For administered mediation or arbitration of international by APCAM, there should be an appropriate ADR clause in the contract of the parties for resolving disputes by arbitration or mediation under the APCAM Rules or the respective Rules of the constituent member institutions of APCAM. The respective Mediation or Arbitration Rules of the member institutions, will provide the process to be governed under the APCAM Mediation or Arbitration Rules for resolving their international disputes.
In the absence of any such clause; the parties can mediate or arbitrate an international dispute if there is an agreement between the parties to mediate or arbitrate under the APCAM Rules. Parties can initiate mediation even without any agreement.
“In the event of any dispute, difference or controversy arising out of or in relation to this contract, including any question regarding to its existence, validity or termination, the parties shall seek settlement of that dispute by mediation in accordance with the APCAM Mediation Rules.”
“Any dispute, difference or controversy arising out of, or in connection with this contract, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the applicable arbitration law of the seat of arbitration and shall be conducted by the Asia-Pacific Centre for Arbitration & Mediation (“APCAM”), in accordance with their Arbitration Rules (“APCAM Arbitration Rules”) for the time being in force.”
“Any dispute, difference or controversy arising out of, or in connection with this contract shall first be referred to mediation at the Asia-Pacific Centre for Arbitration & Mediation (“APCAM”) and in accordance with its applicable Mediation Rules (“APCAM Mediation Rules”). If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute, difference or controversy shall be referred to and determined by arbitration as per the applicable arbitration law of the seat of arbitration by APCAM in accordance with its Arbitration Rules”.
“Any dispute, difference or controversy arising out of, or in connection with this contract, including any question regarding its existence, operation, termination, validity or breach thereof shall be referred to and finally resolved by arbitration as per the applicable arbitration law of the seat of arbitration and shall be conducted by the Asia-Pacific Centre for Arbitration & Mediation (“APCAM”), in accordance with their Arbitration Rules (“APCAM Arbitration Rules”) for the time being in force.
It is further agreed that following the commencement of arbitration, the parties will attempt in good faith to resolve such dispute, difference or controversy through mediation, as per the APCAM Arb-Med-Arb Procedure for the time being in force. Any settlement reached in the course of mediation shall be referred to the arbitral tribunal appointed by APCAM and may be made a consent award on agreed terms”.
“In case of any dispute, difference or controversy arising out of or in connection with this contract, parties may attempt to resolve it amicably by negotiating directly by an online platform and in case of failure to resolve the dispute or difference shall refer the same to online mediation at the Asia-Pacific Centre for Arbitration & Mediation (“APCAM”) and in accordance with its then current Mediation Rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by either online or offline arbitration by APCAM in accordance with its Arbitration Rules and in accordance with the applicable arbitration law of the seat of arbitration.”
* The parties may consider adding —
