In determining the most effective approach to resolving disputes, parties may opt for mediation as their initial recourse, with the possibility of subsequently transitioning to arbitration to achieve a conclusive and enforceable resolution. Alternatively, direct recourse to arbitration remains a viable option.
In this regard, ECAS offers various model clauses tailored to the parties' preferred method of resolving disputes arising from their contractual relationship:
Mediation Clause:
"Any dispute arising from or in connection with the formation, performance, interpretation, nullification, termination, or invalidation of this contract, or related thereto in any manner, shall be resolved through mediation in accordance with the Rules of the Egyptian Centre for Arbitration and Settlement of Non-banking Financial Disputes within a period of (__________).
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.
All model clauses shall include the following information:
The number of arbitrators shall be: [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].