The Paris Court of International Arbitration – Centre for Emerging Markets (PCIA-CEM) operates as a specialized division within the PCIA, dedicated to the resolution of disputes that arise among parties originating from, or operating within, emerging economies. Globally recognized as a leading authority in this field, PCIA-CEM provides unparalleled dispute resolution services for conflicts involving entities from the Middle East, Africa, South America, Asia, and other dynamic growth regions.

Arbitrators affiliated with PCIA-CEM possess profound and extensive experience navigating the unique legal, commercial, and cultural landscapes of emerging markets. This deep understanding enables them to effectively address the distinct challenges encountered by parties conducting business in these jurisdictions. PCIA-CEM Arbitrators are committed to delivering impartial and efficient dispute resolution, with arbitral awards typically rendered within twelve (12) months from the formal commencement of proceedings, ensuring timely and cost-effective outcomes.

PCIA-CEM Recommended Arbitration Clauses

For parties seeking to incorporate PCIA-CEM arbitration into their contractual agreements, the following clauses are recommended. Text enclosed in square brackets should be completed or deleted as appropriate to reflect the specific agreement.

For Future Disputes

For contracting parties who wish to stipulate that future disputes shall be referred exclusively to arbitration under the PCIA-CEM Rules, the following clause is advised:

“Any 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 Rules of the Paris Court of International Arbitration – Centre for Emerging Markets (‘PCIA-CEM Rules’), which are hereby incorporated by reference into this clause. The arbitral tribunal shall consist of [one/three] arbitrator(s). The seat, or legal place, of the arbitration shall be [City and/or Country]. The language to be employed in the arbitral proceedings shall be [    ]. The substantive law governing this contract shall be the law of [    ].”

For Existing Disputes

When a dispute has already materialized, and no prior arbitration agreement exists, or when parties desire to modify an existing dispute resolution provision to mandate PCIA-CEM arbitration, the following clause is recommended:

“A dispute having arisen between the parties concerning [description of dispute], the parties hereby agree that such dispute shall be finally resolved by arbitration under the PCIA-CEM Rules. The arbitral tribunal shall consist of [one/three] arbitrator(s). The seat, or legal place, of the arbitration shall be [City and/or Country]. The language to be employed in the arbitral proceedings shall be [    ]. The substantive law governing this contract [is/shall be] the law of [    ].”

Customization of Recommended Clauses

The Secretariat of PCIA-CEM welcomes discussions regarding any desired modifications to these standard clauses. For instance, provisions for party nomination of arbitrators or the implementation of expedited procedures can be readily accommodated.