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)"