Standard ICC Arbitration Clauses

The choice of ICC arbitration as the dispute resolution method should ideally be made when businesses and governments negotiate their contracts and treaties.

However, parties can enter into an arbitration agreement at any other time, such as after a dispute has arisen.

Standard arbitration clauses

ICC provides standard arbitration clauses, which may be used by parties without modification or modified as may be required by any applicable law or according to the parties’ preferences.

Arbitration
“All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.”

If the parties do not want the Emergency Arbitrator Provisions of the 2012 Rules (see the page explaining the Emergency Arbitrators Provisions) to apply, they must expressly opt out by using the following arbitration clause:

Arbitration without emergency arbitrator
“All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The Emergency Arbitrator Provisions shall not apply.”

The parties may also wish to stipulate in the arbitration clause:

  • the law governing the contract;
  • the number of arbitrators;
  • the place of arbitration; and/or
  • the language of the arbitration.

In principle, parties should also always ensure that the arbitration agreement is in writing and carefully and clearly drafted.

Adaptation of the clauses to particular circumstances

The standard clause can be modified in order to:

  • Take account of the requirements of national laws and any other special requirements that the parties may have. In particular, parties should always check for any mandatory requirements at the place of arbitration and potential place(s) of enforcement.

For example, it is prudent for parties wishing to have an ICC arbitration in Mainland China to include in their arbitration clause an explicit reference to the ICC International Court of Arbitration.

The following language is suggested for this purpose:
"All disputes arising out of or in connection with the present contract shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules."

  • Make special arrangements where the contract or transaction involves more than two parties
  • Combine several ICC dispute resolution services

Combined and multi-tiered dispute resolution clauses may help to facilitate dispute management and reduce time and costs.

Arbitration can be combined with:

and virtually any other form of ADR.

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