SAMPLE CLAUSES

Arbitration

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Arbitration

(Sample Clause 1)

Option A – Arbitration by a sole arbitrator

 

1.1 The validity, construction and performance of this Agreement and any claim, dispute or matter (whether contractual or non-contractual) arising under or in connection with this Agreement or its enforceability shall be governed by and construed in accordance with the laws of India.

1.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be mutually appointed by the parties to this Agreement. The seat, or legal place, of arbitration shall be Mumbai, India. The language to be used in arbitral proceedings shall be English.

Arbitration

(Sample Clause 2)

Option B – Arbitration by a panel of three arbitrators

1.1 The validity, construction and performance of this Agreement and any claim, dispute or matter (whether contractual or non-contractual) arising under or in connection with this Agreement or its enforceability shall be governed by and construed in accordance with the laws of India.

1.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996. The number of arbitrators shall be three. The claimant shall nominate one arbitrator. The respondent shall nominate one arbitrator. The third arbitrator (who shall be presiding arbitrator of the arbitral tribunal) shall be selected and appointed mutually by the two arbitrators so appointed by the claimant and respondent. The seat, or legal place, of arbitration shall be Mumbai, India. The language to be used in arbitral proceedings shall be English

Arbitration

(Sample Clause 3)

Option C – Institutional Arbitration

1.1 The validity, construction and performance of this Agreement and any claim, dispute or matter (whether contractual or non-contractual) arising under or in connection with this Agreement or its enforceability shall be governed by and construed in accordance with the laws of India.

1.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration, which rules are deemed to be incorporated by reference in this Clause. The seat of arbitration shall be Mumbai, India and the arbitration shall be conducted by 3 (three) arbitrators of which the first shall be appointed by the claimant, the second by the respondent and the third arbitrator shall be appointed by the 2 (two) arbitrators so appointed. All  arbitration proceedings shall be conducted in the English language.

Arbitration

(Sample Clause 4)

Arbitration

(Sample Clause 5)

Arbitration

(Sample Clause 6)

Arbitration

(Sample Clause 7)

Arbitration

(Sample Clause 8)

Arbitration

(Sample Clause 9)
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