International arbitration clauses—example institutional clause
Produced in partnership with Peter McQueen

The following Arbitration practice note produced in partnership with Peter McQueen provides comprehensive and up to date legal information covering:

  • International arbitration clauses—example institutional clause
  • Example institutional clause: LCIA model clause for future disputes
  • Scope of the clause
  • Procedure of the arbitration
  • Appointment of arbitrators
  • The seat of the arbitration
  • Language of the arbitration
  • Governing (applicable) law of the substantive contract and the arbitration clause

International arbitration clauses—example institutional clause

Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts. Arbitration can be conducted on an ad hoc basis (in accordance with a set of arbitration rules, such as the London Maritime Arbitrators Association (LMAA) Terms, and/or the applicable national arbitration law) or administered by an arbitration institution, typically in accordance with the arbitral institution’s arbitration rules. There are a variety of institutional arbitration rules available for incorporation into arbitration agreements, leading examples including those of the International Chamber of Commerce (the ICC Rules) and the London Court of International Arbitration (LCIA) (the LCIA Rules). By way of example, this Practice Note discusses, in the context of the law of England and Wales, the LCIA’s recommended arbitration clause for future disputes, although it should be noted that the points made may be relevant to other institutional arbitration clauses.

Example institutional clause: LCIA model clause for future disputes

‘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 under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be [one/three]. The seat, or legal place, of arbitration shall

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