Model Clause

In case the parties only choose mediation at VMC

“Any dispute arising out of or in connection with this Contract/Agreement shall be submitted for resolution by mediation at the Vietnam Mediation Centre (“VMC”), a division of the Vietnam International Arbitration Centre in accordance with the VMC Mediation Rules.

This agreement to mediate or the participation in mediation at VMC shall be without prejudice to the right of any party to pursue any legal proceedings at any time.”

In cases where the parties choose mediation at VMC and arbitration at VIAC

“Any dispute arising out of or in connection with this Contract/Agreement shall be referred to mediation at the Vietnam Mediation Centre (“VMC”), a division of the Vietnam International Arbitration Centre (“VIAC”) in accordance with the VMC Mediation Rules.

In the event that mediation is unsuccessful or the dispute cannot be resolved through mediation, any dispute arising from or related to this Contract/Agreement shall be finally resolved by arbitration at VIAC in accordance with the VIAC Rules of Arbitration. The parties’ agreement to mediate or participation in mediation at VMC shall be without prejudice to the right of any party to commence an arbitration at VIAC for resolution.”