In order to provide for dispute resolution by CEAC arbitration the parties to a China-related contract may insert in their contract the following

"Model Arbitration Clause:

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 Hamburg (Germany) in accordance with the CEAC Hamburg Arbitration Rules. 

1. The number of arbitrators shall be ___ ((i) one or (ii) three or (iii) three unless the amount in dispute is less than € ___ [e.g. 100.000 €] in which case the matter shall be decided by a sole arbitrator);

2. The arbitration proceedings shall/may take place (also) in ___________ (town or country);

3. The language(s) to be used in the arbitral proceedings shall be __________;

4. Documents also may be submitted in _________________ (language).

5. The arbitration shall be confidential. The parties agree that also the mere existence of an arbitration proceeding shall be kept confidential, except to the extent disclosure is required by law, regulation or an order of a competent court.

6. The arbitration tribunal shall apply the CEAC Hamburg Arbitration Rules as in force at the moment of the commencement of the arbitration unless one of the parties requests the tribunal, within 4 weeks as of the constitution of the arbitration tribunal, to operate according to the CEAC Hamburg Arbitration Rules as in force at the date of the conclusion of this contract."

The provisions in lit. a) through f) are optional. For further explanations see Explanatory Comments.

Download Model Arbitration Clause:

English Version:       Word              PDF
German Version:       Word              PDF
Chinese Version:       Word              PDF

By inserting such arbitration clause the parties enter into an arbitration agreement.