Model Clauses

Here follows a list of some models of arbitration clauses drafted to provide a vade-mecum usable in a wide range of cases.

MODELS OF ARBITRATION CLAUSES
with the designation of the “Arbitrando” association as appointing authority

1) MIXED CLAUSE ADMINISTERED ARBITRATION at the Chamber of Arbitration of Milan
All the disputes arising out of or related to the present contract, shall be settled by “ritual” arbitration (in accordance with the law) administered under the Rules of the Chamber of Arbitration of Milan (established at the Commercial Chamber) and decided by a sole arbitrator. The sole arbitrator shall be appointed by the Executive Council of Arbitrando Association (www.arbitrando.eu) within ten days from the receipt of a written request, subject to confirmation of the arbitrator by the Chamber of Arbitration of Milan.


2) MIXED CLAUSE ADMINISTERED COLLEGIAL ARBITRATION under the Rules of the Chamber of Arbitration of Milan
All the disputes arising out of or related to the present contract shall be settled by “ritual” arbitration (in accordance with the law) administered under the Rules of the Chamber of Arbitration of Milan (established at the Commercial Chamber) and decided by a panel of three arbitrators. The arbitral panel shall be appointed by the Executive Council of Arbitrando Association (www.arbitrando.eu) within ten days from receiving a written request, and subject to confirmation of the arbitrators by the Chamber of Arbitration of Milan.


3) MIXED CLAUSE ADMINISTERED ARBITRATION – SOLE ARBITRATOR under the Rules of the National and International Chamber of Arbitration of the Bar Association of Milan
All the disputes arising out of or related to the present contract, shall be settled by “ritual” arbitration (in accordance with the law) administered under the Rules of the National and International Chamber of Arbitration of the Bar Association of Milan and decided by a sole arbitrator. The sole arbitrator shall be appointed by the Executive Council of Arbitrando Association (www.arbitrando.eu) within ten days from receiving a written request.
Place of the Arbitration: Milan


4) MIXED CLAUSE ADMINISTERED COLLEGIAL ARBITRATION under the Rules of the National and International Chamber of Arbitration of the Bar Association of Milan
All the disputes arising out of or related to the present contract shall be settled by “ritual” arbitration (in accordance with the law) administered under the Rules of the National and International Chamber of Arbitration of the Bar Association of Milan and decided by a panel of three arbitrators. The entire arbitral panel shall be appointed by the Executive Council of Arbitrando Association (www.arbitrando.eu) within ten days from receiving a written request.
Place of the Arbitration: Milan


5) CLAUSE OF AD HOC ARBITRATION – SOLE ARBITRATOR
All the disputes arising out of or related to the present contract shall be settled by ad hoc ritual arbitration (in accordance with the law) and decided by a sole arbitrator. The sole arbitrator shall be nominated by the Executive Council of the Arbitrando Association (www.arbitrando.eu) within ten days from receiving a written request in that respect.


6) CLAUSE OF AD HOC ARBITRATION – ARBITRAL PANEL
All the disputes arising out of or related to the present contract shall be settled by ad hoc ritual arbitration (in accordance with the law) and decided by a panel of three arbitrators. The entire arbitral panel shall be nominated by the Executive Council of Arbitrando Association (www.arbitando.eu) within ten days from receiving a written request in that respect.


7) “MED-ARB” CLAUSE- AD HOC ARBITRATION – designation ARBITRANDO “DISPUTES RESOLUTION”
In order to achieve a common and efficient resolution of the disputes arising out of or related to the present contract, the parties establish as mutually agreed that:
a) the interested party undertakes to achieve an agreement regarding the dispute – before a body of Mediation, so qualified by the Ministry of Justice – under the procedures established in D. Lgs. 4.3.2010 No 28.
b) if the mediation attempt fails or it does not come to a conclusion in 90 days, unless further deferment by the parties, the dispute shall be settled by an ad hoc ritual arbitration (in accordance with the law) and decided by a sole arbitrator.
c) the arbitrator shall be appointed by the Executive Council of Arbitrando Association (www.arbitrando.eu) within ten days from receiving a written request by the interested party.
d) the place of the arbitration is established in Milan and the related proceeding shall take place according to the rules concerning the ritual arbitration provided by articles 806 and following of the Civil Procedural Code.