The incorrect drafting of the arbitration clauses, its inaccuracy, or its omission of some important points may lead to some procedural problems that may lead to the invalidity of the clause. The absence of important details, such as the appointment of the arbitral tribunal, the language of arbitration, or the law applicable to the dispute, significantly impacts the effectiveness and efficiency of the arbitration process. Therefore, the Egyptian Centre for Arbitration and Settlement of Non-banking Financial Disputes (ECAS) recommends utilizing its model clauses, provided below, when incorporating arbitration provisions into contracts to ensure comprehensive coverage of all aspects of the arbitration process under ECAS rules.

ECAS Model Arbitration Clause:

Any dispute arising from the formation, performance, interpretation, nullification, termination, or invalidation of this contract, or related thereto in any manner whatsoever, shall be resolved through arbitration in accordance with the Rules of Arbitration of the Egyptian Centre for Arbitration and Settlement of Non-banking Financial Disputes.

In the event that the parties choose mediation as a preliminary step before arbitration, ECAS provides the following model clauses covering various dispute resolution agreements:

Mediation-Arbitration Clause:

Any dispute, controversy, or claim arising from or relating to this contract, its interpretation, execution, termination, or invalidity, shall be resolved through mediation, in accordance with the Rules of Mediation of the Egyptian Centre for Arbitration and Settlement of Non-banking Financial Disputes. In the event that the parties do not reach a voluntary settlement through mediation within the period of (_______), the dispute shall be referred to arbitration, in accordance with the Rules of Arbitration of the Egyptian Centre for Arbitration and Settlement of Non-banking Financial Disputes.

Arb-Med-Arb Clause:

Any dispute arising from the formation, performance, interpretation, nullification, termination, or invalidation of this contract, or related thereto in any manner whatsoever, shall be resolved through arbitration in accordance with the Rules of Arbitration of the Egyptian Centre for Arbitration and Settlement of Non-banking Financial Disputes, in accordance with its Arbitration Rules. The parties further agree that, following the commencement of arbitration, they will attempt in good faith to resolve the dispute through mediation at the Egyptian Centre for Arbitration and Settlement of Non-banking Financial Disputes. Any settlement reached during mediation shall be referred to the arbitral tribunal appointed by ECAS and may be incorporated into a consent award based on agreed terms.

Important Alert: 

All model clauses shall include the following information:

All model clauses shall include the following information:

- The number of arbitrators shall be odd: [Specify one or three...].

- The seat of arbitration shall be: [Specify city or country].

- The language of arbitration shall be: [Specify Language].

- The governing law of the contract is: [Specify Law].