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.
Parties are free to adapt the clause to their particular circumstances. For instance, they may wish to stipulate the number of arbitrators, given that the ICC Arbitration Rules contain a presumption in favour of a sole arbitrator. Also, it may be desirable for them to stipulate the place and language of the arbitration and the law applicable to the merits. The ICC Arbitration Rules do not limit the parties’ free choice of the place and language of the arbitration or the law governing the contract.
When adapting the clause, care must be taken to avoid any risk of ambiguity. Unclear wording in the clause will cause uncertainty and delay and can hinder or even compromise the dispute resolution process.
Parties should also take account of any factors that may affect the enforceability of the clause under applicable law. These include any mandatory requirements that may exist at the place of arbitration and the expected place or places of enforcement.
- 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)
- ICC Arbitration and ADR Commission Report on the Accuracy of Fact Witness Memory in International Arbitration (Russian)
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