MODEL CLAUSES

Model Arbitration Clause

For contracting parties who wish to have future disputes referred to arbitration and/or mediation under the auspices of the SCIAHK, they shall make such an agreement. The following clauses are recommended.

 

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration administered by South China International Arbitration Center (HK) (the “SCIAHK”) in accordance with its arbitration rules.

 

Note. Parties should consider adding:

a.    The governing law of this arbitration clause shall be … [Hong Kong law];

b.    The number of arbitrators shall be ... [one or three];

c.    The seat of arbitration shall be ... [city and country; avoid only stating “China” as the seat because “China” includes Hong Kong SAR, Macao SAR and Taiwan];

d.    The language to be used in the arbitral proceedings shall be ... .

Model Clause for Optional Arbitration Procedure

Any dispute arising from or in connection with this contract shall be submitted to South China International Arbitration Center( HK )( the "SCIAHK" ) for arbitration. The parties grant each other the right to appeal to the SCIAHK against the award or awards rendered by the arbitral tribunal. The appellate tribunal renders the final award. The seat of arbitration shall be ... . [State the country or jurisdiction where the appellate arbitration is not prohibited]

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