A poorly-drafted arbitration clause or its ambiguity may cause some procedural issues that might lead to its non-existence or the negligence of some important details such as the appointment of the arbitral tribunal, the language of arbitration or the law applicable to the dispute. Such issues highly affect the effectiveness and efficiency of the arbitration process. So ECAS recommends that you use its own model clauses inserted below in your contracts in order to cover every aspect of the arbitration process through ECAS rules.

We are always glad to receive all of your requests and inquiries regarding the amendment of ECAS’ standard rules and conditions.

ECAS model Arbitration clause:

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 Rules of Arbitration of the Egyptian Centre for Arbitration and Settlement of Non-banking Financial Disputes.

In case the parties opt for mediation ahead of arbitration, ECAS covers all sort of dispute resolution agreements in the following model clauses :

Mediation-Arbitration clause:

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 mediation, in accordance with the Rules of mediation of the Egyptian Centre For arbitration and settlement of non-banking financial disputes. In case parties did not reach a voluntary settlement through mediation, the settlement 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 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 in accordance with the Arbitration Rules of the Egyptian Center for Arbitration and Settlement of Non-banking Financial Disputes. 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 in the course of the mediation shall be referred to the arbitral tribunal appointed by ECAS and may be made a consent award on agreed term.

All model clauses should include the following:

The number of arbitrators shall be:……….(One or Three)

The seat of arbitration shall be:……….(City or Country)

The language of arbitration shall be:……….

The law governing the contract is:……….