ICAM Model Clauses

ICAM MODEL CLAUSES

Model Clause for Arbitration

In the event of any dispute arising out of or in connection with the present contract, including any question regarding its existence, validity, or termination, the parties shall refer the same for arbitration to be finally resolved under the administration of Indian chambers of arbitration and mediation (“ICAM”) in accordance with the Arbitration Rules of Indian chambers of arbitration and mediation (“ICAM Rules”) for the time being in force. The seat of Arbitration shall be ___________________. The Tribunal shall consist of one or more arbitrators appointed in accordance with the said Rules. The language of the arbitration proceedings shall be English. The law governing the arbitration agreement shall be ____________. The law governing the contract shall be ____________

Model Clause for Mediation

In the event of any dispute arising out of or in connection with the present agreement, the parties shall, in the first instance, refer the dispute to conciliation (also referred to as Mediation) under the ICAM Mediation Rules. Such reference shall be by way of a notice in writing, and will be a notice for the purpose of commencement of conciliation.The commencement or pendency of conciliation under the ICAM Mediation Rules will not prevent any party from seeking interim relief or reliefs for the purpose of preserving their rights.If the dispute has not been settled through conciliation under the ICAM Mediation Rules within __________ days following the commencement of conciliation or within such other period as the parties may agree in writing, such dispute shall thereafter be finally resolved through _________.

Model Clause for MedArb

In the event of any dispute arising out of or in connection with the present contract, the parties shall first refer the dispute to conciliation (also referred to as Mediation) under the ICAM Mediation Rules. Such reference shall be by way of a notice in writing, which shall also be deemed to be a notice for the purpose of commencement of arbitration. If the dispute is not settled pursuant to the said Rules within 30 days following the filing of a Request for Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be referred to arbitration and finally resolved under the ICAM Arbitration Rules.

For the avoidance of doubt, it is clarified that:

a) all disputes that fall within the scope of arbitration agreement may be resolved in such arbitration; and
b) even during the pendency of conciliation, parties may seek interim relief or Emergency Measures under the Emergency Arbitrator Provisions in the ICAM Arbitration Rules.