HAC Rules & Model Clauses

MODEL CLAUSE 1 [Domestic Arbitration Clause]

“Any dispute arising out of or incidental or in connection with this Contract / Agreement, including any question regarding its existence, operation, termination, validity or breach thereof, shall be referred to and finally resolved by Arbitration administered by ‘Hyderabad Arbitration Centre’ (HAC), in accordance with its Arbitration Rules (“HAC Arbitration Rules”) for the time being in force.

The Arbitral Tribunal shall consist of sole / three Arbitrator(s).

The seat of Arbitration shall be _________.

 The Language of the Arbitration shall be _________.

MODEL CLAUSE 2 [International Arbitration Clause]

“Any dispute arising out of or incidental or in connection with this Contract / Agreement, including any question regarding its existence, operation, termination, validity or breach thereof, shall be referred to and finally resolved by Arbitration administered by ‘Hyderabad Arbitration Centre’ (HAC), in accordance with its Arbitration Rules (“HAC Arbitration Rules”) for the time being in force.

The Arbitral Tribunal shall consist of sole / three Arbitrator(s).

 The seat of Arbitration shall be _________.

 The Language of the Arbitration shall be _________.

 The Governing Law for this Arbitration shall be __________.

 The Governing Law of the Contract shall be __________.”

MODEL CLAUSE 3 [ARB-MED-ARB Clause]

Any dispute arising directly or indirectly out of or in connection with this Contract / Agreement, shall be referred to and finally resolved by Arbitration administered by ‘Hyderabad Arbitration Centre’ (HAC), in accordance with its Arbitration Rules (“HAC Arbitration Rules”) for the time being in force.

It is further agreed that, following the commencement of arbitration, the parties will attempt in good faith, to resolve such dispute through Mediation, as per the Arb-Med-Arb Procedure of ‘Hyderabad Arbitration Centre’ (HAC), for the time being in force. Any settlement reached in the course of such Mediation shall be referred to the Arbitral Tribunal so constituted/appointed by HAC and the same shall be drawn up as a “Consent Award” on agreed terms.

The Arbitral Tribunal shall consist of sole / three Arbitrator(s). Likewise, the dispute shall be mediated through _____ number of Mediators. The seat of Arbitration shall be _________. The Language of the Arbitration shall be _________. The Governing Law for this Arbitration shall be __________. The Governing Law of the Contract shall be __________.

MODEL CLAUSE 4 [Existing Disputes]

For disputes, where parties intend that HAC shall act as the ‘Appointing Authority’ in an ad-hoc arbitration, the following clause may be incorporated in their arbitration agreement:

“The Arbitral Tribunal shall be appointed by ‘Hyderabad Arbitration Centre’ (HAC).”

When parties who wish to arbitrate an existing dispute, but there is no arbitration agreement between the parties, they can enter into an ‘Agreement to Arbitrate’ as may be prescribed by HAC under these Rules.