A. Clause providing for appointment of the
arbitrators by the Zurich Chamber of Commerce
All disputes arising out of connection or in
connection with the present agreement, including disputes on its
conclusion, binding effect, amendment and termination, shall be
resolved, to the exclusion of the ordinary courts by an Arbitral
Tribunal [Optional: "by a three-person Arbitral
Tribunal" or "by a sole arbitrator"] in accordance
with the International Arbitration Rules of the Zurich Chamber of
Commerce.
[Optional: The decision of
the Arbitral Tribunal shall be final, and the parties waive all
challenge of the award in accordance with Art. 192 Private
International Law Statute.]
B. Clause providing for the appointment of
one arbitrator each by the parties
All disputes arising out of connection or in
connection with the present agreement, including disputes on its
conclusion, binding effect, amendment and termination shall be
resolved, to the exclusion of the ordinary courts by a three-person
Arbitral Tribunal in accordance with the International Arbitration
Rules of the Zurich Chamber of Commerce.
If there are not more than two parties
involved in the procedure, each party nominates an
arbitrator.
[Optional: The decision of
the Arbitral Tribunal shall be final, and the parties waive all
challenge of the award in accordance with Art. 192 Private
International Law Statute.]
C. Arbitration Clause for Contracts with
Japan
For contracts between Swiss and Japanese
partners the Zurich Chamber of Commerce recommends the following
clause pursuant to the Swiss-Japanese Trade Arbitration Agreement
of June 9, 1983:
All disputes, controversies or differences
which may arise between the parties out of relation or in relation
to or in connection with this contract, or the breach thereof,
shall be finally settled by arbitration, pursuant to the
Swiss-Japanese Trade Arbitration Agreement of June 9, 1983 by which
each party hereto is bound.
Should this clause be included, it should be
stated whether proceedings are to be conducted in Switzerland or in
Japan; in the former case, the International Arbitration Rules of
the Zurich Chamber of Commerce apply and in the latter case the
Arbitration Rules of the Japan Commercial Arbitration
Association.
If there is no clause stating the seat of
arbitration this is to be settled by a committee consisting of
representatives of both organisations.