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MODEL ARBITRATION CLAUSE FOR INTERNATIONAL
CONTRACTS
Parties who agree to arbitrate under the
BCICAC Rules, and to have the BCICAC act as appointing authority to provide
administrative services, may use the following clause:
"All disputes arising out of or in
connection with this contract, or in respect of any defined legal relationship
associated therewith or derived therefrom, shall be referred to and finally
resolved by arbitration under the International Commercial Arbitration Rules of
Procedure of the British Columbia International Commercial Arbitration Centre.
The appointing authority shall be the British
Columbia International Commercial Arbitration Centre.
The case shall be administered by the British
Columbia International Commercial Arbitration Centre in accordance with its
Rules.
The place of arbitration shall be Vancouver,
British Columbia, Canada."
The following matter also should be considered
by parties for inclusion in the arbitration provisions of contracts:
- governing or proper law;
- procedural law;
- number of arbitrators;
- specific qualifications of the arbitrators
or a presiding arbitrator including, but not limited to, language, technical
training;
- language or languages of the arbitration.
Mediation Clause
The parties agree to attempt to resolve all disputes arising out of or in connection with this contract, or in respect of any legal relationship associated with it or from it, by mediated negotiation with the assistance of a neutral person appointed by the British Columbia International Commercial Arbitration Centre administered under its Mediation Rules.