ARBITRATION

Arbitration is a civil court procedure where the judges are private individuals.
Whoever has the expertise to act may serve as an arbitrator: as a rule, arbitrators are professionals, most of them are lawyers. In its most common and appreciated form, i.e. procedural arbitration (“arbitrato rituale”),

the proceedings end with an arbitration award that has the same effect of a ruling issued by an ordinary public judge.
The main features of arbitration are its promptness, confidentiality, and the arbitrators’ expertise.

EVERYONE: companies, entrepreneurs, professionals, private individuals with converging needs: the ability to rely on skilled and earnest Arbitrators, who can deliver well thought-out and speedy decisions, at competitive and pre-determined costs.

PERCHÈ: success and competitiveness in today’s domestic and international market require careful and effective planning of your business operations,

without wasting (human, financial, or time) resources in slow litigation and inefficient proceedings.

WHY: when justice is too slow, it is justice denied.

BECAUSE IT IS:

- EFFICIENT : the award has the same effect of a court ruling.
- QUICK : its duration is reduced and known.
- AFFORDABLE : its costs are pre-determined.

POICHÉ GLI ARBITRI SONO:

- INDIPENDENT : as substantiated by specific checks.
- SPECIALIZED: as per their detailed resumes.
- MOTIVATED : as per their detailed resumes.

IN ADDITION, IT IMPLIES COMPLIANCE WITH:

- DURATION : as set by the parties.
- RULES : as chosen by the parties.
- A COMMITMENT : that everyone has undertaken.

- It is an association of highly qualified professionals specialized in arbitration.
- It provides efficient and prompt answers to each specific dispute.
- Its members are impartial and independent.
- By relying on Arbitrando, an arbitrator will be certainly appointed, who can boast subject matter expertise, and a proven track-record of independence.
- Arbitrando is able to assist the parties with a complete approach throughout all phases of the procedure and until its completion.
- Arbitrando relies on best practices adapted to each kind of dispute.
- Speedy proceedings are guaranteed.
- The costs are competitive and pre-determined.
- Arbitrando advocates a more widespread use of arbitration, to make it accessible to the public on an even wider scale.

RELIANCE ON ARBITRATION IS GROWING

A number of legislative-minded initiatives are strongly promoting arbitration as an effective form of justice and as an alternative to ordinary proceedings.
Arbitration is widely appreciated as a form of private justice, with an arbitrator issuing an award that has the same import of a court ruling.

ARBITRATION IS A SOLUTION TO ANY KIND OF CONTROVERSY

Both domestically and internationally, the following disputes may be deferred to arbitration, by way of example:

- contractual and extra-contractual obligations between private parties;
- corporate relationships between shareholders and corporations;
- relationships between entrepreneurs;
- employment relationships;
- relationships with Public Authorities;
- rights in rem;
- inheritance rights;
- family law;
- compensation for damages arising out of breaches of contract, wrongdoings, and crimes;

We propose below some model arbitration clauses drafted with a view to providing a handbook that may be used to meet a wide range of requirements and cases.
MODEL ARBITRATION CLAUSES
which designate Arbitrando as the Appointing Authority

1) RELIANCE ON ARBITRATION IS GROWING with the Chamber of Arbitration of Milan

Any disputes arising out of, or in relation to, this agreement shall be settled by arbitration according to procedure and the law, managed in accordance with the Rules of the Chamber of Arbitration of Milan (established at the Milan Chamber of Commerce), and settled by a sole arbitrator.

The sole arbitrator shall be appointed within ten days from receipt of a written request by the Board of Governors of Arbitrando (www.arbitrando.eu), without prejudice to subsequent confirmation of the arbitrator by the Chamber of Arbitration of Milan.

2) MIXED CLAUSE - MANAGED ARBITRATION WITH PANEL

Under the Rules of the Chamber of Arbitration of Milan

Any disputes arising out of, or in relation to, this agreement shall be settled by arbitration according to procedure and the law, managed in accordance with the Rules of the Chamber of Arbitration of Milan (established at the Milan Chamber of Commerce), and settled by a panel of three arbitrators.

