对于大多数国际合同, 仲裁机构起草的示范仲裁条款足以确保在发生争端时顺利进行且灵活的仲裁程序. 模型仲裁条款已在数千个仲裁中使用，并经过了实战测试, 提供不太可能造成管辖权问题的措词. 为了从国内法院系统中消除商业纠纷并在发生纠纷时对其进行仲裁, 通常所需要做的就是将示范仲裁条款复制并粘贴到国际合同中.
在过去, 有必要在合同中插入快速仲裁规则，以确保针对较小纠纷的简化仲裁程序. 在过去十年中，情况发生了变化, 然而, 和许多主要的仲裁机构一样, 例如ICC, SCC, 新加坡国际仲裁中心, HKIAC和ICDR, 已将选择退出的快速仲裁程序纳入其仲裁规则, 自动为较小的争议提供简化的仲裁程序. 例如, 《国际商会加急程序规定》自动适用于 (1) 仲裁协议在 1 游行 2017, (2) 争议金额为美元 2,000,000 或更少和 (3) 各方未选择退出ICC快速程序规则.
下面, 您将找到世界主要国际仲裁机构的示范条款, 截至三月 2019.
美国仲裁协会 (AAA级) / 国际争端解决中心 (CDR)
ICDR是AAA处理国际争议的分支. 对于ICDR仲裁, 模型子句读取:
“Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.”
斯德哥尔摩商会仲裁院 (SCC)
“Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.”
开罗国际商事仲裁区域中心 (CRCICA)
示范仲裁条款:
“Any dispute, controversy or claim arising out of or relating to this contract, its interpretation, execution, the termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of Arbitration of the Cairo Regional Centre for International Commercial Arbitration.”
米兰国家国际仲裁庭 – “任意房间米兰” (凸轮)
“All disputes – included those of not contractual nature – arising out of, related or connected to this agreement shall be settled by arbitration under the Rules of the Milan Chamber of Arbitration (the Rules), by a sole arbitrator / three arbitrators, appointed in accordance with the Rules, which are deemed to be incorporated by reference into this clause.”
中国国际经济贸易仲裁委员会 (贸仲)
“Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.”
波兰商会仲裁法院 – “波兰商会仲裁法院” (萨基格)
“Any disputes arising out of or related to this agreement shall be finally settled under the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce in force on the date of commencement of the proceeding by an arbitrator or arbitrators appointed in accordance with the said Rules.”
罗马尼亚工商会附属国际商事仲裁法院 (猫)
“Any dispute arising out of or in connection with the present contract, including with respect to its conclusion, nullity, interpretation, performance or termination thereof shall be resolved by final arbitration organized by the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania, in accordance with its Arbitration Rules. The award shall be final, binding and enforceable.”
法院和仲裁庭 (CCJA /大田)
“Tous différends découlant du présent contrat ou en relation avec celui-ci seront tranchés définitivement suivant les dispositions titre IV du Traité relatif à l’harmonisation du droit des affaires en Afrique et le Règlement d’arbitrage de la Cour Commune de Justice et d’Arbitrage de l’OHADA par un ou plusieurs arbitres nommés conformément à ces textes.”
迪拜国际仲裁中心 (迪亚克)
“Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this contract or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the DIAC Arbitration Rules (“the Rules”), by one or more arbitrators appointed in compliance with the Rules.”
德国仲裁机构 (DIS)
“(1) All disputes arising out of or in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law. (2) The arbitral tribunal shall be comprised of [please enter “a sole arbitrator” or “three members”]. (3) The seat of the arbitration is [please enter city and country]. (4) The language of the arbitration shall be [please enter language of the arbitration]. (5) The rules of law applicable to the merits shall be [please enter law or rules of law].”
香港国际仲裁中心 (香港国际仲裁中心)
“Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be [law]. The seat of arbitration shall be [City]. The number of arbitrators shall be [one/three]. The arbitration proceedings shall be conducted in [language].”
国际投资争端解决中心 (国际投资争端解决中心)
“The [Government]/[name of constituent subdivision or agency] of name of Contracting State (hereinafter the “Host State”) and name of investor (hereinafter the “Investor”) hereby consent to submit to the International Centre for Settlement of Investment Disputes (hereinafter the “Centre”) any6 dispute arising out of or relating to this agreement for settlement by [conciliation]/[arbitration]/[conciliation followed, if the dispute remains unresolved within time limit of the communication of the report of the Conciliation Commission to the parties, by arbitration] pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (hereinafter the “Convention”).”
伦敦国际仲裁法院 (伦敦国际仲裁院)
“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 be [City and/or Country]. The language to be used in the arbitral proceedings shall be [ ]. The governing law of the contract shall be the substantive law of [ ].”
新加坡国际仲裁中心 (新加坡国际仲裁中心)
“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.”
瑞士商会仲裁机构 (魔术贴)
“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 Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be … [“one”,” three”, “one or three”]. The seat of the arbitration shall be … [name of city in Switzerland, unless the parties agree on a city in another country]. The arbitral proceedings shall be conducted in … [insert desired language].”
维也纳国际仲裁中心 (MORE)
“All disputes or claims arising out of or in connection with this contract, including disputes relating to its validity, breach, termination or nullity, shall be finally settled under the Rules of Arbitration (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by one or three arbitrators appointed in accordance with the said Rules.”
世界知识产权组织 (世界知识产权组织) 仲裁与调解中心
“Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall consist of [a sole arbitrator][three arbitrators]. The place of arbitration shall be [specify place]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute, controversy or claim shall be decided in accordance with the law of [specify jurisdiction].”