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| Recommended
Model Arbitration Clause |
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"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 Rules
of Arbitration of the SGO Swiss Permanent Organisation
of Arbitration in force on the date when the Notice
of Arbitration is submitted in accordance with these
Rules.
The seat of the arbitration shall
be ….. [city in Switzerland];
The number of arbitrators shall be…
[one or three]."
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A requirement for the validity of an arbitration clause is
its existence in writing.
Experience has shown that it can be difficult for the parties
of a contract to negotiate an arbitration
agreement once a dispute has arisen. This is why
it is advisable to agree from the outset, i.e. while concluding
the contract in question, which arbitral tribunal is to
have jurisdiction, i.e. to include an arbitration
clause. In addition, the parties should follow this
simple procedure:
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| Step 1 |
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An arbitration clause is added to the contract
(see sample above).
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The contract containing the arbitration clause
is be signed by both parties.
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A dispute arises: If a mutually acceptable
solution cannot be reached without the assistance of experts,
the claimant contacts the SGO. After the Notice of Arbitration
has been received (by the SGO Secretariat) and after the registration
fee has been paid and credited to SGO, an arbitral tribunal
is appointed to resolve the dispute. |
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Copyright
© 2005-2009, SGO Swiss Permanent Organisation of Arbitration,
Uraniastrasse 12, CH–8001 Zurich / Switzerland |
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