Pre-Arbitral Referee Clauses

The standard clause recommended by ICC states:

“Any party to this contract shall have the right to have recourse to and shall be bound by the pre-arbitral referee procedure of the International Chamber of Commerce in accordance with its Rules for a Pre-Arbitral Referee Procedure”

Combined clause for pre-arbitral procedure and arbitration:

Parties are reminded that if they wish to have recourse to ICC arbitration as well as to the ICC pre-arbitral referee procedure, a specific reference to both procedures should be stipulated. For that purpose the following clause is recommended:

Any party to this contract shall have the right to have recourse to and shall be bound by the pre-arbitral referee procedure of the International Chamber of Commerce in accordance with its Rules for a Pre-Arbitral Referee Procedure.

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules of Arbitration.

If the parties do not want the Emergency Arbitrator Provisions to apply in arbitration, they must expressly opt out.

The extent to which the ICC Rules for a Pre-Arbitral Referee Procedure are recognised and accepted may vary from one country to another depending on the applicable law(s). Parties wishing to have recourse to these Rules should ensure that they conform with the law(s) applicable to each case.