Model Clauses

A well-drafted arbitration clause should be included in any business agreement, particularly international transaction. Please consider the following model clauses provided in this section as they may be applicable to your contracts.

 

Legal advice should, however, be sought on the choice of a suitable clause and the applicable law.

 

Arbitration under the HKIAC Administered Arbitration Rules:

"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 identifies of the parties to the arbitration clause. It does not replace the law governing the substantive contract.

**Optional

 

Parties to an existing dispute in which neither an arbitration clause nor a previous agreement with respect to arbitration exists, who wish to refer such dispute to arbitration under the HKIAC Administered Arbitration Rules, may agree to do so in the following terms:

 

"We, the undersigned, agree to refer to arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC 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 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 identifies of the parties to the arbitration clause. It does not replace the law governing the substantive contract.

**Optional

 

Arbitration administered by HKIAC under the UNCITRAL Rules:

"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 UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of International Arbitration.

*The law of this arbitration clause shall be ... (Hong Kong law)

The place of arbitration shall be ...(Hong Kong).

**The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in ...(insert language)."

Notes:

*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 identifies of the parties to the arbitration clause. It does not replace the law governing the substantive contract.

**Optional

 

Ad hoc arbitration under the UNCITRAL Rules:

"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 under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted.

*The law of this arbitration clause shall be ... (Hong Kong law)

The appointing authority shall be … (Hong Kong International Arbitration Centre)

The place 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 identifies of the parties to the arbitration clause. It does not replace the law governing the substantive contract.

**Optional

 

Domestic Arbitration:

"Any dispute or difference arising out of or in connection with this contract shall be referred to and determined by arbitration at Hong Kong International Arbitration Centre and in accordance with its Domestic Arbitration Rules."

Additional information