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Documentation / Clauses

 ARBITRATION CLAUSE MODELS

FIRST MODEL

Arbitration clause
(Ordinary version)

First

The parties expressly waive their right to any form of legal recourse and submit all disputes arising out of or in connection with this contract to arbitration, in accordance with the conditions laid down in the following clauses (when applicable, replace contract for arrangement or legal relationship, or clearly describe the main contract).

For illustrative purposes only, dispute means any kind of point, claim, dispute or controversy that constitute a difference between the parties and that they are unable or unwilling to settle by themselves, whether relating to the performance and completion of the contract, interpretation, execution, rights and obligations arising out of the contract, bilateral services and their execution, or breach, inefficacy, defects and consequences, invalidity or avoidance, termination or cancellation.

Second

Arbitration of law shall be applied (if equity arbitration is chosen, the previous five words shall be replaced with the following: The dispute shall be settled by equity arbitration) under the Rules of Arbitration of the Civil and Mercantile Court of Arbitration (CIMA).

The parties submit to the Rules of Procedure of the Court and its Tariffs, acknowledging that they are apprised of them and herein undertake to act in good faith during the proceedings at all times and comply with the rulings and arbitral awards, without prejudice to any legal appeals to which they are entitled.

Consequently, they undertake to cooperate with the arbitral proceedings in all ways, to establish the exact nature of the difference and to determine whether it is national or international. The parties also bind themselves to submit any documentation and evidence that may be required from them at any given moment during the course of proceedings, and to pay the advance of costs, fees, expenses and other costs apportioned by the Court without delay.

Third

Alternative A: A sole arbitrator shall be nominated from among the members of the Civil and Mercantile Court of Arbitration to hear and rule on disputes. Said arbitrator shall be nominated by the President in accordance with Court Statutes, which the parties are apprised of.

Alternative B: A sole arbitrator shall be nominated from among the members of the Civil and Mercantile Court of Arbitration to hear and rule on disputes. Said arbitrator shall be nominated by the parties when the difference arises or, if they fail to agree upon an arbitrator, by the President in accordance with Court Statutes, which the parties are apprised of. It shall be understood that the parties have failed to agree upon an arbitrator if within fifteen calendar days after one party notified the other party or parties no affirmative answer has been received from all the parties.

Alternative C: A sole arbitrator shall be nominated from among the members of the Civil and Mercantile Court of Arbitration to hear and rule on disputes, and to this effect Mr…. is nominated. In the event of Mr…. repudiating or rejecting the nomination or the occurrence of any other circumstances that prevent him from acting, a substitute shall be nominated by the President of the Court in accordance with Court Statutes, which the parties are apprised of.

Alternative D: An arbitral tribunal composed of three arbitrators shall be nominated from among the members of the Civil and Mercantile Court of Arbitration to hear and rule on disputes. Said arbitrators shall be nominated by the President in accordance with Court Statutes, which the parties are apprised of.

Alternative E: An arbitral tribunal composed of three arbitrators shall be nominated from among the members of the Civil and Mercantile Court of Arbitration to hear and rule on disputes. The third arbitrator shall preside over the tribunal and shall be designated by the Court President, in accordance with Court Statutes, which the parties are apprised of. The remaining two arbitrators shall be nominated by the parties, who herein designate firstly Mr…… and secondly Mr…….. In the event of an arbitrator repudiating or rejecting the appointment or the occurrence of any other circumstances that prevent him from acting, a substitute arbitrator shall be nominated by the person or persons who nominated the original arbitrator. If this has not been effected fifteen calendar days after one party notified the other party or parties, the arbitrator shall be appointed by the Court President.

Alternative F: An arbitral tribunal composed of three arbitrators shall be nominated from among the members of the Civil and Mercantile Court of Arbitration to hear and rule on disputes. The third arbitrator shall preside over the tribunal and shall be designated by the Court President, in accordance with Court Statutes, which the parties are apprised of. The remaining two arbitrators shall be nominated by the parties when the difference arises. In the event of an arbitrator repudiating or rejecting the appointment or the occurrence of any other circumstances that prevent him from acting, a substitute arbitrator shall be nominated by the person or persons who nominated the original arbitrator. If this has not been effected fifteen calendar days after one party notified the other party or parties, the arbitrator shall be appointed by the Court President.

SECOND MODEL

Arbitration clause
 (Simplified version)
The parties expressly waive their right to any form of legal recourse and submit all controversies, issues or incidents arising out of or in connection with this contract to arbitration (when applicable, replace contract for arrangement or legal relationship, or clearly describe the main contract).

Arbitration of law shall be applied (if equity arbitration is chosen, the previous five words shall be replaced with the following: The dispute shall be settled by equity arbitration) under the Rules of Arbitration of the Civil and Mercantile Court of Arbitration (CIMA) whose Statutes and Rules of Procedure  are known by the signatories of this document.

(Incorporate one of the alternatives of the third section of the first model below)

THIRD MODEL

Unilateral request for ex post arbitration
(To be used when one of the parties in a contract or legal relationship wishes to refer the dispute or difference that it has with the other party arising out of or in connection with said contract or relationship to arbitration, in accordance with the Rules of the CIMA)

Mr....................... (state personal information and who he represents) requests  the Civil and Mercantile Court of Arbitration (CIMA) to obtain the consent of  Mr ........... (state personal information and who he represents) to settle the dispute or difference between the two that has arisen out of the contract of……(when applicable, arrangement or legal relationship) by arbitration of law (when applicable, equity or by the choice of the other party). (Briefly describe said contract, arrangement or legal relationship or at least indicate the heading that the parties have given).

The difference or dispute is as follows: (describe it)

In the event that the Court obtains the consent of Mr……..the signatories of this document shall be deemed to have entered into an arbitral commitment and consequently proceedings shall be governed by Court procedure, in accordance with its Statutes and Rules.

FOURTH MODEL

Bilateral request for ex post arbitration
(To be used when all the parties in a contract or legal relationship wish to refer the dispute or difference that they have with the other parties arising out of or in connection with said contract or relationship to arbitration, in accordance with the Rules of the CIMA)

Mr. ......................  and Mr……….( state personal information and who they represent), the parties in the contract described below, herein request the arbitration of the Civil and Mercantile Court of Arbitration (CIMA) to settle the dispute or difference between the two that has arisen out of said contract. The parties agree to waive their rights to any form of legal recourse and undertake to act in good faith during the proceedings at all times and comply with the rulings and arbitral awards, without prejudice to any legal appeals to which they are entitled. The parties also bind themselves to submit any documentation and evidence that may be required from them at any given moment during the course of proceedings, and to pay advance of costs, fees, expenses and other costs apportioned by the Court without delay.

They propose that the arbitration should be national (where applicable, international), and should be held in the city of ……….. The language to be used for all proceedings and the settlement of the dispute or difference (incorporate one of the alternatives of the third section of the first model below), shall be Spanish (or the language that is chosen). Arbitration of law (or equity) shall be applied.
 

They describe below the contract that is the subject of the arbitration and the dispute or difference between the parties for the purposes of article 12 of the Rules of the Court, which they affirm they are apprised of and shall be subject to (describe the contract or legal relationship and the points at issue in the dispute or difference).