the Arbitration Clause that will be placed in the commercial agreements has been shown in the section on “Introduction
to TOBB Arbitration” in this book.
In the case where the defendant does not pay half of the advance payment, then the claimant
shall be obliged to pay the total advance payment amount.
6. It is determined by the parties that disputes shall be settled by BOTH arbitrator(s).
(The above blank space, depending on the disputes settled by a sole arbitrator or more than one
arbitrator, shall be filled accordingly.)
OPTIONAL TERMS
7. a) The parties have agreed on the appointment of a sole arbitrator by the TOBB Arbitration
Council.
(This article shall be included, if the parties agree on the disputes settled by a sole arbitrator
and who is appointed by the TOBB Arbitration Council.)
7.b) The parties have nominated, as the sole arbitrator, MR. T residing at the address of DELHI
However, in the case where the sole arbitrator is not approved by the TOBB Arbitration
Council, then the parties accept that the arbitrator shall be appointed by the Council.
(This article shall be included in the case of an agreement between the parties for the sole
arbitrator beforehand.)
7.c) The parties accept to nominate the sole arbitrator by themselves within 30 days from the
notification of the arbitration request to the defendant and the appointment of the sole arbitrator
by the Council if the parties cannot agree on the nomination of the sole arbitrator or in the case
where the nomination of the sole arbitrator by the parties is not approved by the Council.
(The provision within this article may be included in the agreement when the parties leave the
appointment of the sole arbitrator until after the dispute occurs.)
8.a)The parties accept to have one of the 3 arbitrators to be nominated by the claimant in its
petition of arbitration request and the second arbitrator to be nominated by the defendant in its
response and the third arbitrator to be selected by these two arbitrators within 15 days;
The appointment of the arbitrators by the Council if the claimant or the defendant does not state
the name of its arbitrator or if they leave the nomination of the arbitrators to the Council;
The appointment of the third arbitrator by the Council, when the parties’ arbitrators do not
nominate the third arbitrator within 15 days.
(This article may be included in the agreement in the cases where it is envisaged that the
disputes be settled by three arbitrators and the appointment of the two arbitrators by the
claimant and the defendant, and the third arbitrator by the parties’ arbitrators.)
8. b) The parties accept to have one of the 3 arbitrators to be nominated by the claimant in its
petition of arbitration request and the second arbitrator to be nominated by the defendant in its
response and the third arbitrator to be nominated by the Council;
The arbitrators appointed by the Council in the cases where the plaintiff or the defendant does
not nominate an arbitrator or if they leave the appointment of the arbitrators to the Council.
(This article may be included in the agreement in the cases where the appointment of the third
arbitrator is left to the TOBB Arbitration Council).
8.c) The parties agree upon the appointment of all three arbitrators by the TOBB Arbitration
Council.
(This article shall be included if the appointment of three arbitrators is completely left to the
TOBB Arbitration Council.)
9. The parties accept to sign the Terms of Reference to be drawn up in the presence of the
arbitrator(s) upon the invitation of the arbitrator (or the Chairman of the Arbitral Tribunal), that
the arbitration procedures shall still continue without interruption and be effectual even if they
abstain from signing it, and the abstention of either one or both parties from signing the Terms
of Reference shall not affect the validity of the Arbitral Award.
10. The parties undertake to pay the arbitration expenses in accordance with the TOBB
Arbitration Rules in the case of the reconciliation of the parties or the claimant waiving his
claim after the dispute is submitted to the TOBB Arbitration.
11. We hereby undertake to accept and to comply with the provisions of this arbitration
agreement comprising 10 articles as above.
On behalf of On behalf of
____________ ___________
____________ ___________
(It is necessary for the parties to include the list of the authorized signatures showing the
authority for representation and to sign.)

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AN ARBITRATION AGREEMENT SAMPLE1

This agreement is prepared as a sample agreement by taking possible circumstances into

3. The parties have decided to have the arbitration conducted at Delhi

6. It is determined by the parties that disputes shall be settled by BOTH arbitrator(s).

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