文/环中仲裁团队

来源/微信公众号 环中商事仲裁(ID:HZ-Arb)

 

仲裁条款是商事仲裁的基石，研读各机构的示范仲裁条款，有利于起草规范的仲裁条款，避免出现瑕疵的仲裁条款。

 

本文不包含行业仲裁机构以及受理一方或双方当事人为国家或国际组织的仲裁机构。

 

联合国贸法会不是仲裁机构，但有仲裁规则及示范条款，也可作为临时仲裁的示范条款。

 

本文收录的示范仲裁条款涉及如下仲裁机构：

 

国际：ICC

 

北美：ICDR、AAA

 

欧洲：LCIA、SCC、VIAC、DIS、 瑞士商会仲裁院

 

亚洲：HKIAC、SCIA、KLRCA、JCAA、KCAB、中华仲裁协会

 

中东：DIAC

 

澳洲：ACICA

 

非洲：CRCICA

 

小编利用互联网广泛收集了境外主要机构商事仲裁示范条款，推荐大家收藏。使用时请根据适用法律进行核实。

 

联合国贸易法会UNCITRAL 2010

 

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules.

 

国际商会仲裁院(ICC)

 

RULES OF ARBITRATION

 

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

 

国际商会仲裁(ICC)

 

ARBITRATION IN THE PEOPLE’S REPUBLIC OF CHINA (PRC)

 

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

 

争议解决国际中心(ICDR)

 

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.

 

美国仲裁协会（AAA）

 

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) maybe entered in any court having jurisdiction thereof.

 

伦敦国际仲裁中心（LCIA）

 

"Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity ortermination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into thisclause.

 

The number of arbitrators shall be [one/three].

 

The seat, or legal place, of arbitration shall be[City and/or Country].

 

The language to be used in the arbitral proceedingsshall be [    ].

 

The governing law of the contract shall be the substantive law of [    ]."

 

斯德哥尔摩商会仲裁院(SCC)

 

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

 

Recommended additions:

 

The arbitral tribunal shall be composed of three arbitrators/a sole arbitrator.

 

The seat of arbitration shall be […].

 

The language to be used in the arbitral proceedings shall be […].

 

This contract shall be governed by the substantive law of […].

 

维也纳国际仲裁中心(VIAC)

 

"All disputes or claims arising out of or inconnection with this contract including disputes relating to its validity,breach, termination or nullity shall be finally settled under the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or three arbitrators appointed in accordance with the said Rules."

 

Possible supplementary agreements:

 

(1) The provisions on expedited proceedings are applicable;

 

(2) The number of arbitrators shall be ..............(one or three);

 

(3) The substantive law of .............. shall be applicable)；

 

(4) The language to be used in the arbitral proceedings shall be ..

 

德国仲裁协会（DIS）

 

All disputes arising in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law."

 

The following points – particularly in the case of a foreign element – should be considered:

 

- The place of arbitration is ..

 

- The number of arbitrators is ...

 

- The language of the arbitral proceedings is ...

 

- The applicable substantive law is ...

 

瑞士商会仲裁院

 

Swiss Chambers' Arbitration Institution

 

Any dispute, controversy or claim arising out of,or in relation to, this contract, including the validity, invalidity, breach,or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules.

 

The number of arbitrators shall be ...("one"," three", "one or three");

 

The seat of the arbitration shall be ... (name of city in Switzerland, unless the parties agree on a city in another country);

 

The arbitral proceedings shall be conducted in...(insert desired language).

 

香港国际仲裁中心（HKIAC）

 

"Any dispute, controversy, difference or claimarising out of or relating to this contract, including the existence, validity,interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

 

*The law of this arbitration clause shall be ...(Hong Kong law).

 

The seat of arbitration shall be ...(Hong Kong).

 

**The number of arbitrators shall be ... (one orthree). The arbitration proceedings shall be conducted in ...(insert language)."

 

新加坡国际仲裁中心（SIAC）

 

Model Clause for Contracts with PRC Parties

 

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity ortermination, shall be referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.

 

The seat of the arbitration shall be Singapore.

 

The Tribunal shall consist of______(1or 3) arbitrator(s).

 

The language of the arbitration shall be____.

 

吉隆坡区域仲裁中心（KLRCA）

 

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the KLRCA Arbitration Rules.

 

日本商事仲裁协会（JCAA）

 

All disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in (name of city)in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association.

 

韩国商事仲裁院（KCAB）

 

Any disputes arising out of or in connection with this contract shall be finally settled by arbitration in Seoul in accordance

 

with the International Arbitration Rules of the Korean Commercial Arbitration Board.

 

The number of arbitrators shall be [one / three]

 

The seat, or legal place, of arbitral proceedings shall be [city / country]

 

The language to be used in the arbitral proceedings shall be [language]

 

中华仲裁协会,台北（CAA,Taipei）

 

与外国厂商签约用

 

Any dispute, controversy, difference or claim arising out of, relating to or in connection with this contract, or the breach,termination or invalidity thereof, shall be finally settled by arbitration referred to the Chinese Arbitration Association, Taipei in accordance with the Association’s arbitration rules. The place of arbitration shall be in Taipei,Taiwan. The language of arbitration shall be __________(e.g. English). The arbitral award shall be final and binding upon both parties.

 

两岸商务签约用

 

1.任何由本合同所生或与本合同有关之争议，应提交设于台湾地区之中华仲裁协会(址设：台北市仁爱路四段376号14楼)，依台湾仲裁法及中华仲裁协会之仲裁规则以仲裁解决之。

 

2.仲裁地为台湾_____（台北市/台中市/高雄市(请选一地)），但仲裁询问会得由仲裁庭决定或经当事人双方合意于______（注：可以为大陆之城市或其他第三地如香港）举行。

 

3.仲裁程序应以中文进行并以中文作成仲裁判断书。

 

4.仲裁判断为终局的，对双方当事人均有拘束力。

 

迪拜国际仲裁中心（DIAC）

 

 “Any dispute arising out of the formation, performance, interpretation, nullification,termination or invalidation of this contract or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the Dubai International Arbitration Centre(DIAC)  Arbitration Rules (“the Rules”),by one or more arbitrators appointed in compliance with the Rules.”

 

澳大利亚国际商事仲裁中心（ACICA ）

 

Any dispute, controversy or claim arising out of,relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia [or choose another city]. The language of the arbitration shall be English [or choose another language]. The number of arbitrators shall be one [or three, or delete this sentence and rely on Article8 of the ACICA Arbitration Rules].

 

开罗国际商事仲裁区域中心 (CRCICA)

 

Any dispute, controversy or claim arising out of or relating to this contract, its interpretation, execution, the termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of Arbitration of the Cairo Regional Centre for International CommercialArbitration.

 

责编/连哲

实习编辑/黄阳

为无讼投稿/tougao@wusongtech.com