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Model Clauses

SCECA provides internationally aligned model clauses tailored for engineering, construction, infrastructure, and technically complex projects, ensuring procedural clarity, neutrality, enforceability, and efficient dispute resolution.
Disclaimer: These model clauses are provided for guidance purposes only and should be reviewed and adapted to reflect the specific legal, regulatory, and contractual requirements applicable to each project and jurisdiction.

ARBITRATION

◆ Model Arbitration Clause

Any dispute, controversy, or claim arising out of or in connection with this contract, including any question regarding its existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved by arbitration administered by the Syrian Center for Engineering Contracts and Arbitration (SCECA) in accordance with its Arbitration Rules.

  • SCECA shall act as the administering and appointing authority.
  • The arbitral tribunal shall consist of [one/three] arbitrator(s).
  • The seat (legal place) of arbitration shall be [City and/or Country].
  • The language of the arbitration shall be [Language].
  • This contract shall be governed by the substantive laws of [State or Country].
  • The arbitral award shall be final and binding upon the parties.
  • The parties waive any right of appeal or recourse against the arbitral award.

MULTI-TIER RESOLUTION

◆ Model Multi-Tier Clause (Mediation → Arbitration)

1
Mediation
2
Negotiation Period
[X] Days
3
Arbitration

In the event of any dispute, controversy, or claim arising out of or in connection with this contract, including any question regarding its existence, validity, interpretation, performance, breach, or termination, the parties shall first seek to resolve the dispute amicably through mediation administered by the Syrian Center for Engineering Contracts and Arbitration (SCECA) in accordance with its Mediation Rules.

If the dispute is not resolved within [X] days from the commencement of mediation, the dispute shall be referred to and finally resolved by arbitration administered by SCECA in accordance with its Arbitration Rules.

  • The arbitral tribunal shall consist of [one/three] arbitrator(s).
  • The seat (legal place) of arbitration shall be [City and/or Country].
  • The language of arbitration shall be [Language].
  • This contract shall be governed by the laws of [State or Country].
  • The arbitral award shall be final and binding upon the parties.

MEDIATION

◆ Model Mediation Clause

In the event of any dispute, controversy, or claim arising out of or in connection with this contract, including any question regarding its existence, validity, interpretation, performance, breach, or termination, the parties shall seek to resolve such dispute amicably through mediation administered by the Syrian Center for Engineering Contracts and Arbitration (SCECA) in accordance with its Mediation Rules, which are deemed to be incorporated by reference into this clause.

Such mediation shall be conducted with due consideration to the technical and contractual complexities inherent in engineering and construction disputes.

All mediation proceedings, communications, documents, and settlement discussions shall remain confidential unless otherwise agreed by the parties or required by applicable law.

◆ Optional Guidance: Seat of Arbitration

Where the parties intend to designate a specific arbitration jurisdiction or financial center as the seat of arbitration, such designation should be expressly stated to ensure legal certainty, procedural clarity, enforceability of the arbitral award, and effective judicial supervision of the arbitration proceedings.

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Commitment to International Best Practices

Proceedings conducted under these clauses shall, unless otherwise agreed by the parties, be administered in accordance with internationally recognized standards and best practices applicable to international arbitration and engineering and construction dispute resolution, including principles of procedural fairness, neutrality, efficiency, and due process.

Download Model Clauses