CIICA Model Arbitration Clause – Existing Dispute(s)
If a dispute has arisen, but there is no agreement between the parties to arbitrate, or if the parties wish to amend a dispute resolution clause to provide for CIICA arbitration, the following clause is recommended:
“Parties hereby agree that the dispute, controversy, difference or claim having arisen between the parties in relation to ________________(Brief description of contract under which disputes, controversies, differences or claims have arisen) shall be referred to and finally resolved by arbitration administered by the Center for International Investment and Commercial Arbitration (CIICA) in accordance with the Arbitration Rules of the Center for International Investment and Commercial Arbitration (“CIICA Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this clause.
“Parties hereby agree that the dispute, controversy, difference or claim having arisen between the parties in relation to ________________(Brief description of contract under which disputes, controversies, differences or claims have arisen) shall be referred to and finally resolved by arbitration administered by the Center for International Investment and Commercial Arbitration (CIICA) in accordance with the Arbitration Rules of the Center for International Investment and Commercial Arbitration (“CIICA Rules”) for the time being in force, 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 [is/shall be] the substantive law of [ ]. “
CIICA Model Arbitration Clause – Future Dispute(s)
For contracting parties who wish to have future disputes referred to arbitration under the CIICA Rules, the following clause is recommended:
“Any dispute, controversy, difference or claim arising out of or in connection with this contract, including any question regarding its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the Center for International Investment and Commercial Arbitration (CIICA) in accordance with the Arbitration Rules of the Center for International Investment and Commercial Arbitration (“CIICA Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this clause.
“Any dispute, controversy, difference or claim arising out of or in connection with this contract, including any question regarding its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the Center for International Investment and Commercial Arbitration (CIICA) in accordance with the Arbitration Rules of the Center for International Investment and Commercial Arbitration (“CIICA Rules”) for the time being in force, 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 [ ].”
CIICA Model Mediation Clause
“In the event of a dispute arising out of or in connection with this contract, including any question regarding its existence, validity, interpretation, performance, breach or termination, the parties shall seek settlement of that dispute by mediation in accordance with the Center for International Investment and Commercial Arbitration (CIICA) Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.”
CIICA Expedited Arbitration Model Clause
“Any dispute, controversy, or claim arising out of or in connection with this contract, including any question regarding its existence, validity, interpretation, performance, breach or termination, shall be submitted to the Center for International Investment and Commercial Arbitration (CIICA) and settled by final and binding arbitration in accordance with CIICA’s Expedited Arbitration Rules.”
CIICA Med-Arb Model Clause
“In the event of any dispute arising out of or in connection with this contract, the parties shall first refer the dispute to proceedings under the Center for International Investment and Commercial Arbitration (CIICA) Mediation Rules. If the dispute has not been settled pursuant to the said Rules within 90 days following the filing of a Request for Mediation or within such other period as the parties agree in writing or if CIICA deems appropriate, such dispute shall be referred to and finally resolved by arbitration under the CIICA Rules, which Rules are deemed to be incorporated by reference into this clause.”