MODEL CLAUSES - English
ARBITRATION CLAUSE
All disputes arising in connection with the present contract or connected thereto shall be finally settled under the Rules of the Piedmont Arbitration Chamber.
The arbitration proceeding shall be according to Ordinary Arbitration or to Fast Arbitration depending on the value of the claim.
In case of Fast Arbitration, the sole arbitrator shall decide ritually ex aequo et bono.
Note:
The Rules provide that in principle the dispute shall be devolved to a sole arbitrator. Parties may expressely provide in the arbitration agreement that the tribunal shall be composed by three arbitrators. Parties can modify the standard clause providing for an “irrituale” arbitration. They can also provide that Ordinary arbitration shall be ex aequo et bono or on the contrary, that Fast arbitration shall be according to law principles, if the law so permits.
The Rules provide that unless otherwise agreed, the Fast Arbitration procedure shall apply to disputes whose value doesn’t exceed 150.000 euros; the parties can provide for application of Fast arbitration to higher disputes or on the contrary, the application of Ordinary arbitration to smaller ones. Remind that in case a party is a consumer according to european rules the arbitration agreement has to be negotiated.
ARBITRATION CLAUSE FOR COMPANY ARTICLE OF ASSOCIATION
All disputes arising between the company and its individual partners or between the partners themselves, or toward directors, mayors or liquidators and between them or by them promoted, concerning the interpretation, execution and validity of the bye-law and/or in more general terms the company activity, shall be finally settled under the Rules of the Piedmont Arbitration Chamber by arbitration, according to articles 34, 35, 36 D.lgs. 17 January 2003 n. 5. The arbitration procedure will be ordinary or fast according to the Rules. The dispute will be settled by a sole arbitrator or an arbitral tribunal of three arbitrators*, all appointed by the Arbitration Chamber.
Note: In writing the arbitration clause the parties must choose between a sole arbitrator or an arbitral tribunal of three arbitrators. In the latter case, the ordinary procedure will be applied, according to art. 1.6 of the Rules Even for the company field, they can establish thatFast Arbitration procedure shall apply to disputes whose value doesn’t exceed 150.000 euros, or the parties can provide for application of Fast arbitration to disputes of more than 150.000 euros or Ordinary arbitration to smaller ones
INTERNATIONAL ARBITRATION CLAUSE
All disputes arising out of or in connection with the present contract, shall be finally settled by ritual ordinary or fast arbitration in conformity with the Rules of the Piedmont Arbitral Chamber.
The arbitrator/s settle the dispute enforcing the ______law (or ex aequo et bono).
The venue of the arbitration is the seat of the Piedmont Arbitration Chamber (or______). The language of the arbitration is ______.
MEDIATION CLAUSE
All disputes arising in connection with the present contract shall be submitted to mediation under the Rules of the Piedmont Arbitration Chamber cited in full herein. The parties undertake to have recourse to mediation before starting any legal action or arbitration proceeding.
In case the mediation attempt is unsuccessful, the parties agree to submit the dispute to arbitration according to the Piedmont Arbitration Chamber Rules