IAMC Model Clauses

Model Clause For Arbitration

In the event of any dispute arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, the parties shall refer the same for arbitration to be finally resolved under the administration of International Arbitration and Mediation Centre (“IAMC”) in accordance with the Arbitration Rules of International Arbitration and Mediation Centre (“IAMC Rules”) for the time being in force. The seat of Arbitration shall be ___________________. The Tribunal shall consist of one or more arbitrators appointed in accordance with the said Rules. The language of the arbitration proceedings shall be English. The law governing the arbitration agreement shall be ____________. The law governing the contract shall be ____________.

Model Clause for Mediation / Conciliation

In the event of any dispute arising out of or in connection with the present agreement, the parties shall, in the first instance, refer the dispute to conciliation (also referred to as Mediation) under the IAMC Mediation Rules. Such reference shall be by way of a notice in writing, and will be a notice for the purpose of commencement of conciliation.

The commencement or pendency of conciliation under the IAMC Mediation Rules will not prevent any party from seeking interim relief or reliefs for the purpose of preserving their rights.

If the dispute has not been settled through conciliation under the IAMC Mediation Rules within __________ days following the commencement of conciliation or within such other period as the parties may agree in writing, such dispute shall thereafter be finally resolved through _________.

Model Clause for Med-Arb

In the event of any dispute arising out of or in connection with the present contract, the parties shall first refer the dispute to conciliation (also referred to as Mediation) under the IAMC Mediation Rules. Such reference shall be by way of a notice in writing, which shall also be deemed to be a notice for the purpose of commencement of arbitration. If the dispute is not settled pursuant to the said Rules within 45 days following the filing of a Request for Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be referred to arbitration and finally resolved under the IAMC Arbitration Rules. For the avoidance of doubt, it is clarified that:

a)    all disputes that fall within the scope of arbitration agreement may be resolved in such arbitration; and

b)    even during the pendency of conciliation, parties may seek interim relief or Emergency Measures under the Emergency Arbitrator Provisions in the IAMC Arbitration Rules.

Model Clause for Arb-Med–Arb

In the event of any dispute arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, the parties shall first refer the same for arbitration to be finally resolved under the administration of International Arbitration and Mediation Centre (“IAMC”) in accordance with the Arbitration Rules of International Arbitration and Mediation Centre (“IAMC Rules”) for the time being in force. The seat of Arbitration shall be ___________________. The Tribunal shall consist of one or more arbitrators appointed in accordance with the said Rules. The language of the arbitration proceedings shall be English. The law governing the arbitration agreement shall be ____________. The law governing the contract shall be ____________.

The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at International Arbitration and Mediation Centre (“IAMC”), in accordance with the IAMC Arb-Med-Arb Protocol for the time being in force. Any settlement arrived in respect of some or all their disputes in the course of mediation shall be referred to the arbitral tribunal appointed by IAMC and may be recorded as an arbitration award (interim or final, as the case may be) on agreed terms.