Arbitration Clauses

ACICA Arbitration Agreement

ACICA recommends the following arbitration clause for both domestic and international arbitration. Parties are free to insert this clause into their contracts:

Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia [or choose another city]. The language of the arbitration shall be English [or choose another language]. The number of arbitrators shall be one [or three, or delete this sentence and rely on Article 8 of the ACICA Arbitration Rules].

UNCITRAL Arbitration Clause

ACICA also acts as an appointing authority under the UNCITRAL Arbitration Rules.

ACICA recommends the following arbitration clause for UNCITRAL arbitration:

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 UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the Australian Centre for International Commercial Arbitration. The number of arbitrators shall be [one or three]. The place of arbitration shall be Sydney, Australia [or choose another venue]. The language(s) to be used in the arbitral proceedings shall be [...].

ACICA-FACT Cooperation Agreement

As part of our Cooperation Agreement with the FICCI Arbitration and Conciliation Tribunal ('FACT'), we suggest firms engaged in India and in Australia consider the use of the following clause:

All disputes, differences or claims that may arise between the parties out of or in relation to this contract, or for the breach thereof, shall be settled by arbitration under the ACICA-FACT Arbitration Co-operation Agreement dated 1st March, 2007, which each party hereto is bound.

The parties agree that the arbitration shall be held in Australia / India (delete one).

The dispute shall be resolved in keeping with the provisions of the contract and the substantive law of _________(specify)

The award of the respective arbitration shall be binding upon both parties

    1. If the relevant arbitration is to be held in India, the dispute shall be submitted to FACT, New Delhi, which will settle it in accordance with its Rules of Arbitration. If the relevant arbitration is to be held in Australia, the dispute shall be submitted to ACICA, Sydney, which will settle it in accordance with the ACICA Arbitration Rules.
    1. In default of an agreement regarding the venue of arbitration, the dispute shall be submitted to arbitration in the Respondent’s country.
    1. When either FACT or ACICA has received from a party to a contract a demand for arbitration in accordance with this agreement, it shall immediately transmit a copy of such demand to the other party and to the other Party and shall notify the party demanding the arbitration, accordingly.


ACICA-FACT Cooperation Agreement

ACICA Arbitration Rules

FACT Rules of Arbitration