Parties that wish to transfer future dispute for settlement by mediation and/or arbitration in Kazakhstani International Arbitrage are recommended to include the following clauses to their contracts:
- MEDIATION ONLY
«If any dispute arises from this agreement or in relation thereto and if this dispute cannot be settled by means of negotiations, the parties shall submit the dispute to be settled by means of mediation under the Rules of Mediation of Kazakhstani International Arbitrage before applying to the court of the common jurisdiction, arbitration court or to be settled otherwise.
The number of mediators shall be _________ mediators (sole mediator);
The place of mediation shall____________
The language to be used in the mediation proceedings shall be________
The mediation shall be completed within ______ days after selection of the mediator by the parties.
- ARBITRATION ONLY
«Any disputes and/or controversies arising out of or relating to this contract (agreement) shall be subject to final settlement in Kazakhstani International Arbitrage in accordance with the current Rules of Arbitration.
The panel of Arbitrators shall consist of ___________ Arbitrators (Sole Arbitrator).
The place of arbitration shall be ___________________.
The language to be used in the arbitration proceedings shall be ____________________.
This contract (agreement) shall be governed by the rules of substantive law (specify) __________________
- MEDIATION AND ARBITRATION
«If any dispute arises from this agreement or in relation thereto and if this dispute cannot be settled by means of negotiations, the parties shall submit the dispute to be settled by means of mediation under the Rules of Mediation of Kazakhstani International Arbitrage.
If the dispute is not settled within _____ days from the appointment of Mediator or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Rules of Arbitration of Kazakhstani International Arbitrage.
The language to be used in the mediation and in the arbitration shall be _________.
The governing law of the contract shall be the substantive law of _________.
In any arbitration commenced pursuant to this clause,
- The panel of Arbitrators shall consist of ___________ Arbitrators (Sole Arbitrator); and
- the place of arbitration shall be _________________ .«
- IF KIA HAS BEEN SELECTED AS APPOINTING AUTHORITY OR BODY THAT PROVIDES ADMINISTRATIVE SERVICES UNDER UNCITRAL ARBITRATION RULES
«Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules, in effect on the date of this contract.»
The clause should be followed by the agreement concerning the services requested, for instance:
«The appointing authority shall be Kazakhstani International Arbitrage» or
«Kazakhstani International Arbitrage shall act as the appointing authority and provide administrative services in accordance with its administrative procedures for cases resolved under UNCITRAL Arbitration Rules.»
- EXISTING DISPUTES
If a dispute has already arisen, but there is no agreement between the parties to mediate and/or to arbitrate, the parties may enter into an agreement for those purposes. In such cases, please contact Kazakhstani International Arbitrage if recommended wording is required.
