Arbitration is a private agreement between parties to resolve their dispute outside of the court system. Since the substantive rights and obligations of the parties stem from the contract, a poorly drafted arbitration clause can undermine the smooth progress of arbitration and give rise to disputes over and beyond the substantive dispute between the parties.
Parties to commercial transactions should always include a well-drafted arbitration clause. The DRA encourages parties to consider using the model clause provided in this section.
DRA Model Arbitration Clause – General Application
“Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Saint Lucia before one arbitrator. The arbitration shall be administered by the Dispute Resolution Association Incorporated pursuant to its UNCITRAL Model Rules (as revised in 2010). This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from the court of Saint Lucia.”
DRA Model Arbitration Clause – Fast Track Arbitration Panel
“Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Saint Lucia before one arbitrator. The arbitration shall be administered by the Dispute Resolution Association Incorporated pursuant to the Fast Track Arbitration Rules. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from the court of Saint Lucia.”