RECOMMENDATIONS

I. ICC CLAUSE

The insertion of the following arbitration clause in foreign contracts is strongly recommended:

"All disputes arising in connection with the present contract shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the Rules. "

II. JOINT CLAUSE ICC-AAA

If one party resides in the United States of America or is an American citizen, the parties who do not agree in advance on the place of arbitration are recommended to draw up the arbitration clause in the following manner:

"All disputes arising in connection with the present contract shall be finally settled by arbitration. Arbitration to be held outside the United States of America shall be conducted in accordance with the Rules of Arbitration of the International Chamber of Commerce, unless by written agreement the parties adopt the Rules of the American Arbitration Association. Arbitration to be held in the United States of America shall be conducted in accordance with the Rules of the American Arbitration Association, unless by written agreement the parties adopt the Rules of Arbitration of the International Chamber of Commerce.”

"Judgment upon the award rendered may be entered in any Court having jurisdiction or application may be made to such Court for a judicial acceptance of the award and an order of enforcement, as the case may be."

When the parties have stipulated in advance where the arbitration is to be held, the following clause is suggested:

"All disputes arising in connection with the present contract shall be finally settled by arbitration. The arbitration shall be held at […], and conducted in accordance with the Rules of the American Arbitration Association* International Chamber of Commerce*.

(*) Delete the name of the Institution the Rules of which do not apply.

"Judgment upon the award rendered may be entered in any Court having jurisdiction or application may be made to such Court for a judicial acceptance of the award and an order of enforcement, as the case may be."

When the parties have not indicated in the clause where the arbitration is to be held or have not agreed on this point in writing, the decision shall be taken by a joint Arbitration Committee set up by the International Chamber of Commerce and the American Arbitration Association.

When arbitration takes place in accordance with the Rules of the American Arbitration Association, the parties may select the arbitrators from panels published in advance by the International Chamber of Commerce and the American Arbitration Association and put at their disposal, the arbitrator selected may be of another nationality than that of the parties.

When arbitration takes place according to the Rules of the International Chamber of Commerce, which empower the Court of Arbitration to appoint the arbitrator or arbitrators, a similar panel is nevertheless made available to the parties, should they wish to select their arbitrators themselves.

These panels together with the Rules of the American Arbitration Association may be obtained at International Headquarters of the International Chamber of Commerce 38, Cours Albert Ier, Paris, or from National Committees of the International Chamber of Commerce, the list of which appears on the back of the present Rules.

III. JOINT CLAUSE ICC-IACAC

If one party resides in any of the Republics of Latin America or is a national of one of these countries, the parties who do not agree in advance on the place of arbitration are recommended to draw up the arbitration clause in the following manner:

"All disputes arising in connection with the present contract shall be final/y settled by arbitration. Arbitration to be held outside the Latin American Republics shall be conducted in accordance with the Rules of Arbitration of the International Chamber of Commerce, unless by written agreement the parties adopt the Rules of the lnter-American Commercial Arbitration Commission. Arbitration to be held in one of the Latin American Republics shall be conducted in accordance with the Rules of the lnter-American Commercial Arbitration Commission unless by written agreement the parties adopt the Rules of Arbitration of the International Chamber of Commerce.”

"Judgment upon the award rendered may be entered in any Court having jurisdiction or application may be made lo such Court /or a judicial acceptance of the award and an order of enforcement, as the case may be.''

When the parties have stipulated in advance where the arbitration is to be. held, the following clause is suggested:

"All disputes arising in connection with the present Contract shall be finally settled by arbitration. The arbitration shall be held at […], and conducted in accordance with the Rules of the Inter-American Commercial Arbitration Commission* International Chamber of Commerce*.

(*) Delete the name of the Institution the Rules of which do not apply.

"Judgment upon the award rendered may be entered in any Court having jurisdiction or application may be made to such Court for a judicial acceptance of the award and an order of enforcement 1 as the case may be."

When the parties have not indicated in the clause where the arbitration is to be held, or have not agreed on this point in writing, the decision shall be taken by a joint Arbitration Committee set up by the International Chamber of Commerce and the Inter-American Commercial Arbitration Commission.

When arbitration takes place in accordance with the Rules of the lnter-American Commercial Arbitration Commission 1 the parties may select the arbitrators from panels published in advance by the International Chamber of Commerce and the lnter-American Commercial Arbitration Commission and put at their disposal; the arbitrator selected may be of another nationality than that of the parties.

When arbitration takes place according to the Rules of the International Chamber of Commerce which empower the Court of Arbitration to appoint the arbitrator or arbitrators, a similar panel is nevertheless made available to the parties, should they wish to select their arbitrators themselves. These panels together with the Rules of the Inter-American Commercial Arbitration Commission may be obtained at International Headquarters of the International Chamber of Commerce 38, Cours Albert Ier, Paris, or from National Committees of the lnternational Chamber of Commerce, the list of which appears on back of the present Rules.

IV. SPECIAL RECOMMENDATIONS

Attention is called to the fact that under the laws of certain countries it is necessary that parties to contracts should expressly accept arbitration clauses sometimes in a precise and particular manner.

The Parties may, if they so desire, stipulate, in the arbitration clause itself, the national law applicable to the contract.