The parties to be able to arbitrate or have their dispute resolved by arbitration or Arbitration Tribunal, both parties must have agreed to arbitrate their dispute either in a clause within the body of the main agreement or in a separate arbitration agreement (the agreement must be in writing)
However after the dispute arises the parties can nevertheless arbitrate their dispute if they agree in writing by a submission agreement that they agree their dispute be resolved by arbitration.
The parties can agree to arbitrate Cross border commercial disputes including:
- Breach of contract
- Agency & Distribution agreement
- Construction Disputes (see International Constructions Contracts and Arbitration)
- International Sale of goods (See international Commercial law (International Sale of Goods)
- Provision of services
Any other commercial dispute the parties have agreed to arbitrate.