Model clauses

Model clauses

Option 1: Arbitration only

“Any dispute, controversy, difference or claim arising out of or relating to the present contract shall be referred to and finally resolved by arbitration administered by the Arbitration and Mediation Center of the Mauritius Chamber of Commerce and Industry (MARC) under the MARC Arbitration Rules in force when the Request for Arbitration is submitted.

The seat of arbitration shall be [insert seat, e.g. Port Louis, Mauritius].

 

* The law of this arbitration clause shall be [insert law, e.g. Mauritius law].

** The number of arbitrators shall be [one or three].

 

The arbitration proceedings shall be conducted in [insert language]”

* Optional. This provision should be included particularly where the law of the substantive contract and the law of the seat are different. The law of the arbitration clause potentially governs matters including the formation, existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration clause and identities of the parties to the arbitration clause. It does not replace the law governing the substantive contract.


** Optional


Option 2: Mediation only

“Any dispute arising in connection with the present contract shall be settled under the Mediation Rules of the Arbitration and Mediation Center of the Mauritius Chamber of Commerce and Industry (MARC).”


Option 3: Mediation and Arbitration

Any dispute, controversy, difference or claim arising out of or relating to the present contract may at any time be referred, by consenting parties, to mediation under the Mediation Rules of the Arbitration and Mediation Center of the Mauritius Chamber of Commerce and Industry (MARC).

 

In the event no mediation is attempted, or if mediation is attempted and no settlement is reached within [insert the number of days] days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute, controversy, difference or claim shall be referred, or referred back as the case may be, to be finally resolved by arbitration administered by the Arbitration and Mediation Center of the Mauritius Chamber of Commerce and Industry (MARC) under the MARC Arbitration Rules in force when the Request for Arbitration is submitted.

 

 The seat of arbitration shall be [insert seat, e.g. Port Louis, Mauritius].

 

* The law of this arbitration clause shall be [insert law, e.g. Mauritius law].

 

** The number of arbitrators shall be [one or three].

 

 The arbitration proceedings shall be conducted in [insert language]”

 

* Optional. This provision should be included particularly where the law of the substantive contract and the law of the seat are different. The law of the arbitration clause potentially governs matters including the formation, existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration clause and identities of the parties to the arbitration clause. It does not replace the law governing the substantive.

 

 ** Optional

 

 

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