Arb-Med

Recommended Clauses

FUTURE DISPUTES

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

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].”
Links

https://www.lawinsider.com/clause/mediation-and-arbitration

SUGGESTED DISPUTE RESOLUTION CLAUSES

I. TIERED DISPUTE RESOLUTION CLAUSE - MEDIATION AS A STEP

PRIOR TO ARBITRATION.

The parties mutually agree that in case of any dispute or claim (hereinafter referred to as
dispute) arising out of or relating to this contract the parties shall first engage in a good faith
negotiation to resolve the dispute. In case the dispute is not settled within __ days, it shall be

referred to mediation at an Institution providing mediation services that is agreeable to all the
parties such as the Centre for Advanced Mediation Practice (CAMP), Bangalore, India.

In the event the parties are unable to resolve such dispute within __ days of commencement
of the mediation, which time limit is extendable by mutual agreement, then the parties agree
that the dispute will be submitted for resolution to binding arbitration in accordance with the

rules of _________ [specify agreed upon arbitration forum]. The place of arbitration will be
(City, Country) and the language of arbitration shall be _____.

III. MEDIATION CLAUSE PLUS PARALLEL REFERENCE TO

COURT/ARBITRATION

The parties mutually agree that in case of any dispute or claim (hereinafter referred to as
dispute) arising out of or relating to this contract the parties shall first engage in a good faith
negotiation to resolve the dispute. In case the dispute is not settled within __ days it shall be

referred to mediation at an Institution providing mediation services that is agreeable to all the
parties such as the Centre for Advanced Mediation Practice (CAMP), Bangalore, India.

Commencement of a mediation will not prevent the parties from parallely commencing or
continuing [court proceedings OR an arbitration].”

IV. ARB-MED-ARB PROTOCOL

The parties mutually agree that in case of any dispute or claim (hereinafter referred to as
dispute) arising out of or relating to this contract, the parties shall first engage in a good faith
negotiation to resolve the dispute. In case the dispute is not settled within ____ days, the
dispute shall be referred to arbitration in accordance with the rules of _________

[specify agreed upon arbitration forum]. The place of arbitration will be (City, Country) and
the language of arbitration shall be _____. The parties further agree that following the
commencement of arbitration, they will attempt mediation at an Institution providing

mediation services that is agreeable to all the parties, such as the Centre for Advanced
Mediation Practice (CAMP), Bangalore, India. Any settlement reached in the course of the
mediation shall be referred to the agreed arbitral tribunal/ arbitrator and shall be made a
consent award on agreed terms.