IIAM Arbitration & Mediation Clause

For administered mediation or arbitration by IIAM, there should be an appropriate ADR clause in the contract or in the absence of any such clause; there should be an agreement between the parties to arbitrate under the IIAM Rules. By using such a clause, the parties to the contract agree to mediate or arbitrate any future disputes.

The following clause may be modified to suit the needs of the parties or used "as is" in order to utilize the services of IIAM, if institutional mediation or arbitration is needed.

Suggested Mediation Clause

“In the event of any dispute, difference or controversy arising out of or in relation to this contract, including any question regarding to its existence, validity or termination, the parties shall seek settlement of that dispute by mediation/conciliation in accordance with the IIAM Mediation Rules.”*

Suggested Arbitration Clause#

"Any dispute, difference or controversy arising out of or in connection with this contract, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the Arbitration & Conciliation Act, 1996^ and shall be conducted by the Indian Institute of Arbitration & Mediation, in accordance with their Arbitration Rules ("IIAM Arbitration Rules") for the time being in force."**

Suggested Med-Arb Clause

“Any dispute, difference or controversy arising out of or in connection with this contract, including any question regarding to its existence, validity or termination, shall first be referred to mediation at the Indian Institute of Arbitration & Mediation (IIAM) and in accordance with its then current Mediation Rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration by IIAM in accordance with its Arbitration Rules and in accordance with the Arbitration Act.” **

Suggested Arb-Med-Arb Clause

"Any dispute, difference or controversy arising out of or in connection with this contract, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the Arbitration Act, and shall be conducted by the Indian Institute of Arbitration & Mediation, in accordance with their Arbitration Rules ("IIAM Arbitration Rules") for the time being in force. **
It is further agreed that following the commencement of arbitration, the parties will attempt in good faith to resolve such dispute, difference or controversy through mediation, as per the IIAM Arb-Med-Arb Procedure for the time being in force. Any settlement reached in the course of mediation shall be referred to the arbitral tribunal appointed by IIAM and may be made a consent award on agreed terms." *

Suggested ODR Clause

“In case of any dispute, difference or controversy arising out of or in connection with this contract, parties may attempt to resolve it amicably by negotiating directly and in case of failure to resolve the dispute or difference shall refer the same to mediation at the Indian Institute of Arbitration & Mediation (IIAM) and in accordance with its then current Mediation Rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration by IIAM in accordance with its Arbitration Rules and in accordance with the Arbitration Act. The parties can initiate and conduct the processes of negotiation, mediation and arbitration online through the Peacegate Application of IIAM.” **

 The parties may wish to add the following also in the dispute resolution clause —
* The Place of mediation shall be (city and/or country).
** The number of arbitrators shall be (one or three). The seat/ venue of arbitration shall be (city and/or country).
[Seat would denote the jurisdictional place and venue the physical place]. The language of the arbitration shall be (language).

# In case of arbitration, the parties can also decide to have fast-track arbitration, so that the dispute the dispute will be decided on the basis of documentary evidence only and in a faster time-frame
^ In the case of domestic arbitration in India. For international arbitration, the parties may specify the law applicable as per the seat of arbitration.

Suggested Dispute Management Clause

The parties agree that during the pendency of the contract period, they have agreed to jointly appoint (Name of the mediator) as the Project Mediator under the IIAM Mediation Rules, who would assist the parties to resolve a particular dispute or difference or when the parties need to find a different perspective to an issue requiring a joint solution, under the contract, during the entire contract period.

*** The Parties can choose to add any of the dispute resolution clauses mentioned above together with the dispute management clause, so as to make it more effective and complete.

INTERNATIONAL DISPUTES

Parties to an international or cross-border contract who wish to have any future disputes referred to mediation can either use the IIAM Clause or alternatively use the APCAM Mediation Clause available in the APCAM website at www.apcam.asia

EXISTING DISPUTES

Parties who wish to mediate or arbitrate an existing dispute, but there is no agreement between the parties for mediation or arbitration, can enter into an IIAM Mediation or Arbitration agreement. Parties can initiate mediation even without any agreement.

CUSTOMISED ADR

Parties who wish to design customized ADR clauses to fit particular situations or create hybrid-clauses, click here

For further details, mail to dir@arbitrationindia.com