Drafting Dispute Resolution Clauses/Agreements
There are a number of excellent sources that can assist you in properly drafting a dispute resolution clause or agreement for international contracts, which you can access and download from this webpage. In addition to the links below, there are some excellent books and articles listed in the section “Arbitration Books and Articles” that provide extensive precedents and background information on what will work best for your particular contract and circumstances.
The Association of International Petroleum Negotiators (AIPN) published the latest version of its model dispute resolution agreement for international energy contracts in 2017 after an extensive global review by a committee co-chaired by myself. The committee also provided a set of guidance notes explaining how best to use the model DR agreement. This model dispute resolution agreement, which consists of a series of well thought out dispute clauses that cover a wide variety of circumstances, is also an excellent template for any international contract. You can download both the model DR agreement and its Guidance Notes below.
The International Bar Association (IBA) Arbitration Committee issued guidelines, including sample clauses, for drafting international arbitration agreements in October 2010. They can be accessed and downloaded from the IBA website by clicking here.
Most of the international and regional arbitration institutions provide recommended clauses for using their institution and procedural rules. The most regularly used ones include:
1. ICC Model Clause
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
2. AAA/ICDR Model Clause
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution [or the American Arbitration Association ] in accordance with its International Arbitration Rules.
The parties may wish to consider adding:
a. The number of arbitrators shall be (one or three).
b. The place of arbitration shall be (city and/or country).
c . The language(s) of the arbitration shall be ___.
In addition to its recommended clause, the AAA provides an online Clause Builder Tool. Click here to access the tool.
3. LCIA Model Clause
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be [one / three].
The seat, or legal place, of arbitration shall be [City and / or Country].
The language to be used in the arbitral proceedings shall be [ ].
The governing law of the contract shall be the substantive law of [ ].
4. Other Institution Model Clauses
Most of the regional arbitration institutions have recommended model dispute resolution clauses. They can usually be found on their websites or in their procedural rules documentation.
International Arbitration Institutions
The following is a list of the leading commercial arbitration institutions in various regions of the world and their websites where you can find more information about them.
1. Singapore International Arbitration Centre (SIAC) – Link
2. Hong Kong International Arbitration Centre (HKIAC) – Link
3. China International Economic and Trade Arbitration Commission (CIETAC) – Link
4. Asian International Arbitration Centre (AIAC) – Link
1. Dubai International Arbitration Centre (DIAC) – Link
2. DIFC/LCIA Arbitration Centre – Link
3. Bahrain Chamber for Dispute Resolution (BCDR) – Link
4. Saudi Center for Commercial Arbitration (SCCA) – Link
The following are some of the more helpful and knowledgeable websites for international arbitration.
An extensive and lengthy list of arbitration websites available online can be found at the International Council for Commercial Arbitration (ICCA) website – Link
This website provides links to:
• Treaties and Conventions on Arbitration
• Related Treaties, Conventions and Principles
• National Arbitration Laws
• International and Regional Arbitral and ADR Institutions
• National Arbitral and ADR Institutions
• Young Arbitration Practitioners
• Other Arbitration Organizations
• Arbitration Resources Online
In addition to the panels of arbitrators maintained by many of the arbitration institutes, lists of leading arbitrators and arbitration counsel can be found at:
1. International Arbitration Institute – Link
2. Energy Arbitrators List – Link
3. College of Commercial Arbitrators – Link
4. Who’s Who Legal – Link
5. Chambers & Partners – Link
6. Best Lawyers – Link
1. Investment Arbitration Reporter is a specialized news publication tracking developments in the area of international investment law. Link
2. Transnational Dispute Management is an on-line journal on international disputes heavily focused on the energy sector.
3. Members of the International Bar Association can access “World Arbitration News,” a LEXIS-NEXIS search updated daily, from the Arbitration Committee’s website.
4. Global Arbitration Review is an online monthly journal that provides personal insights into the world of international arbitration and annual rankings of international arbitrators. Link
5. Juris International provides information on commercial arbitration, mediation, conciliation, expertise centres and other alternative dispute resolution centers or services including the full text of their rules and model clauses. Link
Arbitration Books & Articles
Download a list of some of the leading textbooks and articles for various issues that arise in international arbitration.