When it comes to choosing the best strategy for dispute resolution, parties might prefer to resort to mediation, yet following with arbitration could be agreed upon in order to reach a final binding settlement.  A direct resort to arbitration remains too a viable option.

Therefore, ECAS provides different model clauses depending on the parties' chosen approach to settling disputes arising out of their contractual relationship:

Mediation 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 mediation in accordance with the Rules of the Egyptian Centre for Arbitration and Settlement of Non-banking Financial Disputes.

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.

In case Parties agree on resorting to arbitration alongside mediation, the adopted model clause 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:……….