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Recommended Clauses

FUTURE DISPUTES


For contracting parties who wish to have future disputes referred to mediation and/or arbitration under the auspices of LCIA India, the following clauses are recommended. Words/blanks in square brackets should be deleted/completed as appropriate.

Mediation only

“In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall seek settlement of that dispute by mediation in accordance with the LCIA India Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.”

Arbitration only

“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 India Arbitration 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 arbitration shall be [     ].

The governing law of the contract shall be the substantive law of [     ].”

Mediation and Arbitration

“In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the LCIA India Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.

If the dispute is not settled by mediation within [     ] days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA India Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause.

The language to be used in the mediation and in the arbitration shall be [     ].

The governing law of the contract shall be the substantive law of [     ].

In any arbitration commenced pursuant to this clause,

(i) the number of arbitrators shall be [one/three]; and

(ii) the seat, or legal place, of the arbitration shall be [City and/or Country].”

EXISTING DISPUTES

If a dispute has already arisen, but there is no agreement between the parties to mediate and/or to arbitrate, the parties may enter into an agreement for those purposes. In such cases, please contact the LCIA India Secretariat if recommended wording is required.

Modification to Recommended Clauses


The LCIA India Secretariat will be pleased to discuss any modifications to these standard clauses. For example, to provide for party nomination of arbitrators or for expedited procedures.

Expert Determination, Adjudication and other forms of ADR

Recommended clauses and procedures for Expert Determination, for Adjudication and for other forms of ADR, to be administered by LCIA India, or in which LCIA India is to act as appointing authority, are available on request from the LCIA India Secretariat.