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Model Clause: Commercial Arbitration and Mediation Centre for the Americas (CAMCA)

  • The parties can provide for arbitration of future disputes utilizing the dispute resolution services of CAMCA by inserting the following clause into their contract:

    Any dispute, controversy or claim arising out of or relating to this contract, or the breach thereof, shall be finally settled by arbitration administered by the Commercial Arbitration and Mediation Center for the Americas in accordance with its rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

    In the absence of a future dispute resolution clause in their agreement, the parties may also submit an existing controversy to arbitration under the auspices of CAMCA by using the following agreement:

    We, the undersigned parties, hereby agree to submit to arbitration administered by the Commercial Arbitration and Mediation Center for the Americas under its rules the following dispute, controversy or claim: (cite briefly). We further agree that we will faithfully observe this agreement and the rules, and that a judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

    The parties may wish to consider adding one or all of the following to either of the above arbitration clauses:

    (a) The number of arbitrators shall be (one or three);

    (b) The place of arbitration shall be (city and/or country); or,

    (c) The substantive law applicable to the dispute shall be ____________.

    (d) The language(s) of the arbitration shall be ____________.

    In the alternative, a clause may also be inserted into a contract that first provides for mediation under the CAMCA Mediation Rules and, if the mediation is unsuccessful, for the dispute to be arbitrated under the CAMCA Arbitration Rules. A sample of such a clause is as follows:

    The parties agree that they will endeavor to settle any dispute, controversy or claim arising out of or relating to this contract, which they are unable to settle through direct discussions, by mediation administered by the Commercial Arbitration and Mediation Center for the Americas under its rules before resorting to arbitration. Thereafter, any dispute, controversy or claim arising out of or relating to this contract shall be settled by arbitration administered by the Commercial Arbitration and Mediation Center for the Americas in accordance with its rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The requirement of filing a notice of claim with respect to the dispute, controversy or claim submitted to mediation shall be suspended until the conclusion of the mediation process.

    The parties agree that they will endeavor to settle any dispute, controversy or claim arising out of or relating to this contract, which they are unable to settle through direct discussions, by mediation administered by the Commercial Arbitration and Mediation Center for the Americas under its rules before resorting to arbitration, litigation or other dispute resolution procedure. The requirement of filing a notice of claim with respect to the disputesubmitted to mediation shall be suspended until the conclusion of the mediation process.

    In the absence of a future dispute resolution clause in their agreement, the parties may also submit an existing controversy to mediation under the auspices of CAMCA by using the following agreement:

    We, the undersigned parties, hereby agree to submit to mediation administered by the Commercial Arbitration and Mediation Center for the Americas under its rules the following dispute, controversy or claim: (cite briefly). The requirement of filing a notice of claim with respect to the dispute, controversy or claim submitted to mediation shall be suspended until the conclusion of the mediation process.