Model Clauses

The business community needs a fast-track, efficient, fair and creative alternative to resolve commercial disputes. Arbitration reduces uncertainty and allows parties to manage their disputes privately, expeditiously and at less cost than litigation.

An arbitration clause in a commercial contract provides insurance that disputes will be resolved out of court.

A mediation clause may be included in a contract as a first step to attempt resolution before advancing to arbitration.

Parties who agree to arbitrate under the BCICAC Rules, and to have BCICAC act as appointing authority to provide administrative services, may use the following clauses:

Arbitration Clause
Mediation Clause
Arbitration-Mediation Combined Clause
All Inclusive Clauses
International Clause

The following should also be considered by parties for inclusion in the mediation/arbitration provisions of contracts:

governing or proper law
procedural law
number of arbitrators/mediators
specific qualifications of the arbitrators/mediators or a presiding arbitrator/mediator including, but not limited to, language, technical training;
language or languages of the arbitration
place of hearing

Arbitration Clause

All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre (BCICAC) pursuant to its applicable Rules.

The place of arbitration shall be Vancouver, British Columbia, Canada.

Options:
The parties agree that either (any) party shall have a right of appeal pursuant to the BCICAC Rules with the grounds of appeal to be:
on a question of law with leave of the Appeal Tribunal. Or
on a question of law. Or
on a question of law or a question of mixed fact and law. Or
on a question of law, a question of mixed fact and law or a question of fact, in which case the appeal shall be only on the record.

Further Option
Except for the appeal process under the BCICAC Rules, the parties agree that they will not appeal any arbitration decision, or decision of an Appeal Tribunal, to any court. Or:

The parties agree that they will not appeal any arbitration decision to any court.

Mediation Clause

The parties agree to attempt to resolve all disputes arising out of or in connection with this contract, or in respect of any legal relationship associated with it or from it, by mediated negotiation with the assistance of a neutral person appointed by the British Columbia International Commercial Arbitration Centre administered under its Mediation Rules.

Arbitration and Mediation Combined

In order to combine mediation with arbitration and therefore ensure a binding resolution, we suggest you add the following additional paragraph to the mediation clause set out above:

If the dispute cannot be settled within 30 days after the mediator has been appointed, or such other period agreed to in writing by the parties, the dispute shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre, pursuant to its Rules.

In the absence of any written agreement otherwise, the place of arbitration shall be Vancouver, British Columbia.

All Inclusive Clauses

Amicable Negotiation
The parties agree that, both during and after the performance of their responsibilities under this Agreement, each of them shall make bona fide efforts to resolve any disputes arising between them by amicable negotiations and provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate those negotiations.

Efficient Process
The parties further agree to use their best efforts to conduct any dispute resolution procedures herein as efficiently and cost effectively as possible.

Mediation
The parties agree to attempt to resolve all disputes arising out of or in connection with this contract, or in respect of any legal relationship associated with it or from it, by mediated negotiation with the assistance of a neutral person appointed by the British Columbia International Commercial Arbitration Centre administered under its Commercial Mediation Rules.

Arbitration
If the dispute cannot be settled within 30 days after the mediator has been appointed, or such other period agreed to in writing by the parties, the dispute shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre, pursuant to its Rules.

In the absence of any written agreement otherwise, the place of arbitration shall be Vancouver, British Columbia.

International Clause

All disputes arising out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre.

The appointing authority shall be the British Columbia International Commercial Arbitration Centre.

The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules.

The place of arbitration shall be Vancouver, British Columbia, Canada.

Model Clauses

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