Recommended Clauses

For parties looking to refer future disputes to arbitration under the CI-MAC Rules, we suggest the following clause. The content within the square brackets should be tailored or omitted as appropriate. 

​

"Any dispute, controversy or claim arising out of or relating to this agreement, including any question regarding its breach, existence, validity or termination, or the legal relationships established by this agreement, or any non-contractual claims (whether in tort or otherwise), shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the Cayman International Mediation and Arbitration Centre Ltd ("Rules") in force as at the date of this agreement, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be [one/three]. The seat, or legal place, of arbitration shall be [City and/or Country]. The language to be used in the arbitral proceedings shall be [     ]. This arbitration agreement shall be governed by and construed in accordance with the law of [    ].”

​

If a dispute already exists, but there is no arbitration agreement between the parties or if the parties wish to vary a dispute resolution clause to provide for CI-MAC arbitration, we recommend the following clause. The content within the square brackets should be tailored or omitted as appropriate.

​

"A dispute having arisen between the parties concerning [    ], the parties hereby agree that the dispute shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the Cayman International Mediation and Arbitration Centre Ltd. The number of arbitrators shall be [one/three]. The seat, or legal place, of arbitration shall be [City and/or Country]. The language to be used in the arbitral proceedings shall be [    ]. The governing law of the contract [is/shall be] the substantive law of [    ]."

 

If you have any questions or would like to discuss these clauses, any modifications, or recommended clauses or procedures for mediation and other forms of ADR, please reach out and we would be happy to speak with you.