1 Some of the the Model Clauses can be copied directly from this website and pasted into a contract. It is strongly recommended not to use self-designed arbitration clauses but rather to insert one of these practice-tested Model Clauses, which have been published by a recognized arbitration institution, directly into the contract, without any changes. Alternatively, the UNCITRAL Model Clause can be used.
2 An arbitration clause should always include the number of arbitrators (sole arbitrator or three-member panel), the seat of the arbitration, and – especially in international contracts – the language of the arbitration. International contracts should also include a separate choice of law clause. It should be noted that this choice is limited to the substantive law applicable to the contract. The law applicable to the arbitral procedure is determined by the seat of the arbitration, selected by the parties. In part, the following model clauses provide drafting instructions that are shown in italics and must be supplemented or deleted when using the clause.
3 If the arbitration clause is to be inserted into a Master Agreement such as the one published by ISDA, it is important to ensure that the jurisdiction clause contained in that Agreement is deleted in order to avoid confusion as to the validity of either clause. A unilateral option clause that gives one party the right to choose between national courts and arbitration should be avoided.
4 Some arbitral institutions have standard clauses for arbitration relating to future disputes (arbitration agreement), as well as for existing legal disputes (submission agreement) (cf. Art. 7 UNCITRAL Model Law on International Commercial Arbitration).
5 The arbitration rules referred to in the model clauses and which will become part of the contract are available on the linked websites of the respective arbitral institution.
6 Some arbitral institutions offer special arbitration rules or special provisions in their arbitration rules for expedited arbitration ("fast track arbitration"). The effected time benefit can be especially advantageous for financial market disputes that only depend on a question of law. They are also of particular interest for simple payment claims, e.g. under a loan agreement or the calculation of a close-out netting amount under the ISDA Master Agreement. This form of expedited arbitration is not to be confused with the "Emergency Arbitrator." That concerns an arbitrator who is appointed in special and urgent circumstances relating to the adoption of urgent measures prior to the constitution of the arbitral tribunal.
7 The Model Clauses are presented in alphabetical order. We assume no responsibility or liability for their accuracy and completeness.