MODEL CLAUSE
CIAC MODEL ARBITRATION CLAUSE
In drawing up contracts, we recommend that parties include the following arbitration
clause in their agreement for Institutional Arbitration through Construction Industry
Arbitration Council (CIAC) which is approved & notified Arbitral Institution by the
Department of Justice, Ministry of Law & Justice, Govt. of India.
“All and any dispute arising out of or in connection with this contract, what-so-ever
arising between the parties relating to the construction, meaning, scope, operation
or effect of the contract or its existence, validity or termination, shall be referred to
and finally resolved through Alternative Dispute Resolution (ADR) i.e. Mediation,
Conciliation or/and Arbitration as Institutional Arbitration - On-Line or
Conventional Method in India/ Foreign country in accordance with the Arbitration
Rules of the Construction Industry Arbitration Council 2013 with Amendments upto
December, 2015 or onward ("here in after called CIAC -Arbitration Rules-2013") in
force at the commencement of the arbitration, which rules are deemed to be
incorporated by reference in this clause, and the award made in pursuance thereof
shall be binding on the parties”
* Choose as appropriate - If the matter is domestic (between Indian parties) then New
Delhi or any other place in India can be chosen. If the matter is International
(between an Indian party and foreign party or between two foreign parties) then any
country as per agreement or as decided by the chairman of CIAC.
Parties may have to consider adding the followings.
(i) The number of Arbitrator (s)/conciliator(s) shall be.......................... (State an
odd number).
(ii) The language of the arbitration/ conciliation shall be English.
(iii) Specific qualifications of the arbitrator(s) / conciliator(s) including Technical
qualifications & Experience.
Governing Law Clause
The governing law clause should be drafted under legal advice. The following are
sample model clauses:
I. Where the place of arbitration is New Delhi or any other city in India: -
“This contract is governed by the laws of India.”
II. Where the place of arbitration is International: -
“This contract is governed by the laws of the country as laid down in the
agreement or as decided by the Chairman, CIAC.”
RECOMMENDED ARBITRATION AGREEMENT
Parties to an existing dispute, who have not included a CIAC arbitration clause for
Institutional Arbitration, through Alternate Dispute Resolution (ADR) i.e. Mediation,
Conciliation or/and Arbitration - Online or Conventional Method in India/Foreign
Country in their underlying contract may agree to refer the dispute to Construction
Industry Arbitration Council (CIAC) for Institutional Arbitration under CIAC
Arbitration Rules (applicable at the time of commencement of Arbitration) in the
following terms:
We, _______________, the undersigned, hereby agree that all disputes and differences
arising under, out of, or in connection with the following contract:
[Brief description of the contract under which the disputes have arisen or may arise]
Be referred to and finally resolved by arbitration in [India/Foreign Country] in
accordance with the Arbitration Rules of the Construction Industry Arbitration
Council ("CIAC Arbitration Rules") in force at the commencement of the arbitration.”
The Tribunal shall consist of _________* arbitrator(s) to be appointed by the Chairman
of the Construction Industry Arbitration Council.
* Choose as appropriate - If the matter is domestic (between Indian parties) then New
Delhi or any other place in India can be chosen. If the matter is international
(between an Indian party and foreign party or between two foreign parties) then the
country as per agreement of the parties is to be chosen or as decided by the
Chairman.
Parties may consider adding the followings.
(i) The number of Arbitrator (s)/conciliator(s) shall be...................... (state an odd
number).
(ii) The language of the arbitration/ conciliation shall be English.
(iii) Specific qualifications of the arbitrator(s) / conciliator(s) including Technical
qualifications & Experience.
This Agreement has been signed this the ______ day of ________ 2017 __________ at
_____________ by:
Party No.1
___________________ for and on behalf of ____________________________________
(Name and Address of the Party to be given) and duly signed by the authorized person.
Party No.2
__________________ for and on behalf of ____________________________________
(Name and Address of the Party to be given) and duly signed by the authorized person.
Signature___________________________ Signature_______________________
Party No. 2 Party No. 1
