Model Clause

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Mediation Clauses

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CAM Santiago recommends that all parties who wish to resort to mediation by the Center include one of the following clauses in their contracts:

• Form Mediation and Arbitration Clause for an Arbitrator Ex Aequo Et Bono
• Form Mediation and Arbitration Clause for an Arbitrator-At-Law
• Form Mediation and Arbitration Clause for an Arbitrator-At-Law with Regard to the Substance of the Dispute and Ex Aequo Et Bono with Regard to the Procedure

 

Any difficulty or controversy arising among the parties to the contract with respect to the application, interpretation, duration, validity or execution of the contract, or for any other reason, shall be submitted to mediation pursuant to the current Rules of Mediation Procedure of the Santiago Arbitration and Mediation Center.

In the event the mediation is not successful, the difficulty or controversy shall be resolved through arbitration pursuant to the Rules of Arbitration Procedure of the Santiago Arbitration and Mediation Center in effect at the time of its initiation.

The parties confer an irrevocable special power of attorney upon the Santiago Chamber of Commerce so that it may, at the written request of any of the parties, appoint an arbitrator-at-law from among the members of the arbitration corps of the Santiago Arbitration and Mediation Center.

There shall be no remedy against the arbitrator's resolutions. The arbitrator is especially empowered to resolve any matter relating to his/her competence and/or jurisdiction.