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ARBITRATION CLAUSES

  

VILNIUS INTERNATIONAL AND NATIONAL COMMERCIAL ARBITRATION (VINCA) CLAUSES OF INTERNATIONAL BUSINESS TRANSACTIONS (CONTRACTS)

Approved

by Decision N 7 of the General Meeting

of Members LAA of 3 April 2009

 

Revised

by Decision N1‑5/14 of the General Meeting

of Members LAA of 23 May 2014

 

When the parties to an international transaction (contract) have agreed that their business (economic) dispute shall be referred to the Vilnius International and National Commercial Arbitration (VINCA) for resolved finally by its administered arbitral tribunal of the International Commercial Arbitration (ICA), it is recommended to insert in the contract (agreement) any of the following (correspondence of contract) VINCA arbitration clause:

 

1. VINCA arbitration clauses of the Arbitral tribunals of general competence (justice)

VINCA standard clause of the Arbitral tribunal of general competence:

"Any dispute or disagreement arising out of or in connection with this contract (agreement) and not resolved through direct negotiations of the parties or by means of mediation shall be referred to the Arbitral tribunal of general competence of the International commercial arbitration (ICA), administered by the Vilnius International and National Commercial Arbitration, for finally settled in accordance with the Rules of Procedure of International Commercial Arbitration as approved by the Lithuanian Arbitration Association (LAA).”

VINCA clause of the alternate (chosen by the claimant) arbitration institution:

"Any dispute or disagreement arising out of or in connection with this contract (agreement) and not resolved through direct negotiations of the parties or by means of mediation shall be referred to an arbitration institution selected by the claimant, for finally settled in accordance with the rules of procedure in force thereat, or referred to the Arbitral tribunal of general competence of the International commercial arbitration (ICA), administered by the Vilnius International and National Commercial Arbitration, for finally settled in accordance with the Rules of Procedure of International Commercial Arbitration as approved by the Lithuanian Arbitration Association (LAA).”

 

2. VINCA clauses of the specialized Maritime arbitral tribunals

VINCA standard clause of the specialized Maritime arbitral tribunal:

“Any dispute or disagreement arising out of or in connection with this contract (agreement) and not resolved through direct negotiations of the parties or by means of mediation shall be referred to the specialised Maritime arbitral tribunal of the International commercial arbitration (ICA), administered by the Vilnius International and National Commercial Arbitration, for finally settled in accordance with the Rules of Procedure of International Commercial Arbitration as approved by the Lithuanian Arbitration Association (LAA) and the procedure as specified in Annex I thereto for hearing international business (economic) disputes arising in the marine activity.”

VINCA clause of the alternate (chosen by the claimant) arbitration institution:

“Any dispute or disagreement arising out of or in connection with this contract (agreement) and not resolved through direct negotiations of the parties or by means of mediation shall be referred to an arbitration institution selected by the claimant, for finally settled in accordance with the rules of procedure in force thereat, or shall be referred to the specialised Maritime arbitral tribunal of the International commercial arbitration (ICA), administered by the Vilnius International and National Commercial Arbitration, for finally settled in accordance with the Rules of Procedure of International Commercial Arbitration as approved by the Lithuanian Arbitration Association (LAA) and the procedure as specified in Annex I thereto for hearing international business (economic) disputes arising in the marine activity.”

 

3. VINCA clauses of the specialized Energy arbitral tribunals

VINCA standard clause of the Energy arbitral tribunal:

"Any dispute or disagreement arising out of or in connection with this contract (agreement) and not resolved through direct negotiations of the parties or by means of mediation shall be referred to the specialized Energy arbitral tribunal of the International commercial arbitration (ICA), administered by the Vilnius International and National Commercial Arbitration, for finally settled in accordance with the Rules of Procedure of International Commercial Arbitration as approved by the Lithuanian Arbitration Association (LAA) and the procedure as specified in Annex II thereto for hearing international business (economic) disputes arising in the energy activity.”

VINCA clause of alternate (chosen by the claimant) arbitration institution:

“Any dispute or disagreement arising out of or in connection with this contract (agreement) and not resolved through direct negotiations of the parties or by means of mediation shall be referred to an arbitration institution selected by the claimant for finally settled in accordance with the arbitration rules of procedure in force thereat, or shall be referred to the specialised Energy arbitral tribunal of the International commercial arbitration (ICA), administered by the Vilnius International and National Commercial Arbitration, for finally settled in accordance with the Rules of Procedure of International Commercial Arbitration as approved by the Lithuanian Arbitration Association (LAA) and the procedure as specified in Annex II thereto for hearing the international business (economic) disputes arising in the energy activity.” 

