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Model Clause: The Institute of Arbitrators and Mediators Australia
1. ARBITRATION
The standard clause which is recommended for insertion in agreements
where arbitration is the desired method of resolving a dispute is:
‘Any dispute or difference whatsoever arising out of or in connection
with this contract shall be submitted to arbitration in accordance with, and
subject to, The Institute of Arbitrators & Mediators Australia Rules for
the Conduct of Commercial Arbitrations’.
Unless the parties agree upon an arbitrator, either party may request a
nomination from either the President OR the Chapter Chairman of the Chapter
where the dispute arises.
2. EXPEDITED ARBITRATION in small disputes and/or where quantum is
limited or restricted
To limit the potential cost of small disputes an additional phrase may
be added to the arbitration clause which restricts the right of a formal
hearing to when the quantum in dispute is above a certain, agreed amount. For
example:
‘Any dispute or difference whatsoever arising out of or in connection
with this contract shall be submitted to arbitration in accordance with, and
subject to, The Institute of Arbitrators & Mediators Australia Expedited
Commercial Arbitration Rules. For disputes in which the quantum is less than $
(include amount here – usually $50,000 or under) arbitration shall take place
using the submission of documents alone unless both parties agree otherwise.’
3. MEDIATION - ARBITRATION
Where mediation is the desired method of resolving a dispute and where,
if the dispute is not settled by mediation and you require this further option,
the dispute is referred to arbitration is:
‘Any dispute or difference whatsoever arising out of or in connection
with this contract shall be submitted to mediation in accordance with, and
subject to, The Institute of Arbitrators & Mediators Australia Mediation
and Conciliation Rules.’
Add the following if you require the matter to go onto arbitration if
not settled.
‘If the dispute or difference is not settled within 30 days of the
submission to mediation (unless such period is extended by agreement of the
parties), it shall be and is hereby submitted to arbitration in accordance
with, and subject to, The Institute of Arbitrators & Mediators Australia
Rules for the Conduct of Commercial Arbitrations’.
‘Notwithstanding the existence of a dispute or difference each party
shall continue to perform the Contract’.
4. INTERNATIONAL ARBITRATION
‘Any dispute or difference whatsoever arising out of or in connection
with this contract shall be and is hereby submitted to arbitration in
accordance with, and subject to, the UNCITRAL Arbitration Rules. The appointing
and administering body shall be The Institute of Arbitrators and Mediators
Australia (IAMA). There shall be one arbitrator, the language of the
arbitration shall be English, the place of the arbitration shall be (nominate
city in Australia).’
Please note:
- The parties may designate different rules to the UNCITRAL Arbitration
Rules.
- The parties may provide for 3 arbitrators.
- The parties may designate a language other than English.
MEDIATION
‘Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.’
EXPERT DETERMINATION
‘Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to an expert in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Expert Determination Rules’
MEDIATION
‘Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.’
