Arbitration clause/mediation clause

A. Arbitration clause

 

Frankfurt am Main Chamber of Commerce and Industry suggests the following arbitration agreement to all parties who wish to make reference to the rules of procedure of the arbitration office for commercial disputes of Frankfurt am Main Chamber of Commerce and Industry and the Frankfurt am Main Bar Association:


I.
In the event of differences of opinion, the contracting parties engage to hold arbitration proceedings with the objective of achieving a fair agreement doing justice to their interests by means of a mediation with the support of a neutral arbiter, taking the economic, legal, personal and social situation into due account.

All disputes arising in connection with the contract ... (designation of the contract) or concerning its validity shall be arbitrated in accordance with the rules of arbitration of Frankfurt am Main Chamber of Commerce and Industry and the Frankfurt am Main Bar Association, ruling out ordinary courts of law.

II.
The parties shall name the arbiter jointly. If no agreement is reached on the person of the arbiter, he shall be appointed by the arbitration office. The appointment shall bind the parties.

III.
The costs of the arbitration shall be borne by the parties in equal shares (or pro rata) to the extent that they do not make any other agreement.

IV.
If a viable solution is not achieved in the arbitration proceedings, both parties shall be free to appeal to a court of law.

V.
However, the parties shall not be prevented from carrying out judicial summary proceedings, in particular seizure or injunction proceedings.



As an alternative, point IV. of the agreement can be replaced by the following one:

IV.
If the arbitration fails, be it because one of the parties or the arbiter declares that the arbitration proceedings have failed, the arbitration court of Frankfurt Chamber of Commerce and Industry shall be appealed to, ruling out ordinary courts of law.



The following supplements are recommendable:

  • The venue of the arbitration proceedings is .......
    (to the extent that it is not Frankfurt am Main)
     
  • The number of arbiters is .......
    (to the extent that more than one arbiter is required)
     
  • The applicable substantive law is .......
    (in cases with contacts abroad)
     
  • The language of the arbitration proceedings is .....
    (in cases with contacts abroad)