Mediation Clauses
DISCLAIMER:
- Islamic Arbitration and Mediation Services (IAMS): https://iams.llc
- AMJA Arbitration Guidelines: https://www.amjaonline.org
- AAA International Arbitration Rules (ICDR): https://www.icdr.org
Domestic Dispute Resolution Clause (U.S.) – IAMS + AMJA + AAA
Optional Language for Inclusion in Full Contracts (Summary Form):
The Parties agree that any dispute arising out of this Agreement shall be resolved exclusively through Islamic Arbitration and Mediation Services (IAMS), beginning with mediation and proceeding, if necessary, to binding arbitration in accordance with Islamic principles and relevant U.S. arbitration laws.
Full Dispute Resolution Clause:
Dispute Resolution – Domestic Arbitration and Mediation
The Parties agree that any dispute, controversy, or claim arising out of or relating to this Agreement—including, but not limited to, its interpretation, breach, termination, or enforcement—shall first be submitted to Islamic Arbitration and Mediation Services (IAMS) for faith-based mediation.
If the dispute is not resolved through mediation within sixty (60) days of written notice of the dispute, the matter shall be referred to binding arbitration administered by IAMS, in accordance with:
- The Arbitration Rules of IAMS
- The Islamic Arbitration Guidelines of the Academy of Muslim Jurists of America (AMJA)
- The Commercial Arbitration Rules of the American Arbitration Association (AAA) for procedural gaps
The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) or applicable state arbitration law. The arbitral tribunal shall consider Islamic commercial and personal legal principles (Fiqh al-Muʿāmalāt) as applicable and not inconsistent with U.S. public policy.
The tribunal shall consist of one (1) or three (3) arbitrators mutually agreed upon by the Parties, or appointed by IAMS if no agreement is reached.
The award shall be final, binding, and enforceable in any court of competent jurisdiction.
The legal seat of arbitration shall be [Insert City, State], and proceedings shall be conducted in English.
All proceedings, filings, and awards shall be held in strict confidence unless disclosure is required by law or for enforcement.
International Dispute Resolution Clause – IAMS + AMJA + UNCITRAL + NYC
Optional Language for Inclusion in Full Contracts (Summary Form):
Full Dispute Resolution Clause:
The Parties agree that any and all disputes, controversies, or claims arising out of or relating to this international Agreement, including its formation, interpretation, breach, or termination, shall be resolved exclusively through Islamic Arbitration and Mediation Services (IAMS), first by mediation and then by binding arbitration.
Arbitration shall be conducted in accordance with the following:
- AMJA Islamic Arbitration Guidelines for Islamic jurisprudential guidance
- UNCITRAL Arbitration Rules (as revised in 2013 or latest edition) for procedural standards
- New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) for enforcement
The seat (place of arbitration) shall be [Insert City, Country]. The arbitration shall be conducted in [Insert Language], unless otherwise agreed by the Parties.
Unless otherwise specified in the underlying contract, the arbitral tribunal shall apply the substantive law most closely connected to the transaction, along with Islamic commercial law (Fiqh al-Muʿāmalāt), provided such law does not violate international public policy or the laws of the seat.
The tribunal shall consist of one (1) or three (3) arbitrators, selected by mutual agreement of the Parties or appointed by IAMS. Arbitrators shall be qualified in both Islamic commercial law and international arbitration practice.
The arbitral award shall be final, binding, and enforceable in any jurisdiction recognizing the New York Convention (1958).
All aspects of the proceedings, including the arbitration itself, documents, witness testimony, and final award, shall remain confidential unless disclosure is required by law or for enforcement purposes.