ACIAM Model Clauses

ACIAM Model Arbitration Clause

Any dispute, controversy, or claim arising out of or in connection with this contract, including any question regarding its existence, validity, interpretation, performance, or termination, shall be resolved exclusively by arbitration under the administration of the Asian Centre for International Arbitration and Mediation (ACIAM). The arbitration shall be conducted in accordance with the ACIAM Arbitration Rules in force at the time of the dispute, which are deemed incorporated by reference into this clause.
  • The arbitral tribunal shall consist of [one/three] arbitrator(s), appointed as per the ACIAM Arbitration Rules.
  • The seat and legal place of arbitration shall be [City, Country].
  • The language of the arbitration shall be [language].
  • The law governing this arbitration agreement shall be the laws of [State/Country].
  • The governing law of the contract shall be the substantive law of [State/Country].

ACIAM Model Mediation Clause

In the event of any dispute arising out of or in connection with this contract, the parties agree to first attempt to resolve the dispute amicably through mediation administered by the Asian Centre for International Arbitration and Mediation (ACIAM), in accordance with the ACIAM Mediation Rules in force at the time of commencement. The ACIAM Mediation Rules are deemed incorporated by reference into this clause.
  • Mediation shall commence upon a written request by either party and shall be conducted in [language].
  • The governing law of this contract shall be the substantive law of [State/Country].
  • The Seat of the Mediation shall be [State/Country].

ACIAM Model Med-Arb Clause

Any dispute, controversy, or claim arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall first be submitted to mediation administered by the Asian Centre for International Arbitration and Mediation (ACIAM) in accordance with the ACIAM Mediation Rules in force at the time of the dispute, which are deemed incorporated by reference into this clause.
If the dispute is not resolved within [X] days from the commencement of mediation, or within such extended period as the parties may agree in writing, the dispute shall be referred to and finally resolved by arbitration administered by ACIAM, in accordance with the ACIAM Arbitration Rules in force at the time of commencement, which are deemed incorporated by reference into this clause.

For clarity:

  • Parties may seek interim relief or emergency measures during mediation or arbitration under the ACIAM Arbitration Rules.
  • Mediators engaged in the dispute shall not serve as arbitrators in subsequent arbitration proceedings, unless expressly agreed otherwise in writing by all parties.
  • The seat and legal place of arbitration shall be [City, Country].
  • The arbitral tribunal shall consist of [one/three] arbitrator(s), appointed in accordance with the ACIAM Arbitration Rules.
  • The language of the mediation and arbitration shall be [language].
  • The law governing this arbitration agreement shall be the laws of [State/Country].
  • The governing law of the contract shall be the substantive law of [State/Country].