SAMPLE ARBITRATION CLAUSES BY COUNTRY
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1 SAMPLE ARBITRATION CLAUSES BY COUNTRY AUSTRALIA... 2 Australian Centre for International Commercial Arbitration Clause... 2 Institute of Arbitrators & Mediators Australia Commercial Arbitration Clause... 2 CANADA... 3 ADR Institute of Canada Inc. Arbitration Clause... 3 HONG KONG SPECIAL ADMINISTRATIVE REGION... 4 Hong Kong International Arbitration Centre Clause... 4 INDIA... 5 Indian Institute of Arbitration & Mediation Arbitration Clause... 5 NEW ZEALAND... 6 Arbitrators' and Mediators' Institute of New Zealand Inc. Arbitration Clause... 6 PHILIPPINES... 7 Philippine Dispute Resolution Center, Inc UNITED KINGDOM... 8 London Court of International Arbitration Clause... 8 UNITED STATES... 9 American Arbitration Association Standard Commercial Arbitration Clause... 9 JAMS Standard Commercial Arbitration Clause... 9
2 AUSTRALIA Australian Centre for International Commercial Arbitration Clause Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia [or choose another city]. The language of the arbitration shall be English [or choose another language]. The number of arbitrators shall be one [or three, or delete this sentence and rely on Article 8 of the ACICA Arbitration Rules]. Institute of Arbitrators & Mediators Australia Commercial Arbitration Clause Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations.
3 CANADA ADR Institute of Canada Inc. Arbitration Clause All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.]. The place of arbitration shall be [specify City and Province of Canada]. The language of the arbitration shall be English or French [specify language].
4 HONG KONG SPECIAL ADMINISTRATIVE REGION Hong Kong International Arbitration Centre Clause 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 Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be... (one or three). The arbitration proceedings shall be conducted in... (insert language)."
5 INDIA Indian Institute of Arbitration & Mediation Arbitration Clause Any dispute or difference arising out of or in connection with this contract, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the Arbitration & Conciliation Act, 1996 and shall be conducted by the Indian Institute of Arbitration & Mediation, in accordance with their Arbitration Rules ("IIAM Arbitration Rules") for the time being in force. The number of arbitrators shall be (one or three). The place of arbitration shall be (city and/or country). The language(s) of the arbitration shall be. The Tribunal shall consist of arbitrator(s) to be appointed by the Administrator of IIAM.
6 NEW ZEALAND Arbitrators' and Mediators' Institute of New Zealand Inc. Arbitration Clause Any dispute or difference 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 New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty-one (21) days from the date upon which the dispute arises then to be appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand Inc.
7 PHILIPPINES Philippine Dispute Resolution Center, Inc. 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 Philippine Dispute Resolution Center, Inc. (PDRCI) Arbitration Rules as at present in force. (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...(city or country) (d) The language(s) to be used in the arbitral proceedings shall be...(language)
8 UNITED KINGDOM London Court of International Arbitration 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 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 [ ].
9 UNITED STATES American Arbitration Association Standard Commercial Arbitration Clause Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. JAMS Standard Commercial Arbitration Clause Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in (insert the desired place of arbitration), before (one) (three) arbitrator(s). The arbitration shall be administered by JAMS pursuant to its (Comprehensive Arbitration Rules and Procedures) (Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
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