SVAMC Arbitration Clause Insert
FOR THE APPOINTMENT OF A SVAMC TECH LIST APPOINTEE IN AN ADR PROCEEDING
Silicon Valley Arbitration & Mediation Center (SVAMC) does not administer cases, appoint arbitrators or mediators, or have its own detailed administering rules.
SVAMC offers the following insert for inclusion in an ADR clause where the parties desire the neutral(s) to be selected from the SVAMC List of the World’s Leading Technology Neutrals (“the Tech List”):
“The neutral(s) shall be selected from the Silicon Valley Arbitration & Mediation Center Tech List, unless otherwise impracticable.”
Important: This clause insert should be used only in conjunction with a complete ADR clause; the ADR clause may require specification of applicable institutional rules and other provisions. Many ADR providers offer standard ADR clauses. It is recommended that you consult qualified legal counsel when drafting an ADR clause.
SVAMC Arbitration and Mediation Rules
Silicon Valley Arbitration & Mediation Center (SVAMC) does not administer cases, appoint arbitrators or mediators, or have its own detailed administering rules. In most arbitration agreements, parties specify applicable rules and designate a qualified administering institution.
Important: SVAMC does not recommend utilization of these Rules in ADR agreements. These Rules are provided as a stopgap where parties designate SVAMC rules or administration rather the rules or administration of an administering institution.
SVAMC ARBITRATION & MEDIATION RULE NO. 1
Where parties have referred in an arbitration or mediation agreement to SVAMC rules or administration, or have provided for the appointment of a neutral to be selected from the SVAMC List of the World’s Leading Technology Neutrals (“the Tech List”) without specifying an administering institution or rules, the administration of the proceeding, including the designation of an administering institution by SVAMC, shall be made as follows:
Unless the parties have agreed or agree to a different place of the proceeding, appointment method, administering institution, set of rules or place for the hearing, [a] the place of the proceeding shall be Santa Clara County, California, USA; [b] the neutral(s) shall be selected from the SVAMC Tech List, unless otherwise impracticable; [c] where the parties do not agree on the appointment of any neutrals and have not agreed to any other practical method of appointment, the appointment of a single neutral shall be made by a court in Santa Clara County, California and the appointed neutral shall be selected from the SVAMC Tech List, unless otherwise impracticable; [d] where the parties have not agreed upon the administering institution or have provided for administration by SVAMC, upon the appointment of the neutral(s) agreed by the parties or otherwise appointed by the court, the neutral(s) shall select an administering institution to administer the proceeding and the proceeding shall be conducted in accordance with the selected administering institution’s applicable rules (including with respect to the appointment of any additional neutrals); and [e] the mediation or arbitral hearing shall be conducted in Santa Clara County, California or where otherwise determined to be appropriate in accordance with the selected administering institution’s rules.