Model Clauses

Standard Model Arbitration Clause

“Any dispute, controversy or claim arising out of or in relation to this agreement, including any question regarding its breach, existence, validity or termination or the legal relationships established by this agreement, shall be finally resolved by arbitration under the LACIAC Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause. It is agreed that:

1. The number of arbitrators shall be [one/three] (optional [who is/are to be a [specify any qualifications required];
2. The seat, or legal place, of arbitration shall be [City and/or Country] ;
3. The place of arbitration shall be [Lagos/Nigeria];
4. The governing law of this arbitration agreement shall be the substantive law of [the laws of the Federal Republic of Nigeria/England & Wales] ; and
5. The language of the arbitration shall be [English].”

Short Form Model Arbitration Clause

“Any dispute, controversy or claim arising out of or in relation to this agreement, including any question regarding its breach, existence, validity or termination or the legal relationships established by this agreement, shall be finally resolved by arbitration under the LACIAC Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause .”

Model Multi-tiered Arbitration Clause

1. “In the event of a dispute, controversy or claim arising out of or relating to this agreement, including any question regarding its breach, existence, validity or termination or the legal relationships established by this agreement, the parties shall first seek settlement of that dispute by mediation in accordance with the LACIAC Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.
2. If and to the extent that, any such dispute, controversy or claim has not settled by mediation within [state specific number of regular/business] days of the commencement of the mediation, or such further period as the parties shall agree in writing, such time not exceeding [7] days, the dispute shall be referred to and finally resolved by arbitration under the LACIAC Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause. It is agreed that:
   1. The number of arbitrators shall be [one/three] (optional [who is/are to be a [specify any qualifications required];
   2. The seat, or legal place, of arbitration shall be [City and/or Country] ¹;
   3. The place of arbitration shall be [Lagos/Nigeria];
   4. The governing law of this arbitration agreement shall be the substantive law of [the laws of the Federal Republic of Nigeria/England & Wales]² ; and
   5. The language of the arbitration shall be [English].”

Mediation Clause

“In the event of a dispute, controversy or claim arising out of or relating to this agreement, including any question regarding its breach, existence, validity or termination or the legal relationships established by this agreement, the parties shall seek settlement of that dispute by mediation in accordance with the LACIAC Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.”

EXISTING DISPUTES

If a dispute has already arisen, but there is no agreement between the parties to mediate and/or to arbitrate, the parties may enter into an agreement for those purposes. In such cases, please contact the LACIAC Secretariat if recommended wording is required.

MODIFICATIONS TO RECOMMENDED CLAUSES

The LACIAC Secretariat will be pleased to discuss any modifications to these model clauses. For example, to provide for expedited procedures.