Recommended clauses

Recommended clauses

  1. Mediation clause

“Any dispute, controversy or claim arising out of or relating to this contract, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by mediation in the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules of Mediation”.

The following provisions may be used:

“Mediation shall be conducted: _________________(by a mediator or “__” mediators)”.

“The place of mediation shall be ___________ (country, city)”.

“The language of mediation shall be ______________ (Ukrainian, English or other)”.

 

  1. “Two-level” clause

“Any dispute, controversy or claim arising out of or relating to this contract, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by mediation in the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules of Mediation. If one of the parties objects to the mediation or if the mediation was terminated without settlement of the dispute, the dispute shall be finally settled by arbitration in the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules”.

The following provisions may be used:

“Mediation shall be conducted: _________________(by a mediator or “__” mediators)”.

“The place of mediation/arbitration shall be ________(country, city)”.

“The language of mediation shall be ______________ (Ukrainian, English or other)”.

“The number of arbitrators shall be _________(one or three)”.

“This contract shall be regulated by the substantive law of ___________________(country)”.

 

  1. Combined clause for the “Med-Arb” procedure

“Any dispute, controversy or claim arising out of or relating to this contract, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by means of mediation in the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules of Mediation.

If, by means of mediation during [60][1] days, the parties failed to finally settle a dispute, controversy or claim, then such a dispute, controversy or claim shall be finally settled by means of arbitration in the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules.

If the parties settled a dispute, controversy or claim by means of mediation, the agreement based on the results of the mediation shall be submitted to Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry for rendering an award on the agreed terms in accordance with its Rules”.

The following provisions may be used:

“Mediation shall be conducted: _________________(by a mediator or “__” mediators)”.

“The place of mediation/arbitration shall be ________(country, city)“.

“The language of mediation shall be ______________(Ukrainian, English or other)”.

“The number of arbitrators shall be _________(one or three)”.

“This contract shall be regulated by the substantive law of ________________(country)”.

[1] or during another period agreed by the parties

 

  1. Arbitration Clause

“Any dispute, controversy or claim arising out of or relating to this contract, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules.”

The parties may also indicate the substantive law to govern their contract, to determine the number of arbitrators (one or three), the venue and language of the arbitral proceedings. The parties to a contract may wish to consider adding:

This contract shall be regulated by the substantive law of _________(country).”

“The number of arbitrators shall be _____________(one or three).”

“The place of arbitration shall be ______(city).”

“The language(s) to be used in the arbitral proceedings shall be _________________(Ukrainian, Russian or other).”

Recommended clauses

Read more in Ukrainian


Maritime Arbitration Commission
at the Ukrainian CCI

33, vul. Velyka Zhytomyrska,
Kyiv, 01601
+380 44 584-25-74
[email protected]
[email protected]

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