An arbitration can only take place if there is an arbitration agreement between the parties. We recommend that a dispute resolution clause is included in any business agreement.
The dispute resolution clause shall state the manner in which any dispute between the parties shall be solved.
Where the parties agree to arbitrate any disputes under the SCC Rules, we recommend that the SCC Model Clauses are included in the contract.
The Model Clauses can be found in a number of variations to suit the parties wishes; clauses referring to the Arbitration Rules or the Rules for Expedited Arbitrations only, and various combination clauses giving greater flexibility when the size and character of any dispute is more difficult to predict.
- Full-scale arbitration (a flexible procedure for all claims)
- Expedited arbitration (a fast-track procedure for smaller and medium sized claims)
- Expedited arbitration or full-scale arbitration depending on the circumstances
- Expedited arbitration or full-scale arbitration depending on the amount in dispute
- Mediation first hand, arbitration when the parties cannot agree on mediation or mediation is unsuccessful.
- SCC-ISDA model arbitration clause: Facilitates the use of arbitration as a recommendable dispute resolution alternative by banks and financial institutions.
The clauses are available in several languages.