Adaptation of the CEAC Model Arbitration Clause

 

In its Advisory Board meeting on 17 June 2010, the Advisory Board of CEAC has decided on an adaptation of the CEAC Model Arbitration Clause in order to underline the need to have China related arbitration proceedings administered by an arbitration institution. The new model clause reads:

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled  by institutional  arbitration in Hamburg (Germany) in accordance with the CEAC Hamburg Arbitration Rules of the Chinese European Arbitration Centre.

Old contracts that contain the old CEAC Model Arbitration Clause are not negatively effected compared to contracts with the new version because Art. 3 para. 1 CEAC Rules clarifies that any reference to the CEAC Rules shall be deemed to have agreed to refer the dispute to institutional arbitration by the Chinese European Arbitration Centre in Hamburg (Germany).

 

 

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