Menu

Standard Clause

Standard Clauses

It is recommended to the parties to select the Standard Agreement of this institution to mediate and – if not successful – to arbitrate the dispute.

The parties are then offered a short mediation and  – arbitration clause while a more comprehensive one, which deals with several other important and delicate other issues, is also available to more sophisticated users, as well as other clauses (arbitration only, documents only arbitration, pre-arbitral referee, mediation only).

MEDIATION AND ARBITRATION STANDARD CLAUSE

Any dispute relating to or arising from this contract, that is not subject to mandatory provisions on different terms at the place of the mediation proceedings, including mediations between parties belonging to different jurisdictions or parties to domestic disputes, shall be submitted to a procedure of mediation conducted by a sole mediator selected, appointed and proceeding in accordanceunder with the Mediation Rules of the European Centre of Arbitration and Mediation having its seat in Strasbourg, – which Rules are in force at the date of filing of the application for mediation – conducted by a sole mediator selected and appointed by its local branch competent by territory – if any – and if not by the Centre itself and proceeding according to them.
In the event of the mediation not being successful, the arbitration proceedings will be conducted according to the Rules of the European Court of Arbitration by a sole arbitrator who will be appointed, if the dispute is domestic, by the local Chapter – if any – of the European Court of Arbitration and in the absence of a local Chapter, as well as to all non domestic disputes, by the Central Registrar competent for that area.
Place of Arbitration ________________________
Language of the proceedings _________________
As to the substance of the dispute _________________

Arbitration Clause

Any dispute arising from the relationships between the parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be ____. The language of the proceedings shall be ______. Applicable rules of substantive law shall be _______________

STANDARD MEDIATION CLAUSE

Any dispute relating to or arising from this contract, that is not subject to mandatory provisions on different terms at the place of the mediation proceedings, including mediations between parties belonging to different jurisdictions or parties to domestic disputes, shall be submitted to a procedure of mediation in accordance with the Mediation Rules of the European Centre of Arbitration and Mediation having its seat in Strasbourg – which Rules are in force at the date of filing of the application for mediation – 

conducted by a sole mediator selected and appointed by its local branch competent by territory – if any – and if not by the Centre itself and proceeding according to them.

If mediation is successful, the agreement signed by the parties which conciliates the dispute will constitute a settlement between the parties settling the existing dispute or for avoiding a

future dispute. A party may seek by or through any court enforcement of any reciprocal obligation arising from such settlement.

MEDIATION AND ARBITRATION STANDARD CLAUSE

Any dispute between the parties relating to or arising from this contract shall be submitted to a procedure of mediation conducted by a sole mediator, appointed and proceeding in accordance with the Mediation Rules of this body by the local branch – if any – of the Mediation Centre for Europe, the Mediterranean and the Middle East having its seat in Strasbourg, which Rules are in force at the date of filing of the application for mediation.
In the event of the mediation proceedings not taking place or being unsuccessful, any dispute arising from said relationships between the parties shall be determined in accordance with the Arbitration Rules and the Internal Rules of the European Court of Arbitration – being part of the European Centre of Arbitration having its seat at Strasbourg (in force at the time the application for arbitration is filed), with right to appeal – unless forbidden by the applicable procedural law – including for wrong choice of the substantive law and or for errors of substantive law and errors of fact, by way of rehearing by an appellate arbitral tribunal (if so allowed by the applicable procedural law), of which adoption of this clause constitutes acceptance.
The arbitration proceedings will be conducted according to the provisions of the said Rules by a sole arbitrator who will be appointed, if the dispute is domestic, by the local Chapter – if any – of the European Court of Arbitration and in the absence of a local Chapter, as well as to all non domestic disputes, by the Central Registrar competent for that area: Strasbourg for Northern and Central Europe ; Milan for disputes between parties belonging even one of them to Southern Europe, the Mediterranean and the Middle East (as to France, the Department of Provence, Alpes, Côte d’Azur, les Bouches du Rhône, Var, Roussillon and Languedoc) Portugal, the Balkans, Romania, Bulgaria, Ukraine, the Black Sea and in general all the countries of Eastern Europe.
The parties undertake to keep, and to cause their Counsel, advisors, managers, employees and agents to keep strictly confidential the dispute, the facts, the documents, the evidence and the award.
The parties agree to conduct and to cause their Counsel to conduct themselves in a manner which limits the duration of the proceedings to nine months, and to avoid the production of documents and the calling of witnesses who are unnecessary or irrelevant, restraining motion practices, avoiding delays, vexatious or repetitive conduct and in general any overlawyering and accepting to pay to the other parties all legal costs caused by a breach of such commitment, even in cause of final success in the dispute.
Each party further undertakes to promptly reimburse the other parties which should pay its share of any advance requested by the European Court of Arbitration or by its local competent Chapter – if any – for the proceedings and to recognise that the other parties shall be entitled to an ex parte summary judgment, or other summary proceedings, against it for such repayment.
The parties request the arbitrator to issue as soon as possible an interim award for the part of a claim or cross claim which is undisputed or manifestly grounded.
Place of Arbitration ________________________
Language of the proceedings _________________
As to the substance of the dispute :

 by one arbitrator*
 by three arbitrators*

ARBITRATION CLAUSE

Any dispute arising from the relationships between the parties to this Agreement shall be subject to determination by a sole arbitrator selected and appointed by the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg in accordance with the Documents Only Arbitration Rules of the Court in force at the time the application for arbitration is filed.

PRE-ARBITRAL REFEREE CLAUSE

Any party to the contract to which this clause is incorporated and who seeks an urgent conservatory or interlocutory injunction, prior to the appointment of the Arbitral Tribunal or before a State Court is seized, may – if allowed by the applicable law – submit its application to a third party acting as a Pre-Arbitral Referee, appointed by the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg – which will proceed in accordance with the European Court of Arbitration’s Pre-Arbitral Referee Rules in force at the time filing of the application for pre-arbitral referee is made. The Referee may render provisional determinations where public policy provisions of the place of enforcement of such a measure do not limit jurisdiction only to State Courts. Each party agrees to execute without delay the determinations made by the pre-arbitral referee without prejudice to the right to later submit the matter to the competent jurisdiction.
The parties agree that any pre-arbitral referee determination may be enforced by application to the competent state court of the place of enforcement which may order penalties for failure to comply.