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Model Clauses
The Parties may use one of the model clauses set out below, which they are encouraged to include in the terms of the Contract, to set up and operate a Dispute Board under the Rules:
Dispute Board Clause for a DRB followed by arbitration, if required
The Parties hereby agree to establish a Dispute Review Board (“DRB”) in accordance with the Dispute Board Rules of the Cairo Regional Centre for International Commercial Arbitration (the “Rules”). The DRB shall have [one/three/more] member[s] appointed in accordance with the Rules, which are incorporated into this Contract by reference.
Any dispute of any kind or controversy arising out of or relating to this Contract, or its interpretation, execution, termination or invalidity thereof, which cannot be resolved between the Parties, shall be submitted to the DRB pursuant to the Rules. If any Party fails to comply with a Recommendation(s) for which 28 days has passed without a Notice(s) of Dissatisfaction being submitted and the Recommendation has become binding on the Parties, the Party seeking enforcement of the Recommendation may refer the failure to comply to arbitration under the Rules of Arbitration of the Cairo Regional Centre for International Commercial Arbitration. The arbitral tribunal shall have the power, by way of summary or other expedited procedure, to order, whether by an interim or provisional measure or an award (as may be appropriate under applicable law or otherwise), the enforcement of that Recommendation. Such interim or provisional measure or award shall be subject to the express reservation that the rights of the Parties as to the merits of the Dispute are reserved until they are resolved by an award.
If any Party sends a Notice of Dissatisfaction to the other Party and the DRB expressing its dissatisfaction with a Recommendation, as provided in the Rules, or if the DRB does not issue a Recommendation within the time limit provided in the Rules or as agreed upon between the Parties and the DRB, or if the DRB is disbanded pursuant to the Rules prior to issuing a Recommendation, the dispute shall be finally settled under the Rules of Arbitration of the Cairo Regional Centre for International Commercial Arbitration by [one/three] arbitrator[s]. The place of arbitration shall be [city and country] and the language to be used in the arbitral proceedings shall be [language].
Dispute Board Clause for a DAB followed by arbitration, if required
The Parties hereby agree to establish a Dispute Adjudication Board (“DAB”) in accordance with the Dispute Board Rules of the Cairo Regional Centre for International Commercial Arbitration (the “Rules”). The DAB shall have [one/three/more] member[s] appointed in accordance with the Rules, which are incorporated in this Contract by reference.
Any dispute of any kind arising out of or relating to this Contract, or its interpretation, execution, termination or invalidity thereof, which cannot be resolved between the Parties shall be submitted to the DAB pursuant to the Rules. For any given dispute, the DAB shall issue a Decision in accordance with the Rules.
If any Party fails to comply with a Decision(s), the Party seeking enforcement of the Decision may refer the failure to comply to arbitration under the Rules of Arbitration of the Cairo Regional Centre for International Commercial Arbitration. The arbitral tribunal shall have the power, by way of summary or other expedited procedure, to order, whether by an interim or provisional measure or an award (as may be appropriate under applicable law or otherwise), the enforcement of that Decision. In the case of a binding, but not final Decision of the DAB, such interim or provisional measure or award shall be subject to the express reservation that the rights of the Parties as to the merits of the Dispute are reserved until they are resolved by an award.
If any Party sends a written notice to the other Party and the DAB a Notice of Rejection expressing its rejection of a Decision, as provided in the Rules, or if the DAB does not issue a Decision within the time limit provided in the Rules or agreed upon between the Parties and the DAB, or if the DAB is disbanded pursuant to the Rules prior to issuing a Decision, the dispute shall be finally settled under the Rules of Arbitration of the Cairo Regional Centre for International Commercial Arbitration by [one/three] arbitrator[s]. The place of arbitration shall be [city and country] and the language to be used in the arbitral proceedings shall be [language].
Pending a ruling by the arbitral tribunal or the court, the Parties must comply with the Decision.
