Model Mediation Clause and Model

Statement Arbitration Clause


To settle thepossible disputes arising from or in connection with the contract in future,the parties may attach following the mediation clause to the contract

“Any disputesarising from or in connection with this contract shall be submitted to HangzhouMediation Center of China Council for the Promotion of InternationalTrade/China Chamber of International Commerce for mediation which shall beconducted in accordance with the center’s Mediation Rules in effect at the timeof applying for Mediation. In case an amicable settlement agreement has beenreached or a mediation Statement be made by the mediator(s) on the basis ofthat amicable settlement, the parties shall abide by all the terms statedtherein.”

To guarantee thecontent of the mediation statement can be fully implemented, the parties mayattach the following clause to the Mediation Statement

“This mediationstatement shall be binding on both parties. Either party may submit it to ChinaInternational Economic and Trade Arbitration Commission for arbitration inaccordance with the effective arbitration procedures at the time of applying.Both parties agree to appoint—as the sole arbitrator to conduct documentaryarbitration. The arbitration tribunal is authorized to employ in due course asummary procedure in the arbitration. The arbitration tribunal shall make anarbitral award in accordance with the substance of the Mediation Statement. Thearbitral award is final and binding on both parties.”