Arbitration / MODEL ARBITRATION CLAUSE

The Middle Commercial Arbitration Center (MCAC) recommends that the parties in the contract use the following model arbitration clause:

A. MODEL ARBITRATION CLAUSE APPLICABLE TO NORMAL PROCEDURES

“Article…:  Dispute Settlement”

1. Any dispute arising from or related to this Contract shall be resolved by arbitration at the Middle Commercial Arbitration Center (MCAC) under its Arbitration Rules.

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

3. The place of arbitration shall be…  

4. The language to be used in the arbitral proceedings shall be… (Only applicable to disputes involving foreign elements or disputes with at least one foreign-invested economic organization; state a single language).

5. The governing law of the contract is the substantive law of… (Only applicable to disputes involving foreign elements and in cases, the parties do not agree on applicable law in another clause).”

B. MODEL ARBITRATION CLAUSE APPLICABLE TO EXPEDITED PROCEDURES

“Article…: Dispute Settlement

1. Any dispute arising from or related to this Contract shall be resolved by arbitration at the Middle Commercial Arbitration Center (MCAC) under its Arbitration Rules.

The parties agree that any arbitration commenced pursuant to this clause shall be conducted in accordance with the Expedited Procedure set out in Article 37 of the MCAC’s Arbitration Rules.

2. The place of arbitration shall be… (city and/or country).

3. The language to be used in the arbitral proceedings shall be… (applicable to disputes involving foreign elements or disputes with at least one foreign-invested economic organization; state a single language).

4. The governing law of the contract is the substantive law of… (applicable to disputes involving foreign elements and in cases the parties do not agree on applicable law in another clause).”