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Model Clause: Hong Kong International Arbitration Centre

  • 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 be only one arbitrator.(1)

    Any such arbitration shall be administered by HKIAC in accordance with HKIAC Procedures for Arbitration in force at the date of this contract including such additions to the UNCITRAL Arbitration Rules as are therein contained.(2)

    Notes:

    (1) This sentence must be amended if a panel of three arbitrators is required.

    (2) This sentence may be deleted if administration by HKIAC is not required. If it is retained, the Centre will then act as a clearing house for communications between the parties and the arbitral tribunal and will liaise with the arbitral tribunal and the parties on timing of meetings etc, will hold deposits from the parties and assist the tribunal with any other matters required.

    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 ____________.

    Suggested Mediation Clause

    "Any dispute or difference arising out of or in connection with this contract shall first be referred to mediation at Hong Kong International Arbitration Centre (HKIAC) and in accordance with its then current Mediation Rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration at HKIAC and in accordance with its Domestic Arbitration Rules".

    SUGGESTED CLAUSES

    1. Parties to a contract who wish to have any future disputes referred to arbitration under the Electronic Transaction Arbitration Rules of Hong Kong International Arbitration Centre (HKIAC) may insert in the contract an arbitration clause in the following form:

    "Any dispute or difference arising out of or in connection with this contract shall be referred to and determined by arbitration under the Electronic Transaction Arbitration Rules of the Hong Kong International Arbitration Centre."

    2. Parties to an existing dispute who wish to refer it to arbitration under the Electronic Transaction Arbitration Rules of the Hong Kong International Arbitration Centre may agree to do so in the following terms:

    "We, the undersigned, agree to refer to arbitration under the Electronic Transaction Arbitration Rules of Hong Kong International Arbitration Centre all disputes or differences arising out of or in connection with:

    (Brief description of contract under which disputes or differences have arisen or may arise.)

    Signature: __________________________ (Claimant)

    Signature: __________________________ (Respondent)"