
Standard ICC Arbitration Clauses (Chinese version)
国际商会推荐意欲将争议提交国际商会仲裁的当事人在
其合同中使用以下标准条款
凡产生于本合同或与本合同相关的一切争议, 均应按照
国际商会仲裁规则, 由依据该规则指定的一名或数名仲
裁员终局解决。
当事人可以自由调整该条款,以适应其具体情况。例如,
考虑到国际商会仲裁规则中含有偏好采用独任仲裁员的
假设,当事人可能希望约定仲裁员人数。此外,当事人
还可能希望约定仲裁地点和仲裁语言以及对于案件实体
问题所适用的法律。国际商会仲裁规则并不限制当事人
自由选择仲裁地点和仲裁语言或合同所适用的法律。
在调整该条款时,务须谨慎避免发生歧义的风险。条款
中不明确的措辞会导致不确定性和延误,并且可能妨碍、
甚至危害到争议解决的进程。
当事人还应当将可能影响该条款在适用法律下执行力的
任何因素考虑在内。这些因素包括在仲裁地点以及预期
执行地可能存在的任何强制性要求。
- ICC Centenary Declaration on Dispute Prevention and Resolution
- Maslow’s Hammer: An Over-Reliance on Familiar Tools
- ICC Arbitration and ADR Commission Report on Issues for Experts Acting Under the ICC Expert Rules or the ICC Rules of Arbitration
- ICC Arbitration and ADR Commission Report on Issues for Arbitrators to Consider Regarding Experts
- 2021 Arbitration Rules and 2014 Mediation Rules (Korean version)
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