Model Clause: Zurich Chamber of Commerce

A. Clause providing for appointment of the arbitrators by the Zurich Chamber of Commerce

All disputes arising out of connection or in connection with the present agreement, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved, to the exclusion of the ordinary courts by an Arbitral Tribunal [Optional: "by a three-person Arbitral Tribunal" or "by a sole arbitrator"] in accordance with the International Arbitration Rules of the Zurich Chamber of Commerce.

[Optional: The decision of the Arbitral Tribunal shall be final, and the parties waive all challenge of the award in accordance with Art. 192 Private International Law Statute.]

B. Clause providing for the appointment of one arbitrator each by the parties

All disputes arising out of connection or in connection with the present agreement, including disputes on its conclusion, binding effect, amendment and termination shall be resolved, to the exclusion of the ordinary courts by a three-person Arbitral Tribunal in accordance with the International Arbitration Rules of the Zurich Chamber of Commerce.

If there are not more than two parties involved in the procedure, each party nominates an arbitrator.

[Optional: The decision of the Arbitral Tribunal shall be final, and the parties waive all challenge of the award in accordance with Art. 192 Private International Law Statute.]

C. Arbitration Clause for Contracts with Japan

For contracts between Swiss and Japanese partners the Zurich Chamber of Commerce recommends the following clause pursuant to the Swiss-Japanese Trade Arbitration Agreement of June 9, 1983:

All disputes, controversies or differences which may arise between the parties out of relation or in relation to or in connection with this contract, or the breach thereof, shall be finally settled by arbitration, pursuant to the Swiss-Japanese Trade Arbitration Agreement of June 9, 1983 by which each party hereto is bound.

Should this clause be included, it should be stated whether proceedings are to be conducted in Switzerland or in Japan; in the former case, the International Arbitration Rules of the Zurich Chamber of Commerce apply and in the latter case the Arbitration Rules of the Japan Commercial Arbitration Association.

If there is no clause stating the seat of arbitration this is to be settled by a committee consisting of representatives of both organisations.