Model Clauses

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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 Administered by the HKIAC (2013 Edition):

"Any dispute, controversy 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 under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted.

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

 

Parties to an exsiting 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 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 under the Hong Kong International Arbitration Centre 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 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

Arbitration under UNCITRAL 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 as at present in force and as may be amended by the rest of this clause.

The appointing authority shall be Hong Kong International Arbitration Centre.

The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC).

There shall only be one arbitrator."

Notes:

1. The last sentence must be amended if a panel of three arbitrators is required.

2. If the language to be used in arbitration proceedings is likely to be in question, it may also be useful to include in contracts:

"The language(s) to be used in the arbitral proceedings shall be......"

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