Model Clauses

Arbitration 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. The arbitration shall be administered by the Bhutan Alternative Dispute Resolution Centre (Bhutan ADR Centre) in accordance with Bhutan Arbitration Rules for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The seat of the arbitration shall be …agreed country … The Tribunal shall consist of …any agreed odd number …… This Contract shall be governed by ………… Language of the arbitration shall be………..

Arb-Med-Arb (AMA)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 Bhutan ADR Centre (“BADRC”) in accordance with the Arbitration Rules of the BADRC for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The seat of the arbitration shall be …agreed country … The Tribunal shall consist of …any agreed odd number …… This Contract shall be governed by ………… Language of the arbitration shall be………..

The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the BADRC, in accordance with the BADRC Arb-Med-Arb procedure for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by parties and may be made a consent award on agreed terms.