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 the said Rules."

The following provisions may be added to this clause:

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

CEPANI Model Clause can be found in CEPANI Arbitration Rules (2020) p. 3, available here.

German Institution of Arbitration (DIS)

Model Clause for Arbitration 2018 (English)

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

(2) The arbitral tribunal shall be comprised of [please enter "a sole arbitrator" or "three members"].

(3) The seat of the arbitration is [please enter city and country].

(4) The language of the arbitration shall be [please enter language of the arbitration].

(5) The rules of law applicable to the merits shall be [please enter law or rules of law].

Model Clause for Expedited Arbitration 2018

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

(2) The arbitral tribunal shall be comprised of [please enter "a sole arbitrator" or "three members"].

(3) The seat of the arbitration is [please enter city and country].

(4) The language of the arbitration shall be [please enter language of the arbitration].

(5) The rules of law applicable to the merits shall be [please enter law or rules of law].

(6) The Parties agree that the arbitration shall be conducted as Expedited Proceedings and that Annex 4 of the DIS Arbitration Rules shall apply.

 The DIS Model Clauses are available here.

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

The DIAC Model Clauses are available here.

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."

The ICC Model Clauses are available here.

Hong Kong International Arbitration Centre (HKIAC)

Future Disputes

"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.

**  Optional

Existing Disputes

"We, the undersigned, agree to refer to arbitration under the HKIAC Administered Arbitration Rules in force when the Notice of  Arbitration is submitted 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.

**  Optional

The HKIAC Model Clauses are available here.

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 [    ]."

The LCIA Model Clauses are available here.

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."

*For the avoidance of doubt, it is noted that 'all disputes' also comprises all claims, controversies, and disagreements.

Additionally, various matters may be provided for:

  1. Number of arbitrators:
    "The arbitral tribunal shall be composed of one arbitrator/three arbitrators."
  2. Method of appointment:
    "The arbitral tribunal shall be appointed according to the list procedure."
  3. Place of arbitration:
    "The place of arbitration shall be …………… (city)."
  4. Language:
    "The proceedings shall be conducted in the …………… language."
  5. Measure for decision-making:
    "The arbitral tribunal shall decide as amiable compositeur."
  6. Consolidation:
    "Consolidation of the arbitral proceedings with other arbitral proceedings, as provided for in Article 1046 of the Dutch Code of Civil Procedure and Article 39 of the Arbitration Rules of the Netherlands Arbitration Institute, is excluded."

The NAI Model Clause is available here.

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."

Recommended additions:

The arbitral tribunal shall be composed of three 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 […].

The SCC Model Clauses are available here.

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 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 _________________** arbitrator(s).

The language of the arbitration shall be ________________.

Parties should also include an applicable law clause. The following is recommended:

This contract is governed by the laws of _________________.***

* Parties should specify the seat of arbitration of their choice. If the parties wish to select an alternative seat to Singapore, please replace “[Singapore]” with the city and country of choice (e.g., “[City, Country]”).
** State an odd number. Either state one, or state three.
*** State the country or jurisdiction.

The SIAC Model Clause is available here.

Swiss Arbitration Centre (former SCAI)

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).

The Model Clauses of the Swiss Arbitration Centre are available here.

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 (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by one or three arbitrators appointed in accordance with the said Rules." 

Optional supplementary agreements on:

(1) the number of arbitrators (one or three) (Article 17 Vienna Rules);

(2) the language(s) to be used in the arbitral proceedings (Article 26 Vienna Rules);

(3) the substantive law applicable to the contractual relationship, the substantive law applicable to the arbitration agreement (both Article 27 Vienna Rules), and the rules applicable to the proceedings (Article 28 Vienna Rules);

(4) the applicability of the provisions on expedited proceedings (Article 45 Vienna Rules);

(5) the scope of the arbitrators’ confidentiality (Article 16 paragraph 2) and its extension regarding parties, representatives and experts. 

(6) In case of participation of Russian parties, following addition to the model clause is advisable: 

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 submitted to the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber and shall be finally settled under the Rules of Arbitration (Vienna Rules) of VIAC by one or three arbitrators appointed in accordance with the said Rules.

(7) If parties wish to conduct Arb-Med-Arb proceedings, following addition to the model arbitration clause should be included:

Furthermore, the parties agree to jointly consider, after due initiation of the arbitration, to conduct proceedings in accordance with the Mediation Rules (Vienna Mediation Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber.  Settlements that are generated in such proceedings shall be referred to the arbitral tribunal appointed in the arbitration. The arbitral tribunal may render an award on agreed terms reflecting the content of the settlement (Article 37 paragraph 1 Vienna Rules).

The VIAC Model Clauses are available here.

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.

The Model Clause can be found in UNCITRAL Arbitration Rules (as revised in 2010) p. 28 (Annex), available here.