The following are some variations of clauses that can be inserted into contracts referring disputes to the Centre for mediation.
The model clauses will be revised from time to time, independently of the Rules.
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.
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.
Arb Med Arb Contractual Clause
Any dispute, controversy or claim arising out of or relating to this contract, including, but not limited to, its interpretation, execution, termination or invalidity, shall be settled by arbitration in accordance with the Rules of Arbitration of the Cairo Regional Centre for International Commercial Arbitration (CRCICA).
The seat of arbitration shall be ______
The Tribunal shall consist of ______ arbitrator(s)
The language of the arbitration shall be______
The parties further agree that at any time following the constitution of the arbitral tribunal (“Tribunal”), they may attempt in good faith to resolve all or part of their dispute through mediation at CRCICA according to CRCICA’s Mediation Rules. In the event of any such mediation, the parties shall not appoint any member of the arbitral tribunal as mediator(s). The parties shall conclude the mediation process within a period of four weeks to be extended only once.
The parties may apply to the Tribunal for the stay of proceedings until termination of the mediation process, save in those situations that may require the granting of interim relief.
Upon termination with no settlement agreement, the arbitral tribunal shall proceed with the arbitration upon the request of either party
Any settlement, whether full or partial, reached in the course of the mediation shall be referred to the arbitral tribunal by either party and may be made a consent award on agreed terms so long as the settlement terms are within the scope of the arbitration agreement.