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ARBITRAL CLAUSE

Any dispute, controversy, or claim arising out of or in connection with this

contract, or its breach, termination, or validity thereof, shall be resolved as

follows:

1. Mediation: The parties shall first seek to resolve the dispute through

mediation under the auspices of the Centre for International

Mediators and Arbitrators (CIMA) in accordance with its mediation

rules. The mediation shall be conducted in English and shall take place

in [city, country]. If the dispute is not resolved within 30 days of the

commencement of mediation, or such other period as the parties may

agree in writing, the dispute shall be referred to arbitration.

2. Arbitration: Any dispute not resolved by mediation shall be submitted

to and finally settled by arbitration administered by CIMA in

accordance with its Arbitration Rules, which are deemed to be

incorporated by reference into this clause.

3. Seat of Arbitration: The seat of arbitration shall be [city, country].

4. Language: The arbitration proceedings shall be conducted in

[language].

5. Governing Law: The substantive law governing the contract shall be

the laws of [specify country], exclusive of any conflict-of-law rules that

may require the application of the laws of another jurisdiction.

6. Number of Arbitrators: The arbitral tribunal shall consist of

[one/three] arbitrator(s):

 If a sole arbitrator is to be appointed, the parties shall agree on

the arbitrator within 30 days of the notice of arbitration. If the

parties fail to agree, the arbitrator shall be appointed by CIMA.

 If three arbitrators are to be appointed, each party shall appoint

one arbitrator, and the two arbitrators shall appoint the third. If a

party fails to appoint an arbitrator within 30 days of receiving

notice of the appointment of the other party’s arbitrator, or if the

two arbitrators fail to agree on the third arbitrator within 30 days

of their appointment, the third arbitrator shall be appointed by

CIMA.

7. Confidentiality: The arbitration and mediation proceedings, including

all materials submitted and the award, shall remain confidential unless

disclosure is required by law or agreed upon in writing by the parties.

8. Interim Measures: The arbitrator(s) shall have the authority to grant

interim or conservatory measures as deemed necessary.

9. Enforcement: The award rendered by the arbitral tribunal shall be final

and binding on the parties, and judgment on the award may be entered

by any court of competent jurisdiction.

10. Costs: The costs of the arbitration, including the fees of the

tribunal, shall be borne as determined by the arbitrator(s) in the final

award.

Notes on CIMA Provisions

This clause includes all recommended provisions to ensure clarity,

enforceability, and efficiency:

1. Mediation before Arbitration: Encourages amicable resolution

before proceeding to arbitration.

2. Clear Arbitration Rules: References CIMA’s Arbitration Rules to

avoid ambiguity.

3. Seat and Governing Law: Ensures clarity on procedural and

substantive laws.

4. Appointment of Arbitrators: Provides mechanisms to prevent

deadlocks.

5. Confidentiality: Protects the privacy of proceedings.

6. Interim Measures: Grants arbitrators’ authority to issue urgent relief.

7. Enforcement: Ensures the binding nature of awards globally.

This clause offers a comprehensive and robust framework for dispute

resolution under CIMA’s auspices.

Practice Advice

All practitioners are encouraged to register for CIMA’s certified training on

Drafting Effective Arbitration Clauses and International Best Practice.