The Foundation recommends the use of the following standard
clauses designed widely to encompass disputes arising in connection
with contracts:
A. ARBITRATION CLAUSE FOR INCORPORATION IN STANDARD CONTRACTS OR
FOR USE BEFORE A DISPUTE HAS ARISEN
"Any dispute arising from or in connection with this Contract
shall be finally resolved in accordance with the Rules of the
Arbitration Foundation of Southern Africa by an arbitrator
appointed by the Foundation."
B. ARBITRATION CLAUSE FOR USE AFTER A DISPUTE HAS ARISEN
"We,
A, B of _________________________
and
X, Y of _________________________
hereby agree to refer all disputes and differences between us
arising out of or in connection with a contract between us dated
__________________________
OR
the disputes and differences set out in the Schedule to this
Agreement for final resolution in accordance with the Rules of the
Arbitration Foundation of Southern Africa by an arbitrator or
arbitrators appointed by the Foundation."
C. DISPUTE RESOLUTION (MED-ARB) CLAUSE FOR INCORPORATION IN
STANDARD CONTRACTS BEFORE A DISPUTE HAS ARISEN
"Should any dispute, disagreement or claim arise between the
parties (called hereafter "the dispute") concerning this agreement,
the parties shall try to resolve the dispute by negotiation. This
entails that the one party invites the other in writing to a
meeting and to attempt to resolve the dispute within 7 (seven) days
from date of the written invitation.
If the dispute has not been resolved by such negotiation, the
parties shall submit the dispute to AFSA administered mediation,
upon the terms set by the AFSA Secretariat.
Failing such a resolution, the dispute, if arbitrable in law,
shall be finally resolved in accordance with the Rules of the
Arbitration Foundation of Southern Africa by an arbitrator or
arbitrators appointed by the Foundation."
D. ARBITRATION CLAUSE FOR INCORPORATION IN INTERNATIONAL
AGREEMENTS BEFORE A DISPUTE HAS ARISEN
"The parties agree to submit any disputes or difference between
them arising out of this contract to conciliation and arbitration
as provided by the UNCITRAL Arbitration Rules in respect of which
the Arbitration Foundation of Southern Africa will act as the
appointing authority."