Model clauses

The following sample Model clauses are a useful guide to counsel when drafting arbitration clauses but care should be taken to ensure the clause is appropriate to the potential dispute in question. The clauses indicate Dublin as the chosen seat.

ICDR (sole arbitrator)

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 in accordance with its International Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Dublin, Ireland. The language of the arbitration shall be English.

ICDR (three arbitrators)

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 in accordance with its International Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be Dublin, Ireland. The language of the arbitration shall be English.

ICC (sole arbitrator)

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 a sole arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Dublin, Ireland. The language of the arbitration shall be English.

ICC (one or more arbitrators; number to be determined by the ICC)

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. The place of arbitration shall be Dublin, Ireland. The language of the arbitration shall be English.

LCIA (sole arbitrator)

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 London Court of Arbitration (LCIA) Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English.

LCIA (three arbitrators)

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 three. The seat, or legal place, of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English.

UNCITRAL (sole arbitrator; appointing authorities: Chartered Institute of Arbitrators; Engineers Ireland; Law Society of Ireland; The Bar of Ireland.)

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 UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the Chairman for the time being of the Chartered Institute of Arbitrators; Engineers Ireland; Law Society of Ireland; The Bar of Ireland. The number of arbitrators shall be one. The place of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English.

UNCITRAL (three arbitrators; appointing authorities: Chartered Institute of Arbitrators; Engineers Ireland; Law Society of Ireland; The Bar of Ireland.)

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 UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the Chairman for the time being of the Chartered Institute of Arbitrators; Engineers Ireland; Law Society of Ireland; The Bar of Ireland. The number of arbitrators shall be three. The place of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English.

Ad Hoc Arbitration (three arbitrators; appointing authorities: Chartered Institute of Arbitrators; Engineers Ireland; Law Society of Ireland; The Bar of Ireland.)

Any controversy or claim arising out of or in connection with this Agreement shall be settled by arbitration. The place of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English. There shall be three arbitrators, appointed as follows:

each party shall appoint an arbitrator, and the two arbitrators so appointed shall appoint a third arbitrator who shall act as chairman of the tribunal;

if either party fails to appoint an arbitrator within 30 days of receipt of notice of the appointment of an arbitrator by the other party, such arbitrator shall at the request of that party be appointed by the Chairman for the time being of the Chartered Institute of Arbitrators; Engineers Ireland; Law Society of Ireland; The Bar of Ireland;

if the two arbitrators to be appointed by the parties fail to agree upon a third arbitrator within 30 days of the appointment of the second arbitrator, the third arbitrator shall be appointed at the written request of either party by the Chairman for the time being of the Chartered Institute of Arbitrators; Engineers Ireland; Law Society of Ireland; The Bar of Ireland.

Ad Hoc Arbitration (sole arbitrator; appointing authorities: Chartered Institute of Arbitrators; Engineers Ireland; Law Society of Ireland; The Bar of Ireland.

Any controversy or claim arising out of or in connection with this Agreement shall be settled by arbitration. The place of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English. The Arbitration Tribunal shall consist of a single arbitrator appointed by agreement between the parties or, failing agreement between the parties within 30 days after a request for arbitration is made by any party, appointed on the application of any party by the Chairman for the time being of the Chartered Institute of Arbitrators; Engineers Ireland; Law Society of Ireland; The Bar of Ireland.

Arbitral Institutions

International Chamber of Commerce (“ICC”)

International Centre for Dispute Resolution (“ICDR”)

International Centre for Settlement of Investment Disputes (“ICSID”)

London Court of International Arbitration (LCIA)

Resource

European International Arbitration Review (EIAR)