Contract clauses

Suggested Mediation Clause

“Any dispute or controversy arising out of or in connection with this contract or breach thereof, and if the dispute cannot be settled through negotiation, shall be referred to the ACDR in accordance with the ACDR Mediation Rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or controversy shall be submitted to the commercial court of Afghanistan, arbitration or some other dispute resolution procedure.”

The parties may wish to consider adding:

1. “The place of the mediation shall be (Kabul and/or AFGHANISTAN); or
2. “The language(s) of the mediation shall be PASHTO, DARI, ENGLISH;”
3. “The mediator shall take no longer than XX days, unless agreed otherwise.”

ACDR Model Arbitration Clause:

Any dispute arising out of or in connection with this contract including the validity, existence, performance, interpretation or termination thereof shall be referred to and finally resolved by arbitration administered by the Afghanistan Center for Commercial Dispute Resolution (“ACDR”) according to ACDR Arbitration Rules, which rules are deemed to be incorporated by reference into this clause.

The seat or legal place of arbitration shall be [City and/or Country]

The number of arbitrators shall be [one/three]

The language of arbitration shall be [……]