 

4. VINCA clauses of the specialized Construction arbitral tribunals

VINCA standard clause of the specialised Construction arbitral tribunal:

“Any dispute or disagreement arising out of or in connection with this contract (agreement) and not resolved through direct negotiations of the parties or by means of mediation shall be referred to the specialised Construction arbitral tribunal of the International commercial arbitration (ICA), administered by the Vilnius International and National Commercial Arbitration, for finally settled in accordance with the Rules of Procedure of International Commercial Arbitration as approved by the Lithuanian Arbitration Association (LAA) and the procedure as specified  in Annex III thereto for hearing international business (economic) disputes arising in the construction activity.”

VINCA clause of alternate (chosen by the claimant) arbitration institution:

“Any dispute or disagreement arising out of or in connection with this contract (agreement) and not resolved through direct negotiations of the parties or by means of mediation shall be referred to an arbitration institution selected by the claimant, for finally settled in accordance with the arbitration rules of procedure in force thereat or shall be referred to the specialised Construction arbitral tribunal of the International commercial arbitration (ICA), administered by the Vilnius International and National Commercial Arbitration, for finally settled in accordance with the Rules of Procedure of International Commercial Arbitration as approved by the Lithuanian Arbitration Association (LAA) and the procedure as specified in Annex III thereto for hearing the international business (economic) disputes arising in the construction activity.”

 

5. VINCA clauses of the specialised Agro-business arbitral tribunals

VINCA standard clause of the specialised Agro-business arbitral tribunal:

“Any dispute or disagreement arising out of or in connection with this contract (agreement) and not resolved through direct negotiations of the parties or by means of mediation shall be referred to the specialised Agro-business arbitral tribunal of the International commercial arbitration (ICA), administered by the Vilnius International and National Commercial Arbitration, for finally settled in accordance with the Rules of Procedure of International Commercial Arbitration as approved by the Lithuanian Arbitration Association (LAA) and the procedure as specified in Annex IV thereto for hearing international business (economic) disputes arising in the agrarian activity.”

VINCA clause of alternate (chosen by the claimant) arbitration institution:

“Any dispute or disagreement arising out of or in connection with this contract (agreement) and not resolved through direct negotiations of the parties or by means of mediation shall be referred to an arbitration institution selected by the claimant for finally settled in accordance with the arbitration rules of procedure in force thereat, or shall be referred to the specialised Agro-business arbitral tribunal of the International commercial arbitration (ICA), administered by the Vilnius International and National Commercial Arbitration, for finally settled in accordance with the Rules of Procedure of International Commercial Arbitration as approved by the Lithuanian Arbitration Association (LAA) and the procedure as specified in Annex IV thereto for hearing international business (economic) disputes arising in the agrarian activity.”

 

6. Arbitration clause of contract empowering the Vilnius International and National Commercial Arbitration for acting in accordance with the UNCITRAL Arbitration Rules:

"Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules. The appointed (competent) authority for acting in accordance with the articles 5-6 of the above-mentioned Rules (as revised in 2010) and its specified Annex II shall be Vilnius International and National Commercial Arbitration.”

 

7. Any of the mentioned arbitration clauses may be supplemented:

a) by specify of the applicable law... (agreed by the parties legal system);

b) by specify of the number of arbitrators...(one, three or more);

c) by specify of the place of arbitration... (country, city or the any other location);

d) by specify of the language(s) to the arbitral proceedings.

 

8. When the business parties not provide any possibility for appeal of arbitral award, the arbitration section of the contract may be finalize by the following mutual commitment: “Any arbitral award shall be final and parties hereby undertake it implement of good will”.

 

P.S The international agreement (contract) section formed this way states the order of dispute resolution procedures and gives for the arbitral tribunal (third party court*), administered by the Vilnius International and National Commercial Arbitration, the right and power to investigate and resolve a certain dispute, and it’s decision is currently enforceable in 149 countries – the attendees of the United Nations (New York) 1958 “Convention on the Recognition and Enforcement of Foreign Arbitral Awards”; the decision is enforceable following the procedures agreed upon in the convention as well as the enforcing country’s national laws.

* - created according to the LAA International Commercial Arbitration Rules or the UNCITRAL Arbitration Rules.