SAMPLE MEDIATION CLAUSES

Sample Mediation Clause

The following sample clause is suggested for reference. Independent legal advice should always be sought on the choice of a suitable clause and the applicable law.

If any dispute or difference arises out of or in connection with this contract, either party may refer that dispute or difference to mediation. The parties will agree upon the selection of the mediator, but failing agreement, The Law Society of Hong Kong will appoint the mediator. The mediation will be conducted in accordance with the Mediation Rules of The Law Society of Hong Kong.

Sample Med-Arb Clause

The following sample clause is suggested for reference. Independent legal advice should always be sought on the choice of a suitable clause and the applicable law.

Any dispute or difference, whether contractual or non-contractual, arising out of or in connection with this contract, including any question regarding its existence, validity or termination shall first be referred to mediation under the Mediation Rules of The Law Society of Hong Kong. If the mediation is terminated (as defined in the Mediation Rules of The Law Society of Hong Kong), without the dispute or difference having been resolved, within 21 days after such termination, any party may refer the dispute or difference to arbitration for final resolution.

Arbitration shall be conducted under the UNCITRAL Arbitration Rules in force when the notice of arbitration is received by the other party or parties, which rules are deemed to be incorporated by reference in this agreement.

The governing law of this agreement shall be the law of Hong Kong and the seat of arbitration shall be Hong Kong.

The appointing authority of arbitrator(s) shall be The Law Society of Hong Kong.

The number of arbitrator shall be one; unless otherwise agreed by the parties in writing. The arbitration proceedings shall be conducted in [insert language].

(June 2019)