MODEL
CLAUSES
The Centre recommends the following ARBITRATION / MEDIATION
clause.
Parties are free to insert this clause into their contracts:
MEDIATION
CLAUSE
"Any dispute arises out of or in connection with this
contract, or in respect of any defined legal relationship associated therewith
or derived therefrom, the parties agree to seek an amicable settlement of the
dispute through mediation under the Rules of Mediation of the Indo French Mediation
& Arbitration Centre. The mediation shall take place in India/France and be
administered under the Rules of Mediation of the "Indo French Mediation &
Arbitration Centre".
If the dispute has not
been settled pursuant to the said Rules within 60 days following the written invitation
to mediate or within such other period as the parties may agree in writing, the
dispute shall be resolved by arbitration in accordance with the Rules of Arbitration
of the Indo French Mediation & Arbitration Centre.
ARBITRATION
CLAUSE
"Any dispute or difference or claim arising out of or in
relation to this contract, including the construction, validity, performance or
breach thereof, shall be settled and decided by arbitration in accordance with
the Rules of Arbitration of Indo French Mediation & Arbitration Centre and
the award made in pursuance thereof shall be binding on the parties." Parties
need not have a prior Mediation clause or Arbitration clause or agreement to refer
their dispute to Centre. Cases
may be registered on the spot by submitting a written consent from both the parties. |
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