Clause

Italy China Business Mediation Center (ICBMC)

The clauses

By using a mediation clause, the parties to a contract agree to mediate any dispute arising between them under the rules of the selected institution.

Find below the mediation clause complying with the Italy-China Business Mediation Center (ICBMC) rules

ICBMC mediation clause

"Parties agree to submit all disputes arising in connection with this agreement to the mediation attempt managed by the Italy-China Business Mediation Center at the Chamber of Arbitration of Milan for the Italian side and the Mediation Center of China Council for the promotion of International Trade in Beijing for the Chinese side to solve the dispute with a mediation agreement in accordance with the Rules adopted by the same ICBMC."

The parties may also opt for a multi-step clause. In this case, they decide for a mediation attempt but, should this fail, an arbitration procedure will be commenced.

Find below an exemple of ICBMC mediation multi-step clause:

Multi-step clause (Mediation + Arbitration)

ICBMC mediation multi-step clause + arbitration model clause complying with the Arbitration Rules of the Chamber of Arbitration of Milan, English language, Italian substantial right.

"Parties agree to submit all disputes arising in connection with this agreement to the mediation attempt managed by the Italy-China Business Mediation Center at the Chamber of Arbitration of Milan for the Italian side and the Mediation Centre of China Council for the promotion of International Trade in Beijing for the Chinese side to solve the dispute with a mediation agreement in accordance with the Rules adopted by the same ICBMC.

If the attempt fails, all the disputes arising out of or related to the present contract shall be settled by arbitration under the Rules of the Chamber of Arbitration, by a sole arbitrator / three arbitrators **, appointed in accordance with the Rules, and shall be administered by the Chamber of Arbitration of Milan.

The Arbitral Tribunal shall decide in accordance with the rules of law of ... / ex aequo et bono**.

The seat of arbitration shall be ... . The language of the arbitration shall be ...".

** alternative choice, to be done considering the real circumstances and the value of the dispute.

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clause_icbmc.pdf    Kb29