PCA Arbitration Rules 2012 Model Clauses

Updated at:August 2016
SUMMARY

Future Disputes. Existing Disputes.

 
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Annex

Model arbitration clause for contracts

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 in accordance with the PCA Arbitration Rules 2012.

Model arbitration clause for treaties and other agreements

Any dispute, controversy or claim arising out of or in relation to this [agreement] [treaty], or the existence, interpretation, application, breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the PCA Arbitration Rules 2012.

Note - Parties should consider adding:

(a) The number of arbitrators shall be ... (one, three, or five);

(b) The place of arbitration shall be ... (town and country);

(c) The language to be used in the arbitral proceedings shall be ... .

Possible waiver statement

Note - If the parties wish to exclude recourse against the arbitral award that may be available under the applicable law, they may consider adding a provision to that effect as suggested below, considering, however, that the effectiveness and conditions of such an exclusion depend on the applicable law.

Waiver: The parties hereby waive their right to any form of recourse against an award to any court or other competent authority, insofar as such waiver can validly be made under the applicable law.

Model statements of impartiality and independence pursuant to article 11 of the Rules

No circumstances to disclose: I am impartial and independent of each of the parties and intend to remain so. To the best of my knowledge, there are no circumstances, past or present, likely to give rise to justifiable doubts as to my impartiality or...

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