General Arbitration Clauses

Centre Belge d’Arbitrage et de Médiation (CEPANI)

“Any disputes arising out of or in relation with this Agreement shall be finally settled under the CEPANI Rules of Arbitration by one or more arbitrators appointed in accordance with those Rules.”

The following provisions may be added to this clause:

“The arbitral tribunal shall be composed of (one) or (three) arbitrators”
“The seat of the arbitration shall be (town or city)”
“The arbitration shall be conducted in the (…) language”
“The applicable rules of law are (…)”

City Disputes Panel London (CDP)

Potential Disputes

“Any dispute or difference arising out of or in connection with this [Contract] shall be referred to arbitration under the Arbitration Rules of The City Disputes Panel in force at the date the dispute or difference arises.”

Existing Disputes

“A dispute having arisen between AB of .......... and XY of .......... concerning .......... the parties hereby agree to refer that matter to [arbitration/mediation] under the [Arbitration/Mediation] Rules currently in force of The City Disputes Panel.”

German Institution of Arbitration (DIS)

English

“All disputes arising in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law.”

The following points – particularly in the case of a foreign element – should be considered:

- The place of arbitration is ...
- The number of arbitrators is ...
- The language of the arbitral proceedings is ...
- The applicable substantive law is ...

Model clause for arbitration proceedings according to the “Supplementary Rules for Expedited Proceedings”

“All disputes arising in connection with the contract (... description of the contract ...) or its validity shall be finally settled according to the Arbitration Rules and the Supplementary Rules for Expedited Proceedings of the German Institution of Arbitration e.V. (DIS) without recourse to the ordinary courts of law.”

It is recommended to supplement the arbitration clause by the following provisions:

The place of arbitration is ...
The substantive law of ... is applicable to the dispute.
The language of the arbitral proceedings is ...

Model Clauses for arbitration proceedings according to the "UNCITRAL Arbitration Rules"

“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 Administered by the DIS (German Institution of Arbitration).”

Note. Parties should consider adding:

(a) The number of arbitrators shall be ... [one or three];

(b) The place of arbitration shall be ... [town and country];

(c) The language to be used in the arbitral proceedings shall be ... .

Dubai International Arbitration Centre (DIAC)

Model arbitration clause (future disputes)

“Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this contract or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the DIAC Arbitration Rules (“the Rules”), by one or more arbitrators appointed in compliance with the Rules.” 

Model submission agreement (existing disputes)

“Parties [please insert names, addresses of parties] herewith agree to settle their dispute, concerning [please insert an accurate description of the subject matter of the dispute], by arbitration in accordance with the provisions set forth under the DIAC Arbitration Rules (‘the Rules’), by one or more arbitrators appointed in compliance with the Rules.”

Parties are also advised to include the following in their contractual and submission agreements:

The number of arbitrators (1 OR a panel of 3) OR  an authorisation for the Dubai International Arbitration Centre (DIAC) to determine the number of arbitrators and their identities;

  1. Determine the place of arbitration (e.g. “Dubai”) and venue to hold arbitration proceedings (e.g. “premises of the Dubai International Arbitration Centre”);
  2. Determine the language of arbitration (e.g. “English or Arabic”)

International Chamber of Commerce (ICC)  

English

“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.”

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.”

Hong Kong International Arbitration Centre (HKIAC)

Future Disputes

“Any dispute, controversy 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 under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted.

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)."

*Optional

Existing Disputes

“We, the undersigned, agree to refer to arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre 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 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)."

*Optional

London Court of International Arbitration (LCIA)

Future disputes

“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 disputes

“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 […].”

Nederlands Arbitrage Instituut (NAI)

“All disputes arising in connection with the present contract, or further contracts resulting therefrom, shall be finally settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute.”

Additionally, various matters may be provided for:

  • The arbitral tribunal shall be composed of one arbitrator/three arbitrators.
  • The place of arbitration shall be ........... (city).
  • The arbitral procedure shall be conducted in the ........... language.
  • Consolidation of the arbitral proceedings with other arbitral proceedings pending in the Netherlands, as provided in Section 1046 of the Netherlands Code of Civil Procedure, is excluded.

Arbitration Institute of the Stockholm Chamber of Commerce (SCC)

“Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.”

The parties are advised to make the following additions to the arbitration clause, as required:

The arbitral tribunal shall be composed of .......... arbitrators (a sole arbitrator).
The seat of arbitration shall be ..........................
The language to be used in the arbitral proceedings shall be .........................
This contract shall be governed by the substantive law of ........................ (insert jurisdiction).

Singapore International Arbitration Centre (SIAC)

“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.

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

Swiss Chambers’ Arbitration Institution

English

“Any dispute, controversy or claim arising out of, or in relation to, this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules.

The number of arbitrators shall be … (‘one’, ‘three’, ‘one or three’);
The seat of the arbitration shall be … (name of city in Switzerland, unless the parties agree on a city in another country);
The arbitral proceedings shall be conducted in … (insert desired language).“

Vienna International Arbitral Centre (VIAC)

English

“All disputes or claims arising out of or in connection with this contract including disputes relating to its validity, breach, termination or nullity shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or three arbitrators appointed in accordance with the said Rules.”

Possible supplementary agreements:

(1) The provisions on expedited proceedings are applicable;
(2) The number of arbitrators shall be .............. (one or three);
(3) The substantive law of .............. shall be applicable;*)
(4) The language to be used in the arbitral proceedings shall be .............. .

*) In this context, consideration may be given to the possible application or exclusion of the United Nations Convention on Contracts for the International Sale of Goods, 1980.

UNCITRAL Arbitration Rules

“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.”

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 ... .

Possible waiver statement: If the parties wish to exclude recourse against the arbitral award that may be available under the applicable law, they may consider adding a provision to that effect as suggested below, considering, however, that the effectiveness and conditions of such an exclusion depend on the applicable law.

Waiver: The parties hereby waive their right to any form of recourse against an award to any court or other competent authority, insofar as such waiver can validly be made under the applicable law.