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Model Clause for Arbitration
Any dispute, controversy or claim arising out of or in connection with this contract, including any question as to its existence, validity, interpretation, performance, breach or termination, shall be finally resolved by arbitration administered by the MediateGuru Dispute Resolution Centre (“MDRC”) in accordance with the MDRC Arbitration Rules then in force, subject to the Arbitration and Conciliation Act, 1996 and mandatory law. The seat of arbitration shall be [insert city], India. The tribunal shall consist of [one/three] arbitrator(s), appointed in accordance with the MDRC Arbitration Rules. The language of the arbitration shall be [insert language]. This contract and the arbitration agreement shall be governed by [insert governing law]. The tribunal shall have the power to rule on its own jurisdiction. The parties may seek interim or emergency relief from the tribunal or any court of competent jurisdiction, as permitted by law. The award shall be final and binding on the parties.
Model Clause for Mediation
Any dispute, controversy or claim arising out of or in connection with this contract shall be referred to mediation administered by the MediateGuru Dispute Resolution Centre (“MDRC”) in accordance with the MDRC Mediation Rules then in force, subject to applicable law. The mediation shall be conducted by a sole mediator appointed in accordance with the MDRC Mediation Rules. The place and mode of mediation shall be as agreed by the parties or, failing agreement, as determined by MDRC. The language of the mediation shall be [insert language]. All mediation proceedings shall be confidential and without prejudice, except to the extent disclosure is required by law or for enforcement of a settlement. Any settlement reached shall be final and binding and shall be enforceable in accordance with applicable law.
Model Clause for Med-Arb
Any dispute, controversy or claim arising out of or in connection with this contract shall first be referred to mediation administered by the MediateGuru Dispute Resolution Centre (“MDRC”) in accordance with the MDRC Mediation Rules then in force. If the dispute is not fully resolved within [30/45/60] days from commencement of mediation, the unresolved issues shall be finally resolved by arbitration administered by MDRC in accordance with the MDRC Arbitration Rules then in force, subject to the Arbitration and Conciliation Act, 1996 and mandatory law. The seat of arbitration shall be [insert city], India. The tribunal shall consist of [one/three] arbitrator(s), appointed in accordance with the MDRC Arbitration Rules. The language of the proceedings shall be [insert language]. The mediator shall not act as arbitrator in the same dispute unless the parties expressly agree in writing after full disclosure, in accordance with applicable law. The parties may seek interim or emergency relief at any stage from the tribunal or any court of competent jurisdiction, as permitted by law. Any award shall be final and binding on the parties.
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