The following are some variation of clauses that can be inserted into contracts referring disputes to the Centre for mediation.
Simple mediation clause
Any dispute arising in connection with this agreement shall be settled by mediation in accordance with the Rules of Mediation of the Cairo Regional Centre for International Commercial Arbitration (CRCICA). Unless otherwise agreed between the parties, the mediator will be nominated by CRCICA.
Multi-tiered process
If any dispute arises in connection with this agreement, directors or other senior representatives of the parties with authority to settle the dispute will, within [ ] days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.
If the dispute is not resolved at that meeting, it shall be settled by mediation in accordance with the Rules of Mediation of the Cairo Regional Centre for International Commercial Arbitration (CRCICA). Unless otherwise agreed between the parties, the mediator will be nominated by CRCICA.
No party may commence any court proceedings or arbitration in relation to any dispute arising out of this agreement until the dispute has been referred to mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue court proceedings or arbitration is not prejudiced by a delay.
In case of failure of the mediation process, the parties agree to refer the dispute to arbitration in accordance with the Arbitration Rules of the CRCICA.
Parties may consider adding:
- Precise time limits for the negotiation and mediation phases.
- An option of appointing the mediator as an arbitrator and request him or her to confirm the settlement agreement in an arbitral award.