For use with Solomaris Arbitration — the Digital Arbitration Institution.
The Standard Clause below is sufficient on its own for most agreements — the Solomaris Arbitration Rules fill in everything it does not specify. The sections that follow offer optional additions for parties who want to fix a point in advance.
“Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, validity, interpretation, breach, or termination, shall be referred to and finally resolved by arbitration administered by Solomaris Arbitration in accordance with the Solomaris Arbitration Rules in force at the time the Notice of Arbitration is filed, which Rules are deemed incorporated into this clause by reference.”
Fixing the seat avoids leaving it to the Secretariat's default under Article 4.1.
“The seat of the arbitration shall be [Abu Dhabi Global Market (ADGM) / specify seat].”
“The number of arbitrators shall be [one / three].”
Distinct from the procedural rules governing the arbitration itself, and from the seat's arbitration law.
“This Agreement, and any non-contractual obligations arising out of or in connection with it, shall be governed by the laws of [jurisdiction].”
“The parties prefer that the dispute be decided on the documents alone under Article 17.1 of the Solomaris Arbitration Rules, without prejudice to either party's right to request a hearing on a specific issue.”
“Where a dispute under this Agreement involves more than two parties, or relates to a dispute already filed under a related agreement, the parties agree that the Secretariat may consolidate the proceedings under Article 8 of the Solomaris Arbitration Rules.”
For smart-contract transactions where the parties want automatic settlement under Article 23.2 rather than a conventional Award requiring separate enforcement.
“The parties agree in advance to fund the security escrow required under Article 7 of the Solomaris Arbitration Rules from the smart contract governing this Agreement, so that any resulting Award may be executed automatically under Article 23.2 of those Rules.”
“This smart contract [contract address, network] is subject to arbitration administered by Solomaris Arbitration under the Solomaris Arbitration Rules in force at the time a Notice of Arbitration is filed referencing this contract. Evidence anchored on-chain by or in connection with this contract may be relied upon under Article 14 of those Rules.”
Parties who want mediation as a first tier before arbitration should use the multi-tier clause in the Model Mediation Clause, not this document alone.
This is a first working edition. It is not legal advice and has not been reviewed by counsel admitted in any jurisdiction of intended enforcement.