IIAM Arbitration & Mediation Clause

For administered mediation or arbitration by IIAM, there should be an appropriate ADR clause in the contract or in the absence of any such clause; there should be an agreement between the parties to arbitrate under the IIAM Rules. By using such a clause, the parties to the contract agree to mediate or arbitrate any future disputes.

The following clause may be modified to suit the needs of the parties or used "as is" in order to utilize the services of IIAM, if institutional mediation or arbitration is needed.

Suggested Arbitration Clause

"Any dispute, difference or controversy arising out of or in connection with this contract, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the Arbitration & Conciliation Act, 1996* and shall be conducted by the Indian Institute of Arbitration & Mediation, in accordance with their Arbitration Rules ("IIAM Arbitration Rules") for the time being in force."**

Suggested Med-Arb Clause

“Any dispute difference or controversy arising out of or in connection with this contract shall first be referred to mediation at the Indian Institute of Arbitration & Mediation (IIAM) and in accordance with its then current Mediation Rules and as per the Arbitration & Conciliation Act, 1996*. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute difference or controversy shall be referred to and determined by arbitration as per the Arbitration & Conciliation Act, 1996* by IIAM in accordance with its Arbitration Rules”.**

Suggested Mediation Clause

“In the event of any dispute arising out of or in relation to this contract, including any question regarding to its existence, validity or termination, the parties shall seek settlement of that dispute by mediation/conciliation in accordance with the IIAM Mediation Rules”

Suggested Arb-Med-Arb Clause

"Any dispute, difference or controversy arising out of or in connection with this contract, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the Arbitration & Conciliation Act, 1996* and shall be conducted by the Indian Institute of Arbitration & Mediation, in accordance with their Arbitration Rules ("IIAM Arbitration Rules") for the time being in force.
It is further agreed that following the commencement of arbitration, the parties will attempt in good faith to resolve such dispute, difference or controversy through mediation, as per the IIAM Arb-Med-Arb Procedure for the time being in force. Any settlement reached in the course of mediation shall be referred to the arbitral tribunal appointed by IIAM and may be made a consent award on agreed terms."**

* In the case of domestic arbitration in India. For international arbitration, the parties may specify the law applicable as per the seat of arbitration.

** The parties may wish to consider adding:
♦ "The number of arbitrators shall be (one or three)";
♦ "The seat/venue of arbitration shall be (city and/or country)"(seat would denote the jurisdictional place and venue the physical place);
♦ "The language of the arbitration shall be (language)".

Existing Disputes

Parties who wish to mediate or arbitrate an existing dispute, but there is no agreement between the parties for mediation or arbitration, can enter into an IIAM Mediation or Arbitration agreement. Parties can initiate mediation even without any agreement.

Customised ADR

Parties who wish to design customized ADR clauses to fit particular situations or create hybrid-clauses, click here

For further details, mail to dir@arbitrationindia.com