The dispute resolution clause shall state the manner in which any dispute between the parties shall be solved.
Where the parties agree to arbitrate any disputes under the SCC Rules, we recommend that the SCC Dispute Resolution Clauses are included in the contract.
The Dispute Resolution Clauses can be found in a number of variations to suit the parties wishes; clauses referring to the Arbitration Rules or the Rules for Expedited Arbitrations only, and various combination clauses giving greater flexibility when the size and character of any dispute is more difficult to predict.
Dispute Resolution Clauses
- Full-scale arbitration (a flexible procedure for all claims).
- Expedited arbitration (a fast-track procedure for smaller and medium sized claims).
- Expedited arbitration or full-scale arbitration depending on the circumstances.
- Expedited arbitration or full-scale arbitration depending on the amount in dispute.
- Mediation first hand, arbitration when the parties cannot agree on mediation or mediation is unsuccessful.
- SCC-ISDA Model arbitration Clause: Facilitates the use of arbitration as a recommendable dispute resolution alternative by banks and financial institutions.
- Model Agreement for submission of an existing dispute to SCC arbitration.
- Model Agreement for submission of an existing dispute to SCC expedited arbitration.
The SCC Dispute Resolution Clauses are available in several languages
Model Agreements for Submission of an Existing Dispute to SCC
The purpose of the SCC Model Submission Agreement is to facilitate the use of arbitration by parties in on-going disputes, where the parties have not previously agreed on an arbitration clause. Submission agreements are entered into after the dispute has arisen and include a reference to the disputed matter. A model submission agreement is a useful instrument for parties negotiating an existing dispute and exploring arbitration as an alternative to court litigation.
- arbitration in accordance with the SCC Rules for Arbitration
- arbitration in accordance with the SCC Rules for Expedited Arbitrations