Arbitration is a private dispute resolution process, conducted away from public scrutiny.
It is a consensual process where the parties submit their disputes for resolution to an arbitral tribunal that usually is composed of one or three arbitrators.
The arbitration agreement is normally included in the principal contract between the parties. However, the parties may consent to arbitration separately in the absence of an agreement.
The arbitral process allows disputants the freedom to appoint their own preferred arbitrators and engage their own counsels as well as decide in the procedure and rules by which the arbitration process is to be conducted.
Institutional Arbitration
An Institutional arbitration is managed by a specialized arbitral institution like IAMCH, and has its own set of rules. The primary advantage of an institutional arbitration is that, parties benefit from an established format for arbitration with a proven track record from an institution which specializes in assisting parties with the arbitral process.
Ad Hoc Arbitration
In an Ad-Hoc Arbitration, the rules of arbitration are set only by parties and the tribunal. An ad hoc arbitration is where the parties do not select an institution to administer their arbitration. The entire process offers the parties an opportunity to be flexible, but with less support.
Model Clause For Arbitration
In the event of any dispute arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, the parties shall refer the same for arbitration to be finally resolved under the administration of Dispute Resolution Hub in accordance with the Arbitration Rules of Dispute Resolution Hub for the time being in force. The seat of Arbitration shall be ___________________. The Tribunal shall consist of one or more arbitrators appointed in accordance with the said Rules. The language of the arbitration proceedings shall be English. The law governing the arbitration agreement shall be ____________. The law governing the contract shall be ____________.
Model Clause for Mediation / Conciliation
In the event of any dispute arising out of or in connection with the present agreement, the parties shall, in the first instance, refer the dispute to conciliation (also referred to as Mediation) under the Dispute Resolution Hub Rules. Such reference shall be by way of a notice in writing, and will be a notice for the purpose of commencement of conciliation.
The commencement or pendency of conciliation under the Dispute Resolution Hub Mediation Rules will not prevent any party from seeking interim relief or reliefs for the purpose of preserving their rights.
If the dispute has not been settled through conciliation under the Dispute Resolution Hub Mediation Rules within __________ days following the commencement of conciliation or within such other period as the parties may agree in writing, such dispute shall thereafter be finally resolved through _________.
Model Clause for Med-Arb
In the event of any dispute arising out of or in connection with the present contract, the parties shall first refer the dispute to conciliation (also referred to as Mediation) under the Dispute Resolution Hub Mediation Rules. Such reference shall be by way of a notice in writing, which shall also be deemed to be a notice for the purpose of commencement of arbitration. If the dispute is not settled pursuant to the said Rules within 45 days following the filing of a Request for Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be referred to arbitration and finally resolved under the Dispute Resolution Hub Rules. For the avoidance of doubt, it is clarified that:
a) all disputes that fall within the scope of arbitration agreement may be resolved in such arbitration; and
b) even during the pendency of conciliation, parties may seek interim relief or Emergency Measures under the Emergency Arbitrator Provisions in the IAMC Arbitration Rules.
Model Clause for Arb-Med–Arb
In the event of any dispute arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, the parties shall first refer the same for arbitration to be finally resolved under the administration of International Arbitration and Mediation Centre (“Dispute Resolution Hub”) in accordance with the Dispute Resolution Hub (“Dispute Resolution Hub Rules”) for the time being in force. The seat of Arbitration shall be ___________________. The Tribunal shall consist of one or more arbitrators appointed in accordance with the said Rules. The language of the arbitration proceedings shall be English. The law governing the arbitration agreement shall be ____________. The law governing the contract shall be ____________.
The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at Dispute Resolution Hub (“Dispute Resolution Hub”), in accordance with the Dispute Resolution Hub Arb-Med-Arb Protocol for the time being in force. Any settlement arrived in respect of some or all their disputes in the course of mediation shall be referred to the arbitral tribunal appointed by Dispute Resolution Hub and may be recorded as an arbitration award (interim or final, as the case may be) on agreed terms.