Model Clauses

(1) United Nations Commission on International Trade Law (UNCITRAL)Model arbitration clause for contracts:Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules.

Note. Parties should consider adding: (a) The appointing authority shall be . . . [name of institution or person]; (b) The number of arbitrators shall be . . .. [one or three]; (c) The place of arbitration shall be . . . [town and country]; (d) The language to be used in the arbitral proceedings shall be . . . http://www.pca-cpa.org/showpage.asp?pag_id=1190.(2) Singapore International Arbitration Centre (SIAC)

SIAC Model Clause

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The Tribunal shall consist of _________________* arbitrator(s).

The language of the arbitration shall be ________________.

*State an odd number. Either state one or state three.

SIAC Model Clause for Contracts with PRC Parties [Im assuming this means Peoples Republic of China]

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The seat of the arbitration shall be Singapore.

The Tribunal shall consist of _________________(1 or 3) arbitrator(s).

The language of the arbitration shall be ________________.

Applicable Law

The applicable law clause should be drafted under legal advice. The following is a simple model clause:

This contract is governed by the laws of _________________*.

State the country or jurisdiction

(http://www.siac.org.sg/model-clauses/siac-model-clause)

(3) Hong Kong International Arbitration Centre (HKIAC)The following model clause may be adopted by the parties to a contract who wish to refer any future disputes to arbitration in accordance with these Rules:Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.The law of this arbitration clause shall be ... (Hong Kong law). *The seat of arbitration shall be ...(Hong Kong).The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in ...(insert language). **

Note:*Optional. This provision should be included particularly where the law of the substantive contract and the law of the seat are different. The law of the arbitration clause potentially governs matters including the formation, existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration clause and identities of the parties to the arbitration clause. It does not replace the law governing the substantive contract.**OptionalParties to an existing dispute in which neither an arbitration clause nor a previous agreement with respect to arbitration exists, who wish to refer such dispute to arbitration under the HKIAC Administered Arbitration Rules, may agree to do so in the following terms:We, the undersigned, agree to refer to arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to:(Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise).The law of this arbitration agreement shall be (Hong Kong law). *The seat of arbitration shall be ... (Hong Kong).The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in ... (insert language). **Signed:_________ (Claimant)Signed: _________ (Respondent)Date: ___________

Note:*Optional. This provision should be included particularly where the law of the substantive contract and the law of the seat are different. The law of the arbitration clause potentially governs matters including the formation, existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration clause and identities of the parties to the arbitration clause. It does not replace the law governing the substantive contract.**OptionalArbitration administered by HKIAC under the UNCITRAL Rules:

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of International Arbitration.

*The law of this arbitration clause shall be ... (Hong Kong law).

The place of arbitration shall be ...(Hong Kong).

**The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in ...(insert language).

Notes:*Optional. This provision should be included particularly where the law of the substantive contract and the law of the seat are different. The law of the arbitration clause potentially governs matters including the formation, existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration clause and identities of the parties to the arbitration clause. It does not replace the law governing the substantive contract.**Optional

Ad hoc arbitration under the UNCITRAL Rules:

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted.

*The law of this arbitration clause shall be ... (Hong Kong law).

The appointing authority shall be (Hong Kong International Arbitration Centre).

The place of arbitration shall be ...(Hong Kong).

**The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in ...(insert language).

Note:

*Optional. This provision should be included particularly where the law of the substantive contract and the law of the seat are different. The law of the arbitration clause potentially governs matters including the formation, existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration clause and identities of the parties to the arbitration clause. It does not replace the law governing the substantive contract.

**Optional

Domestic Arbitration:

Any dispute or difference arising out of or in connection with this contract shall be referred to and determined by arbitration at Hong Kong International Arbitration Centre and in accordance with its Domestic Arbitration Rules.

(http://www.hkiac.org/en/arbitration/model-clauses (4) London Court of International Arbitration (LCIA)Future disputesFor contracting parties who wish to have future disputes referred to arbitration under the LCIA Rules, the following clause is recommended. Words/spaces in square brackets should be deleted/completed as appropriate.Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.The number of arbitrators shall be [one/three].The seat, or legal place, of arbitration shall be [City and/or Country].The language to be used in the arbitral proceedings shall be [ ].The governing law of the contract shall be the substantive law of [ ].

