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The following clauses are recommended for inclusion in Agreements. These are the clauses rcommended by IAMA.

 


ARBITRATION

The standard clause which is recommended for insertion in agreements where arbitration is the desired method of resolving a dispute is:

‘Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations’.

Unless the parties agree upon an arbitrator, either party may request a nomination from either the President OR the Chapter Chairman of the Chapter where the dispute arises.

 

 


EXPEDITED ARBITRATION

in small disputes and/or where quantum is limited or restricted

To limit the potential cost of small disputes an additional phrase may be added to the arbitration clause which restricts the right of a formal hearing to when the quantum in dispute is above a certain, agreed amount. For example:

‘Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Expedited Commercial Arbitration Rules. For disputes in which the quantum is less than $ (include amount here – usually $50,000 or under) arbitration shall take place using the submission of documents alone unless both parties agree otherwise.’

 


MEDIATION - ARBITRATION


Where mediation is the desired method of resolving a dispute and where, if the dispute is not settled by mediation and you require this further option, the dispute is referred to arbitration is:

‘Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.’

Add the following if you require the matter to go onto arbitration if not settled.

‘If the dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations’.

‘Notwithstanding the existence of a dispute or difference each party shall continue to perform the Contract’.

 


INTERNATIONAL ARBITRATION


‘Any dispute or difference whatsoever arising out of or in connection with this contract shall be and is hereby submitted to arbitration in accordance with, and subject to, the UNCITRAL Arbitration Rules. The appointing and administering body shall be The Institute of Arbitrators & Mediators Australia (IAMA). There shall be one arbitrator, the language of the arbitration shall be English, the place of the arbitration shall be (nominate city in Australia).’

Please note:

* The parties may designate different rules to the UNCITRAL Arbitration Rules.
* The parties may provide for 3 arbitrators.
* The parties may designate a language other than English.

 


INDUSTRY/CONSUMER CONTRACTS


This clause can be modified as appropriate to the particular scheme.

‘Any dispute under, or arising out of, this contract shall be referred to the Institute of Arbitrators & Mediators Australia, for resolution under the Rules of the (Trade Body or Association) Consumer/Industry Dispute Resolution Scheme. Each case will first be referred to a Conciliator appointed by the Institute unless either party wishes to proceed directly to arbitration. If the conciliation is not satisfactorily concluded within six weeks or if the parties want to proceed directly to arbitration, the Institute will appoint an Arbitrator who will make a final and binding award'.


EXPERT DETERMINATION


‘Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to an expert in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Expert Determination Rules’

 


MEDIATION


‘Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.’

If you require any clarification of any of these clauses and how to use them please contact the Institute.

 


FAST TRACK ARBITRATION RULES


Any dispute or difference arising out of or in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules.

 
 

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