4 Model Arbitration Clauses

Subject(s):

Appointment of arbitrator — Arbitrability — Arbitral rules — Arbitral agreements — Arbitral tribunals

This chapter discusses the purpose and function of model arbitration clauses. A model arbitration clause recommended by an arbitral institution provides for the essential elements of an arbitration agreement. Such model arbitration clauses are of a general nature and are thus suitable for many different types of agreements. Parties who choose to include an arbitration clause in their agreement may in addition modify a model clause to suit their needs. With these in mind the chapter begins with a general discussion of the nature and scope of model arbitration clauses, followed by an overview of the components of HKIAC model clauses. The chapter then concludes with a discussion of some further considerations for arbitration clauses.