Existing disputesIf a dispute has arisen, but there is no agreement between the parties to arbitrate, or if the parties wish to vary a dispute resolution clause to provide for LCIA arbitration, the following clause is recommended. Words/spaces in square brackets should be deleted/completed as appropriate.A dispute having arisen between the parties concerning [ ], the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules.The number of arbitrators shall be [one/three].The seat, or legal place, of arbitration shall be [City and/or Country].The language to be used in the arbitral proceedings shall be [ ].The governing law of the contract [is/shall be] the substantive law of [ ].

http://www.lcia.org/Dispute_Resolution_Services/LCIA_Recommended_Clauses.aspx

(5) American International Commercial Arbitration Court (AICAC)

Arbitration clauses that establish the competence of the AICAC for the consideration of disputes relating to the the parties' execution of contractual obligations or obligations arising from civil legal and labor relations, may be recorded in contracts (agreements) or in separate arbitration agreements, formally concluded by the parties to disputes.()The AICAC encourages all interested parties in order to fix an indisputable competence of the Arbitration Court for the consideration of possible disputes between them, to formulate the arbitration clause or agreement in the forms as close as possible to the proposed in this article of Regulations model arbitration clauses.Arbitration clauses or agreements that define the competence of the AICAC for considering disputes, in accordance with rules established by these Regulations may be drawn up and documented in any commonly known language, which allows the Arbitration Court and other interested persons to unmistakably understand the contents of the arbitration clause or agreement, without the need to involve rare (exclusive) specialists in the process of translation.The below proposed model arbitration clauses, according to the will of the interested parties, can be corrected by fixing additional or concertizing information in the following basic parameters: a) number of arbitrators, b) actual place of arbitration, c) language (s) of arbitration, d) applicable substantive law (the law regulating the contract), and e) distribution of arbitration fees between the parties.Effects of arbitration clauses of any of the types specified by these Regulations, if executed officially by the parties, does not depend on the contracts in which they may be included or in connection with which may be fixed in separate agreements.

1. Abbreviated arbitration clause containing a reference to the AICAC Regulations:Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement, shall be finally settled in American International Commercial Arbitration Court (LLC) in accordance with its Regulations.

2. Abbreviated arbitration clause containing a reference to UNCITRAL Arbitration Rules:Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement, shall be finally settled in American International Commercial Arbitration Court (LLC) in accordance with UNCITRAL Arbitration Rules

3. Full arbitration clause containing a reference to the AICAC Regulations:Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement, shall be finally settled in American International Commercial Arbitration Court (LLC) in accordance with its Regulations. The proper law of the contract the substantive law ______. Number of arbitrators - _____. Place of arbitration - _______. Language of arbitration proceeding - ________

4. Full arbitration clause containing a reference to UNCITRAL Arbitration Rules:Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement, shall be finally settled in American International Commercial Arbitration Court (LLC) in accordance with UNCITRAL Arbitration Rules. The proper law of the contract the substantive law ______. Number of arbitrators - _____. Place of arbitration - _______. Language of arbitration proceeding - ________.

5. Arbitration clause for a remote consideration of a dispute based on actually provided documents containing a reference to the AICAC Regulations:Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement, shall be finally remotely settled in American International Commercial Arbitration Court (LLC) in accordance with its Regulations based on documents provided by the parties.

6. Arbitration clause for a remote consideration of a dispute based on actually provided documents containing a reference to UNCITRAL Arbitration Rules:Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement, shall be finally remotely settled in American International Commercial Arbitration Court (LLC) in accordance with UNCITRAL Arbitration Rules based on documents provided by the parties.

7. Abbreviated arbitration clause on application of the mediation procedure containing a reference to the AICAC Regulations:Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement (hereinafter - the disputes) shall be referred for settlement by means of the mediation procedure to Joint Mediation Council of International Union of Commerce and Industry (UK) and American International Arbitration Court (USA). In case the disputes are not settled through mediation, they shall be referred toAmerican International Commercial Arbitration Court (LLC)to be finally settled in accordance with its Regulations by one or more arbitrators appointed in accordance with these Regulations.

