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A well-drafted arbitration clause should be included in any business agreement, particularly international transaction. Please consider the following model clauses provided in this section as they may be applicable to your contracts.
Legal advice should, however, be sought on the choice of a suitable clause and the applicable law.
Arbitration Administered by the HKIAC:
"Any dispute, controversy or claim arising out of or relating to this contract, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules.
* The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in .... (insert language)."
Arbitration under UNCITRAL Rules:
"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 and as may be amended by the rest of this clause.
The appointing authority shall be Hong Kong International Arbitration Centre.
The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC).
There shall only be one arbitrator."
1. The last sentence must be amended if a panel of three arbitrators is required.
2. If the language to be used in arbitration proceedings is likely to be in question, it may also be useful to include in contracts:
"The language(s) to be used in the arbitral proceedings shall be......"
"Any dispute or difference arising out of or in connection with this contract shall be referred to and determined by arbitration at Hong Kong International Arbitration Centre and in accordance with its Domestic Arbitration Rules."