An alternative to a jurisdiction clause is a compromise clause that could be worded as follows: “Any dispute arising or related to this agreement is definitively settled by one or more arbitrators appointed under these rules, in accordance with the CEPANI arbitration rules” or “Any dispute arising from or relating to this contract, including any matter relating to its existence , validity or termination, is decided by an arbitration procedure according to the rules of the LCIA, the rules are deemed to be inserted in this clause. There are many trained referees with different levels of experience, some with niche skills. It is important to find someone who works on a comfortable budget, and perhaps someone who is trained in the specific area of litigation, such as one with real estate experience, to settle a real estate dispute. Some arbitrators charge a flat fee for a hearing, while others charge hourly rates. Some arbitrators use an arbitrator to arrange the hearing and they can calculate an additional fee or additional hourly rates. If this is a complex case, other costs such as discovery fees, witness fees and potential legal fees may be incurred. As a general rule, the loser of the dispute may be required to pay taxes to conduct the arbitration. But who pays for what is negotiable? Due to the restrictions imposed by the Ukrainian government on the export of agricultural products in 2010, several cases are pending before the courts. In the most recent case, Public Company Rise -v- Nibulon, the Commercial Court had to consider the relationship between the “prohibition clause” in a standard form of GAFTA contract and a specifically negotiated clause requiring the seller to obtain an export licence at his own risk and at his own expense. The Ukrainian government imposed restrictions on grain export quotas that limited the amount of grain that would be allowed to be exported for a period of time.
The sellers (R) were tasked with selling three shipments of Ukrainian maize to buyers (N), but despite their best efforts, they did not obtain export licences, so they claimed to terminate the three contracts in accordance with the prohibition clause (point 17). N considered this a refusal and claimed more than $17 million in late damages. The GAFTA Board of Appeal ruled in favour of N, as R had an absolute obligation to issue export licences and clause 17 was repealed. Had there been a total export ban, the Commission considers that this would have excused the non-compliance with R. but there was no total ban and licences were actually issued for the export of 3 million tonnes of cereals during the relevant period. In the appeal to the Court, the judge held that the terms of a contract should, as far as possible, be read together and there is no inconsistency, unless that can reasonably happen. Although the requirement to obtain export licences was absolute, since it was not only an optimal service obligation, it could nevertheless be qualified by other clauses of the contract.