The entire arbitration panel shall be appointed within ten days from receipt of a written request by the Board of Governors of Arbitrando (www.arbitrando.eu), without prejudice to subsequent confirmation of the arbitrators by the Chamber of Arbitration of Milan.

3) MIXED CLAUSE - MANAGED ARBITRATION - SOLE ARBITRATOR

Under the rules of the National and International Arbitration Chamber of Milan with the Bar Association of Milan

Any disputes related to and/or arising out of this agreement shall be settled by arbitration under the Rules of the National and International Chamber of Arbitration of the Milan Bar Association, and settled by a sole arbitrator.

The sole arbitrator shall be appointed within ten days from receipt of a written request by the Board of Governors of Arbitrando (www.arbitrando.eu).

Arbitration venue: Milan.

4) MIXED CLAUSE - MANAGED ARBITRATION WITH PANEL

Under the rules of the National and International Arbitration Chamber of Milan with the Bar Association of Milan

Any disputes related to and/or arising out of this agreement shall be settled by arbitration under the Rules of the National and International Chamber of Arbitration of the Milan Bar Association, and settled by a panel of three arbitrators.

The entire arbitration panel shall be appointed within ten days from receipt of a written request by the Board of Governors of Arbitrando (www.arbitrando.eu).

Arbitrando venue: Milan.

5) AD HOC ARBITRATION CLAUSE - SOLE ARBITRATOR

Any disputes related and/or arising out of this agreement shall be settled by an ad hoc arbitration according to procedure and the law, and settled by a sole arbitrator.

The sole arbitrator shall be appointed, within ten days from receipt of a written request to that effect, by the Board of Governors of Arbitrando (www.arbitrando.eu).

Arbitration venue: Milan.

6) AD HOC ARBITRATION CLAUSE - ARBITRATION PANEL

Any disputes related and/or arising out of this agreement shall be settled by an ad hoc arbitration according to procedure and the law, and settled by a panel of three arbitrators.

The entire arbitration panel shall be appointed, within ten days from receipt of a written request to that effect, by the Board of Governors of Arbitrando (www.arbitrando.eu).

Arbitration venue: Milan.

7) “MED-ARB” CLAUSE - AD HOC ARBITRATION - appointment by ARBITRANDO’S BOARD OF GOVERNORS

“DISPUTE RESOLUTION

The parties, with a view to reaching a common and effective resolution of disputes related and/or arising out of this agreement, mutually agree as follows:

a) The Affected Party undertakes to defer the dispute to a mediation attempt to be performed with a Mediation Centre accredited with the Ministry of Justice - in compliance with the procedures provided under Legislative Decree No. 20 of 4.3.2010.

b) If such attempt fails, or in any event is not completed within 90 days subject to any extensions agreed between the parties, the dispute shall be settled by ad hoc arbitration, according to procedure and the law, to be decided by a sole arbitrator.

c) The sole Arbitrator shall be appointed by the Board of Governors of Arbitrando (arbitrando.eu), within ten days from receipt of a written request formulated by the Affected Party to that effect.

d) The arbitration shall take place in Milan and according to the procedures provided in point of procedural arbitration under articles 806 et seq. of the Civil Procedure Code”

8)  CORPORATE ARBITRATION CLAUSE

Any disputes that may arise between shareholders or between shareholders and the company, even if brought by directors, receivers, and by the supervisory body or against them, which pertain to their transferable rights as shareholders, shall be settled by arbitration according to procedure. The Arbitration Panel shall comprise a sole arbitrator (for disputes with value up to EUR 300,000) or three arbitrators (for disputes with value in excess of EUR 300,000), appointed by the Board of Governors of Arbitrando, irrespective of the number of parties; it shall settle the dispute according to the law, and its proceedings shall take place in Milan. The award may be always be disputed also in case of violation of statutes concerning the merits of the dispute pursuant to art. 829, para 3, of the Civil Procedure Code. When vacating an arbitration award, the Court of Appeals shall not rule on the merits of the case.