Pactum

ALQADA Court makes available, free of charge, a set of standard dispute resolution clauses for insertion into any contract or agreement. These clauses designate ALQADA Court as the competent private court for the resolution of any dispute arising thereunder, through such mechanism as the parties may elect or as circumstances may require.

All clauses may be reproduced freely and without prior authorisation.

Single-Tier Clauses

Mediation Clause

"Any dispute arising out of or in connection with this agreement shall be submitted to mediation administered by ALQADA Court in accordance with its Rules of Mediation. If the parties fail to reach a settlement within thirty (30) days of the commencement of the mediation, either party shall be free to pursue such other remedies as may be available."

Conciliation Clause

"Any dispute arising out of or in connection with this agreement shall be submitted to conciliation administered by ALQADA Court in accordance with its Rules of Conciliation. The conciliator's proposal shall be communicated to the parties in writing. If no settlement is reached within thirty (30) days, the parties shall remain free to pursue further proceedings."

Arbitration Clause — Short Form

"Any dispute arising out of or in connection with this agreement shall be referred to and finally resolved by arbitration administered by ALQADA Court in accordance with its Rules of Arbitration, which Rules are deemed to be incorporated by reference into this clause."

Arbitration Clause — Long Form

"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 Rules of Arbitration of ALQADA Court. The number of arbitrators shall be [one / three]. The seat of arbitration shall be [Paris / city]. The language of the arbitral proceedings shall be [French / English]. The law governing this contract shall be [applicable law]."

Expert Determination Clause

"Any dispute of a technical or financial nature arising out of or in connection with this agreement shall be referred to expert determination administered by ALQADA Court. The expert's determination shall be final and binding upon the parties, save in the case of manifest error."

Adjudication Clause

"Any dispute arising out of or in connection with this agreement may be referred by either party to adjudication administered by ALQADA Court. The adjudicator's decision shall be binding upon the parties on an interim basis pending final resolution by arbitration or agreement."

Multi-Tier Clauses

Negotiation — Mediation — Arbitration

"In the event of any dispute arising out of or in connection with this agreement, the parties shall first attempt to resolve the dispute through good faith negotiation. If the dispute has not been resolved within fifteen (15) days of written notice by either party, it shall be submitted to mediation administered by ALQADA Court. If the dispute remains unresolved within thirty (30) days of the commencement of mediation, it shall be referred to and finally resolved by arbitration under the Rules of Arbitration of ALQADA Court."

Mediation — Arbitration

"In the event of any dispute arising out of or in connection with this agreement, the parties shall first seek to resolve the dispute by mediation administered by ALQADA Court. If the dispute has not been resolved within thirty (30) days of the commencement of mediation, it shall be referred to and finally resolved by arbitration under the Rules of Arbitration of ALQADA Court."

Conciliation — Arbitration

"Any dispute arising out of or in connection with this agreement shall be submitted first to conciliation administered by ALQADA Court. In the absence of a settlement within thirty (30) days, the dispute shall be referred to and finally resolved by arbitration under the Rules of Arbitration of ALQADA Court."

Expert Determination — Arbitration

"Any dispute of a technical or financial nature arising out of or in connection with this agreement shall be referred first to expert determination administered by ALQADA Court. If either party disputes the expert's determination within fifteen (15) days of its notification, the dispute shall be referred to and finally resolved by arbitration under the Rules of Arbitration of ALQADA Court."

Adjudication — Arbitration

"Any dispute arising out of or in connection with this agreement may be referred to adjudication administered by ALQADA Court. The adjudicator's decision shall be binding on an interim basis. Either party may refer the dispute to final and binding arbitration under the Rules of Arbitration of ALQADA Court at any time after the adjudicator's decision has been rendered."

Specialised Clauses

International Clause

"Any dispute arising out of or in connection with this agreement shall be finally settled under the Rules of Arbitration of ALQADA Court. The seat of arbitration shall be Paris, France. The language of the arbitral proceedings shall be English. The number of arbitrators shall be [one / three]. This clause shall be governed by French law."

Bilingual Clause

Français "Tout litige découlant du présent contrat ou en relation avec celui-ci sera soumis aux modes de résolution des litiges administrés par ALQADA Court, conformément à son Règlement, lequel est réputé incorporé par référence à la présente clause. Les parties conviennent de recourir en premier lieu à la médiation, puis, à défaut de règlement amiable, à l'arbitrage."

English "Any dispute arising out of or in connection with this agreement shall be submitted to the dispute resolution mechanisms administered by ALQADA Court in accordance with its Rules, which are deemed incorporated by reference. The parties agree to first resort to mediation and, failing amicable resolution, to arbitration."

العربية

"يُحال أي نزاع ينشأ عن هذا العقد أو يتعلق به إلى آليات تسوية النزاعات التي تديرها محكمة ALQADA، وفقاً لنظامها الداخلي المعتبر مدرجاً بالإحالة في هذه البند. تتفق الأطراف على اللجوء أولاً إلى الوساطة، وفي حال تعذّر التسوية الودية، تُحال النزاع إلى التحكيم النهائي الملزم."

中文

"因本协议引起的或与本协议有关的任何争议，应提交 ALQADA 仲裁庭，依据其规则通过争议解决机制加以解决，上述规则视为已通过引用并入本条款。各方同意首先通过调解解决争议，若调解未能达成和解，则将争议提交最终具有约束力的仲裁。"

Arbitration Agreement

For existing contractual relationships in which no arbitration clause was initially provided. This document may be executed at any time by the parties, including after a dispute has arisen.

Dispute Resolution Agreement

For existing contractual relationships in which no clause was initially provided.

"The undersigned parties agree that any dispute arising out of or in connection with their contractual relationship, whether existing or future, including any dispute already arisen at the date hereof, shall be submitted to the dispute resolution mechanisms of ALQADA Court in accordance with its Rules. The parties shall first attempt mediation. Failing resolution, the dispute shall be referred to final and binding arbitration."

Note

The use of these clauses does not create any obligation between the parties and ALQADA Court until a dispute is formally filed. ALQADA Court reserves the right to decline jurisdiction in cases falling outside its scope of competence. Parties are advised to seek legal counsel prior to inserting any dispute resolution clause into their agreements.