8. Abbreviated arbitration clause on application of the mediation procedure containing a reference to UNCITRAL Arbitration Rules:

Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement (hereinafter - the disputes) shall be referred for settlement by means of the mediation procedure to Joint Mediation Council of International Union of Commerce and Industry (London) and American International Arbitration Court (USA). In case the disputes are not settled through mediation, they shall be referred to American International Commercial Arbitration Court (LLC) to be finally settled in accordance with UNCITRAL Arbitration Rules by one or more arbitrators appointed in accordance with these Rules.

9. Full arbitration clause on application of the mediation procedure containing a reference to the AICAC Regulations:Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement (hereinafter - the disputes) shall be referred for settlement by means of the mediation procedure to Joint Mediation Council of International Union of Commerce and Industry (UK) and American International Arbitration Court (USA). In case the disputes are not settled through mediation, they shall be referred to American International Commercial Arbitration Court (LLC) to be finally settled in accordance with its Regulations by one or more arbitrators appointed in accordance with these Regulations. The proper law of the contract the substantive law ______. Number of arbitrators - _____. Place of arbitration - _______. Language of arbitration proceeding - ________.

10. Full arbitration clause on application of the mediation procedure containing a reference to UNCITRAL Arbitration Rules:Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement (hereinafter - the disputes) shall be referred for settlement by means of the mediation procedure to Joint Mediation Council of International Union of Commerce and Industry (UK) and American International Arbitration Court (USA). In case the disputes are not settled through mediation, they shall be referred to American International Commercial Arbitration Court (LLC) to be finally settled in accordance with UNCITRAL Arbitration Rules by one or more arbitrators appointed in accordance with these Rules. The proper law of the contract the substantive law ______. Number of arbitrators - _____. Place of arbitration - _______. Language of arbitration proceeding - ________.

11. The arbitration clause on intermediary of the AICAC in the organization of ad hoc arbitration:Any disputes, controversies, claims or demands arising from this agreement or relating to it, as well as related to the execution, breach, termination or invalidity of the agreement shall be referred for ad hocarbitration settlement, organized and conducted through intermediary of American International Commercial Arbitration Court (LLC) in accordance with its Regulations and Regulation On the procedure of organization and conduct of ad hoc arbitral proceedings

http://court-inter.us/node/38

(6) Philippine Dispute Resolution Center Inc. (PDRC)NEW ARBITRATION RULES Section I. Introductory Rules MODEL ARBITRATION CLAUSEAny dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the PDRCI Arbitration Rules as at present in force.

Note - Parties may wish to consider adding:(a) The appointing authority shall be ... (name of institution or person);(b) The number of arbitrators shall be ... (one or three);(c) The place of arbitration shall be ... (town or country);(d) The language(s) to be used in the arbitral proceedings shall be...(language)http://www.intracen.org/Model-Clause-Philippine-Dispute-Resolution-Center-Inc-of-the-Philippine-Chamber-of-Commerce-and-Industry/(7) Construction Industry Arbitration Commission (CIAC)Not sure if this is the official form, see 2nd page:http://philconstruct.com/docs/downloads/CIAP%20DOCS/CIAC%20ARBITRATION%20GUIDELINES/CIAC%20ARBITRATION%20FORMS.pdf

(8) International Chamber of Commerce (ICC)ArbitrationAll disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

If the parties do not want the Emergency Arbitrator Provisions of the 2012 Rules (see the page explaining the Emergency Arbitrators Provisions)to apply, they must expressly opt out by using the following arbitration clause:Arbitration without emergency arbitrator

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The Emergency Arbitrator Provisions shall not apply.

The parties may also wish to stipulate in the arbitration clause: the law governing the contract; the number of arbitrators; the place of arbitration; and/or the language of the arbitration.In principle, parties should also always ensure that the arbitration agreement is in writingandcarefully and clearly drafted.Adaptation of the clauses to particular circumstancesThe standard clause can be modified in order to: Take account of the requirements of national laws and any other special requirements that the parties may have. In particular, parties should always check for any mandatory requirements at the place of arbitration and potential place(s) of enforcement.For example, it is prudent for parties wishing to have an ICC arbitration in Mainland China to include in their arbitration clause an explicit reference to the ICC International Court of Arbitration.The following language is suggested for this purpose:All disputes arising out of or in connection with the present contract shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

Make special arrangements where the contract or transaction involves more than two parties Combine several ICC dispute resolution serviceshttp://www.iccwbo.org/products-and-services/arbitration-and adr/arbitration/standard-icc-arbitration-clauses/