Model Clauses ( Arbitration Agreement | Mediation Agreement )
Arbitration is a consensual process. The most important step in initiating arbitration is the agreement to arbitrate. Both parties will have to agree to submit the dispute to arbitration. As a first step, parties should check their agreement to find out if there is an arbitration clause. Even if there is none, parties can still agree to submit the dispute to arbitration. This post-dispute agreement should be in writing. Once either step is fulfilled, a Notice of Arbitration has to be filed with the Registrar of PIAC.
We recommend that the following standard clauses be inserted into your contracts:
Recommended Arbitration Clause
We recommend that parties include the following arbitration clause in their contract: “Any dispute, controversy or claim arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally determined by arbitration at the Pacific International Arbitration Centre (PIAC) in Vietnam and in accordance with its Arbitration Rules for the time being in force, which rules are deemed to be incorporated by reference in this clause. The panel shall consist of [one/three] arbitrator(s) to be appointed in accordance with the PIAC Arbitration Rules. The language of the arbitration shall be [ ].”
Recommended Clause for Ad Hoc Arbitration
For parties selecting ad hoc arbitration in Vietnam, we recommend that they adopt the UNCITRAL Arbitration Rules and the following arbitration clause:
“Any dispute, controversy or claim arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be settled by ad-hoc arbitration in Vietnam in accordance with the UNCITRAL Arbitration Rules for the time being in force. The arbitration shall be administered by the Pacific International Arbitration Centre (PIAC) in Vietnam and in accordance with its practice rules and regulations. The appointing authority shall be the Secretariat of PIAC. The panel shall consist of [one/three] arbitrator(s) to be appointed by [the Secretariat of PIAC.] The language of the arbitration shall be [ ].”
Recommended Mediation Clause
Parties to a contract who wish to have any future disputes referred in the first instance for mediation and, in the event of failure, for arbitration under the PIAC Arbitration Rules may consider inserting the following mediation-arbitration clause in their contract:
“Any dispute, controversy or claim arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be submitted to mediation at the Pacific Mediation Commission under the Pacific International Arbitration Centre (PIAC) in Vietnam and in accordance with its rules and procedures. If, and to the extent that, any such dispute has not been settled by mediation within [ ] days of the commencement of the mediation, it shall be referred to and finally determined by arbitration at the Pacific International Arbitration Centre (PIAC) and in accordance with its Arbitration Rules. The panel shall consist of [one/three] arbitrator(s) to be appointed in accordance with the PIAC Arbitration Rules. The language of the arbitration shall be [ ].”