STANDARD ARBITRATION CLAUSE FOR ICADR

Applicable Law

This Agreement and any related documents thereto, shall be governed by and shall be construed in accordance with the laws of the [insert jurisdiction]. All disputes shall exclusively be referred to the International Court for Alternate Dispute Resolution (“ICADR”) for their final disposal; however the parties may approach the courts of the [insert jurisdiction] or any other jurisdiction for interim measures.


Dispute Resolution

The parties hereby expressly agree to resolve any dispute or difference, which may arise between the parties in relation to the provisions of this Agreement or related thereto, through ICADR. The parties have reviewed the rules and regulations adopted by ICADR and their amendments as issued from time to time (available at www.ic-adr.org) and hereby irrevocably agree to be bound by such ICADR rules and regulations.

Selection of Arbitrator(s)

ICADR shall, pursuant to its standard procedures (and at its absolute discretion), select and appoint one or more arbitrator(s) to resolve a dispute. The number of arbitrators in respect of a specific dispute matter shall be decided by ICADR at its absolute discretion considering complexity and nature of the dispute. The parties accept the absolute authority of ICADR and agree to waive all objections in respect to the selection and appointment of arbitrator(s).

Equitable Awards

The arbitrator(s) shall have the right to apply provisions and principles of conciliation – amiable compositeur or ex aequo et bono – as set out and reaffirmed in local statute, if any. The arbitrator(s) may also have the right to settle the dispute between the parties on the principles of equity and natural justice.

Language of Hearings

The dispute resolution proceedings shall be conducted primarily in English or any other language determined by ICADR while taking into consideration of the relevant documentation. Documents may be presented in any language without translation, unless the appointed arbitrator(s) demand at their absolute discretion for official translations to be submitted.

Seat of Arbitration

The dispute resolution proceedings shall be held in [insert city].

Finality and Enforceability of Awards

The award issued by the arbitrator(s) shall be final and shall not be subject to any appeal. The award may be enforced in any jurisdiction, including but not limited to jurisdictions under The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention.