Annex — model clauses and declarations
ANNex
Model arbitration clause for contracts
Any dispute, controversy or claim arising out of or relating to
this contract, or the breach, termination or invalidity thereof,
shall be settled by arbitration in accordance with the UNCITRAL
Arbitration Rules.
Note. Parties should consider adding:
(a) The appointing authority shall be ... [name of institution
or person];
(b) The number of arbitrators shall be ... [one or three];
(c) The place of arbitration shall be ... [town and country];
(d) The language to be used in the arbitral proceedings
shall be ... .
Possible waiver statement
Note. If the parties wish to exclude recourse against the arbitral
award that may be available under the applicable law, they may
consider adding a provision to that effect as suggested below,
considering, however, that the effectiveness and conditions of
such an exclusion depend on the applicable law.
Waiver
The parties hereby waive their right to any form of recourse
against an award to any court or other competent authority,
insofar as such waiver can validly be made under the
applicable law.
Model statements of independence pursuant to article 11 of
the Rules
No circumstances to disclose
I am impartial and independent of each of the parties and
intend to remain so. To the best of my knowledge, there
are no circumstances, past or present, likely to give rise to
justifiable doubts as to my impartiality or independence. I
shall promptly notify the parties and the other arbitrators of
any such circumstances that may subsequently come to my
attention during this arbitration.
Circumstances to disclose
I am impartial and independent of each of the parties and
intend to remain so. Attached is a statement made pursuant to
article 11 of the UNCITRAL Arbitration Rules of (a) my past
and present professional, business and other relationships
with the parties and (b) any other relevant circumstances.
[Include statement.] I confirm that those circumstances do
not affect my independence and impartiality. I shall promptly
notify the parties and the other arbitrators of any such further
relationships or circumstances that may subsequently come
to my attention during this arbitration.
Note. Any party may consider requesting from the arbitrator
the following addition to the statement of independence:
I confirm, on the basis of the information presently available to
me, that I can devote the time necessary to conduct this arbitration
diligently, efficiently and in accordance with the time limits in
the Rules.