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Model Clause: London Court of International Arbitration

  • Future disputes:

    For contracting parties who wish to have future disputes referred to arbitration under the LCIA Rules, the following clause is recommended. Words/spaces in square brackets should be deleted/completed as appropriate.

    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 [ ].

    The governing law of the contract shall be the substantive law of [ ].

    Existing disputes:

    If a dispute has arisen, but there is no agreement between the parties to arbitrate, or if the parties wish to vary a dispute resolution clause to provide for LCIA arbitration, the following clause is recommended. Words/spaces in square brackets should be deleted/completed as appropriate.

    A dispute having arisen between the parties concerning [ ], the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules.

    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 [ ].

    The governing law of the contract [is / shall be] the substantive law of [ ].

    Mediation only 

    "In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall seek settlement of that dispute by mediation in accordance with the LCIA Mediation Procedure, which Procedure is deemed to be incorporated by reference into this clause." 

    Mediation and Arbitration 

    "In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the LCIA Mediation Procedure, which Procedure is deemed to be incorporated by reference into this clause. 

    If the dispute is not settled by mediation within [............] days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute 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 language to be used in the mediation and in the arbitration shall be [............]. 

    The governing law of the contract shall be the substantive law of [............]. 

    In any arbitration commenced pursuant to this clause, 

    i. the number of arbitrators shall be [one/three]; and
    ii. the seat, or legal place, of arbitration shall be [City and/or Country]."