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]."