Standard arbitration clauses - Italian
Where the parties wish to refer their dispute to the LAC, it is recommended that they include into their contract one of the LAC standard arbitration clauses. The standard arbitration clauses may be amended or adapted by the parties according to their needs or circumstances.
When drafting the arbitration clause, the parties should exercise particular care. It is important that the arbitration clause exhibits a clear and unambiguous agreement of the parties that any disputes will be finally settled by arbitration (and not a state court) and that it will be submitted for arbitration at the LAC. An unclear or ambiguous arbitration clause may significantly hinder or even compromise the arbitral proceedings.
Arbitration
Any dispute, controversy or claim arising out of or in connection with this contract, including the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia.
Recommended additions:
• The Arbitral Tribunal shall be composed of [three arbitrators / a sole arbitrator].
• The seat of the arbitration shall be [city and state].
• The language to be used in the arbitral proceedings shall be [...]..
• The governing law of the contract shall be the substantive law of [...].
Expedited Arbitration
Where the dispute is less complicated or the amount in dispute is low and a fast resolution is particularly important to the parties, they may include in their contract the standard arbitration clause that provides for the application of the Rules for Expedited Arbitral Proceedings (Article 48 of the Ljubljana Arbitration Rules).
Any dispute, controversy or claim arising out of or in connection with this contract, including the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia with the application of the Rules for Expedited Arbitral Proceedings.
Recommended additions:
• The Arbitral Tribunal shall be composed of [a sole arbitrator / three arbitrators].
• The seat of the arbitration shall be [city and state].
• The language to be used in the arbitral proceedings shall be [...].
• The governing law of the contract shall be the substantive law of [...].
Arbitration without an Emergency Arbitrator
The Ljubljana Arbitration Rules also provide for Emergency Arbitrator Proceedings (Appendix III, the Ljubljana Arbitration Rules). Where the parties wish to opt-out of Emergency Arbitrator Proceedings, it is recommended that they include in their contract the standard arbitration clause for the exclusion of the provisions on the Emergency Arbitrator Proceedings.
Any dispute, controversy or claim arising out of or in connection with this contract, including the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia. The provisions on the Emergency Arbitrator Proceedings shall not apply.
Recommended additions:
• The Arbitral Tribunal shall be composed of [three arbitrators / a sole arbitrator].
• The seat of the arbitration shall be [city and state].
• The language to be used in the arbitral proceedings shall be [...].
• The governing law of the contract shall be the substantive law of [...].