Arbitration Model Clause

Model Arbitration Clauses

Template 1:

The following model clause may be adopted by the parties to a contract who wish to refer any future disputes to arbitration in accordance with these Rules:

“Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Indian Dispute Resolution Centre under the IDRC Domestic Arbitration Rules, 2019 in force when the Notice of Arbitration is submitted.

The parties hereby agree as follows:

1. The parites agree to submit their dispute (s), controvery (ies), claim (s), or difference (s) to arbitration for resolution.  

2. The law of this arbitration clause shall be governed by the IDRC Domestic Arbitration Rules, 2019.

3. The seat of arbitration shall be New Delhi ... (India).

4. The number of arbitrators shall be ... (one or three).

5. The Arbitrator(s) shall be nominated/appointed from the panel of Arbitrators of Indian Dispute Resolution Centre. 

6. The arbitration shall be administered by Indian Dispute Resolution Centre in accordance with its Rules. 

7. The award rendered shall be final and binding on both the parties. 

8. The arbitration proceedings shall be conducted in ... (English)"
 

Commencement

These Rules have been adopted to take effect from 2^nd October 2019.

* Optional. This provision should be included particularly  where the law of the substantive contract and the law of  the seat are different. The law of the arbitration clause potentially governs matters including the formation,  existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration clause and  identities of the parties to the arbitration clause. It does not replace the law governing the substantive contract.

** Optional

* Optional. This provision should be included particularly  where the law of the substantive contract and the law of the seat are different. The law of the arbitration agreement  potentially governs matters including the formation, existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration agreement and identities of the parties to the arbitration agreement. It does not replace the law governing the substantive contract. 

Template 2:

Parties to an existing dispute in which neither an arbitration clause nor a previous agreement with respect to arbitration exists, who wish to refer such dispute to arbitration under the IDRC Domestic Arbitration Rules, 2019 may agree to do so in the following terms:

“We, the undersigned, agree to refer to arbitration  administered by the Indian Dispute Resolution Centre (IDRC) under the IDRC Domestic Arbitration Rules, 2019 any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to:

(Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise.)

The law of this arbitration agreement shall be … (Indian law).

The seat of arbitration shall be ... (India).

** The number of arbitrators shall be ... (one or three) nominated/appointed from the panel of Arbitrators of Indian Dispute Resolution Centre.
The arbitration proceedings shall be conducted in ... (English).

Signed: _________________ (Claimant)

Signed: _________________ (Respondent)

Date: ___________________ ”