an excerpt from ALTERNATIVE DISPUTE RESOLUTION 2001 EDITION
published by the llinois Institute for Continuing Legal Education

© 2001 by Stephen E. Smith

III. Drafting the International Arbitration Agreement

CC. [23.35] UNCITRAL Model Clause

Contained below is the UNCITRAL Model Clause, mandating that parties arbitrate a particular dispute:

Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in effect on the date of this contract.

The appointing authority shall be ____.

The number of arbitrators shall be ___ (one or three).

The place of arbitration shall be [city/state].

The language to be used in the arbitral proceedings shall be ____.

DD. [23.36] Witness Statements

The parties may agree that direct testimony may or must be in the form of witness statements.

IV. [23.37] Conclusion

It is the author’s hope that this chapter will serve as a friendly introduction into the world of International Dispute Resolution. Even in the area of commercial affairs, the more practitioners do to prevent dissension and discord while serving their clients’ needs, the greater salutary effect their efforts have on the world as a whole.