Dispute resolution

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

Clause for international arbitration

This model can be used when the arbitration concerns parties with their legal seats in different countries. Thus, it is important to indicate more elements, for example the language of the arbitration or the law applicable to the merits of the dispute.

"All disputes - included those of not contractual nature - arising out of, related or connected to this agreement, shall be settled by arbitration under the Rules of the Chamber of Arbitration of Milan (the Rules), by a sole arbitrator / three arbitrators **, appointed in accordance with the Rules, which are deemed to be incorporated by reference into this clause.
The Arbitral Tribunal shall decide in accordance with the rules of law of ... .
The seat of the arbitration shall be ... .
The language of the arbitration shall be ...".

Company arbitration

This model clause can be inserted in the articles of association and/or in the constitutive act of companies, according to art. 34 of the Italian d.lgs. no. 5/2003.

"All the disputes concerning company relations, including those related to the validity of meeting's resolutions, brought by or against shareholders, by or against the company, by or against the directors, by or against auditors, by or against liquidators, shall be settled by arbitration under the Rules of the Chamber of National and International Arbitration of Milan (the Rules).
The Arbitral Tribunal shall be composed by a sole arbitrator / three arbitrators, appointed by the Chamber of Arbitration.

The arbitration shall be "rituale" and the arbitrators shall decide in accordance with the law".

Multi step clause - mediation and arbitration

This model includes both the services offered by the Chamber of Arbitration: mediation and arbitration. When disputes arise, the parties shall use the support of a mediator in order to find an agreement and, only in case of the failure of the mediation attempt, the parties shall defer the merits of the dispute to an Arbitral Tribunal.

"The parties shall defer the disputes arising out of the present contract to a mediation attempt managed by the Service of Mediation of the Chamber of Arbitration of Milan.
If the mediation attempt fails, all disputes - included those of not contractual nature - arising out of, related or connected to this agreement shall be settled by arbitration under the Rules of the Chamber of Arbitration of Milan (the Rules), by a sole arbitrator / three arbitrators **, appointed in accordance with the Rules, which are deemed to be incorporated by reference into this clause".

 

Clause for arbitration with seat in continental China

This model can be used when the arbitration seat is in continental China.
In fact, in this case the parties shall take care in writing the clause, because, according to the procedural Chinese law, the model clause of the Chamber of Arbitration of Milan could be declared inoperative due to the absence of an express reference to the administration of the same Chamber of Arbitration of Milan. Therefore, this clarification shall be added to the provision of the model clause.

"All disputes - included those of not contractual nature - arising out of, related or connected to this agreement shall be settled by arbitration under the Rules of the Chamber of Arbitration (the Rules), by a sole arbitrator / three arbitrators **, appointed in accordance with the Rules, which are deemed to be incorporated by reference into this clause, 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 ...".

Submission agreement

This model can be used when the parties decide to defer the dispute to arbitration, after the beginning of the dispute.

"The undersigned .................. and .. .................. , considering that a dispute has arisen between them concerning ................................................................................... agree that this dispute shall be settled by arbitration under the Rules of the Chamber of Arbitration of Milan (the Rules).
The Arbitral Tribunal shall be consist of a sole arbitrator / three arbitrators **, appointed in accordance with the Rules.
(date) (signature)"

Clause for "irrituale" arbitration

This model clause can be used when the parties want to obtain a contractual award, instead of an award with judgement effects. 
In the previous models, when the seat of arbitration is in Italy, the parties can also indicate the way to appeal against the arbitral award.
Therefore, the parties who want the award to be appealed also for the violation of legal rules, shall specify in the clause, under the third paragraph of art. 829, c.p.c. (Italian code of civil procedure): "the parties shall appeal against the arbitral award before the competent Court of Appeal, for the violation of legal rules".

"All disputes - included those of not contractual nature - arising out of, related or connected to this agreement, shall be settled by arbitration under the Rules of the Chamber of Arbitration of Milan (the Rules), by a sole arbitrator / three arbitrators **, appointed in accordance with the Rules, which are deemed to be incorporated by reference into this clause. Departing from art. 824 c.p.c., the parties agree that the dispute shall be settled by the arbitrators with a contractual determination".


Clause for UNCITRAL arbitration 

Clause for UNCITRAL arbitration designating CAM as appointing authority and providing for its services: 

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules.
The Chamber of Arbitration of Milan shall act as appointing authority and provide services in accordance with its Procedure for cases under the UNCITRAL Arbitration Rules.

Clause for UNCITRAL arbitration designating CAM as appointing authority:

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules.
The Chamber of Arbitration of Milan shall act as appointing authority.

Clause for UNCITRAL arbitration providing for CAM services:

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules.
The appointing authority shall be…
The Chamber of Arbitration of Milan shall provide services in accordance with its Procedure for cases under the UNCITRAL Arbitration Rules.