A. Arbitration Clause for Incorporation in Standard Contracts or for use before a Dispute has Risen
“Any dispute arising from or in connection with this Contract shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.”
B. Arbitration Clause for use After a Dispute has Risen
“We,
A, B of _________________________
and
X, Y of _________________________
hereby agree to refer all disputes and differences between us arising out of or in connection with a contract between us dated
__________________________
OR
the disputes and differences set out in the Schedule to this Agreement for final resolution in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.”
C. Dispute Resolution (Med-Arb) Clause for Incorporation in Standard Contracts before a Dispute has Risen
“Should any dispute, disagreement or claim arise between the parties (called hereafter “the dispute”) concerning this agreement, the parties shall try to resolve the dispute by negotiation. This entails that the one party invites the other in writing to a meeting and to attempt to resolve the dispute within 7 (seven) days from date of the written invitation. If the dispute has not been resolved by such negotiation, the parties shall submit the dispute to AFSA administered mediation, upon the terms set by the AFSA Secretariat. Failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.”
C. Arbitration Clause for Incorporation in Standard Contracts with or for use before a Dispute has Arisen with International Counterpart
“Any dispute arising from or in connection with this Contract shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa applicable to international arbitration by an arbitrator appointed by the Foundation. In the event that the parties do not agree to the seat, the Foundation will select the seat of the arbitration.”
The mediation will commence on [date] at [time]. The venue for the mediation will be [place].
