Model Clauses
Model Clauses on Dispute Resolution for Commercial Contracts
SIAC Model Clause
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration 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 ________________** arbitrator(s).
The language of the arbitration shall be ________________.
APPLICABLE LAW
Parties should also include an applicable law clause. The following is recommended:
This contract is governed by the laws of ________________.***
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* Parties should specify the seat of arbitration of their choice. If the parties wish to select an alternative seat to Singapore, please replace “[Singapore]” with the city and country of choice (e.g., “[City, Country]”).
** State an odd number. Either state one, or state three.
*** State the country or jurisdiction.
Source: http://www.siac.org.sg/model-clauses/siac-model-clause
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SIMC Model Clause
“All disputes, controversies or differences arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be first referred to mediation in Singapore in accordance with the Mediation Rules of the Singapore International Mediation Centre for the time being in force.”
Source: http://simc.com.sg/simc-mediation-clause/
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The Singapore Arb-Med-Arb Clause
“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration 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 ________________** arbitrator(s).
The language of the arbitration shall be ________________.
“The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.”
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* Parties should specify the seat of arbitration of their choice. If the parties wish to select an alternative seat to Singapore, please replace “[Singapore]” with the city and country of choice (e.g., “[City, Country]”).
** State an odd number. Either state one, or state three.
Source: http://simc.com.sg/the-singapore-arb-med-arb-clause/
https://www.siac.org.sg/model-clauses/the-singapore-arb-med-arb-clause
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SICC Model Clause
“Each party irrevocably submits to the exclusive* jurisdiction of the Singapore International Commercial Court all disputes arising out of or in connection with the present contract, including any question relating to its existence, validity or termination.”
The basic jurisdiction clause may be supplemented or modified in order to take into account any concerns or special requirements that the parties may have, including Governing Law, Consent to Transfer, Waiver of Objections, Compliance, etc.
There is also another version available for consideration, as well as model clauses for parties to submit to the jurisdiction of the SICC at any other time, such as after a dispute has arisen.
Source:https://www.sicc.gov.sg/docs/default-source/guide-to-the-sicc/sicc_model_clauses.pdf
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