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Model and Standard Clauses - Chapter 1 - Arbitration Clauses for International Contracts - 2nd Edition

Author(s): 
Paul D. Friedland
Page Count: 
6 pages
Media Description: 
PDF from "Arbitration Clauses for International Contracts - 2nd Edition"
Published: 
July, 2007
Practice Areas: 
Contractual or Consensual Basis of Arbitration,
Institutional and Administered Arbitration,
Standard and Model Arbitration Clauses,
Dispute Resolution & Litigation,
ADR,
International Litigation,
ICC,
PCA,
UNCITRAL,
ICDR,
LCIA
Author Detail: 

Paul Friedland is a Partner at White & Case LLP and Chair of the firm's International Arbitration Practice Group. Mr. Friedland was Chair of the Task Force that developed the recent "IBA Guidelines for Drafting International Arbitration Clauses." Mr. Friedland is Chair of the Law Committee and a Member of the Board of Directors of the AAA and a Court Member of the LCIA.

 

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Description: 

Originally from Arbitration Clauses for International Contracts - Second Edition

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MODEL AND STANDARD CLAUSES

The basic rule of drafting arbitration clauses is to begin with a model or standard clause. Parties can add to the model and standard clauses, but should rarely subtract from or change them. By using the model and standard clauses as a starting-point, parties can ensure that their clauses will contain the language necessary to an enforceable and effective arbitration agreement. These necessary elements are discussed in Chapter 6, § (4), below.

(1) Model and Standard Clauses for Institutional Arbitration
Model clauses are readily available from each arbitral institution.
The ICC model arbitration clause is:

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 LCIA suggests the following:
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 [ ].