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).
MULTI-STEP (MEDIATION AND ARBITRATION) 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 _________________