African Center for international arbitration

Model Clauses of the International Arbitration Centre Africa (IACA)

Dispute Resolution Clause 1

All disputes, claims, issues concerning contract validity, termination, breach of contract and other controversies arising out of or in connection with this Contract shall be exclusively submitted to the International Arbitration Centre Africa (IACA), and the currently effective Arbitration Rules of IACA shall apply. The seat of arbitration shall be Lilongwe, Malawi. The arbitral tribunal shall consist of three arbitrators. Both Chinese and English shall be adopted as the working languages on a dual-track basis, and both parties may simultaneously submit Chinese translated documents. The arbitral award shall be final and binding upon both parties.

Dispute Resolution Clause 2

All disputes, claims, assertions of rights and legal controversies arising from the conclusion, formation, validity, interpretation, performance, amendment, rescission, termination of this Contract, breach of contract, compensation for damages, recovery of creditor’s rights and debts, or having direct or indirect connection with this Contract shall first be settled by the parties through amicable written consultation. The consultation period shall be fixed at 15 calendar days, commencing on the date when one party delivers a written consultation notice on disputes to the other party.

If no written settlement agreement is reached upon the expiry of the consultation period, the parties irrevocably and exclusively designate the International Arbitration Centre Africa (IACA) as the sole governing institution, and institutional arbitration shall be conducted in accordance with the effective Arbitration Rules of IACA prevailing on the date of arbitration application.

Seat of Arbitration

The legal place for rendering arbitral awards shall be Lilongwe, the Republic of Malawi, and the awards shall be eligible for recognition and enforcement worldwide under the New York Convention.

Constitution of the Arbitral Tribunal

The arbitral tribunal shall be composed of three arbitrators. Within the time limit prescribed by the arbitral institution, the Claimant and the Respondent shall each independently appoint one arbitrator from the panel of arbitrators published by IACA. The two party-appointed arbitrators shall jointly appoint the presiding arbitrator; if they fail to reach an agreement on the appointment, the President of IACA shall appoint the presiding arbitrator in accordance with institutional rules.

Arbitration Languages and Document Validity

A dual-track parallel system of Chinese and English shall be adopted for arbitration, with English as the benchmark language for core hearing procedures. All evidence, written submissions, defences and legal documents submitted by each party may be accompanied by original Chinese texts and duly compliant English translations. In the event of any discrepancy in interpretation between Chinese and English versions, the English version shall prevail.

Exclusive Jurisdiction Agreement

This arbitration clause shall have absolute exclusive effect. The parties permanently exclude ad hoc arbitration, arbitration by other third-party arbitral institutions and litigation jurisdiction of courts of all countries. Neither party may unilaterally alter the arbitration mode, initiate ad hoc arbitration separately or file a lawsuit with courts. Unilateral forum-shopping or malicious jurisdiction alteration shall constitute a breach of this Contract.

Finality of Awards

The arbitral award rendered by the arbitral tribunal shall be final, with statutory binding force and compulsory enforceability for all parties to the Contract. The parties irrevocably and permanently waive all remedies including appeal, award revocation, retrial, petition and judicial review against the award before courts of any country or region, and shall fully, promptly and fully perform all obligations specified in the award voluntarily.

Supplementary Procedural Agreements

The parties agree that any party’s application for urgent judicial measures such as interim preservation, evidence preservation and property attachment before or during the arbitration proceedings shall not be deemed a waiver of the arbitration agreement and shall not alter the exclusive jurisdiction of IACA. All reasonable expenses including arbitration fees, appraisal fees, notarization and translation fees, reasonable attorney’s fees and travel expenses for rights protection shall be fully borne by the losing party as ruled by the arbitral tribunal.