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In business contracts (articles of association, partners’ agreement, service, supply, delivery, transfer, franchise, subcontracting contracts, etc.), where a jurisdiction clause is usually included, the parties may stipulate recourse to mediation and/or arbitration.
Other alternative dispute resolution methods may also be provided for (amicable expertise, final offer decision, etc.).
By inserting these clauses, the parties decide, even before the conflict arises, which tools will be used to settle their differences when the time comes.
It is easier to raise the issue of alternative dispute resolution methods at a constructive and peaceful moment such as the drafting of a contract, rather than waiting for the conflict to arise and crystallise.
“By inserting these clauses, the parties decide which tools will be used to settle their differences when the time comes.”
Thus, the CMAP provides you with template clauses that can be integrated, as is or adapted to your specific needs, in your contracts. Do not hesitate to contact us when inserting these clauses to check their validity and/or relevance.
Any disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption or termination of this contract shall be subject to mediation and, in the event of its failure, to the CMAP arbitration rules to which the parties declare that they adhere.
Any dispute that may arise regarding the validity, interpretation, performance or non-performance, interruption or termination of this contract shall be submitted to mediation in accordance with the CMAP mediation rules to which the parties declare that they adhere.
Any disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract shall be submitted to arbitration in accordance with the CMAP arbitration rules to which the parties declare that they adhere.
Visit our pages “Overview of alternative dispute resolution methods” and “The CMAP’s offer in practice”.
In the event of a technical or financial difficulty arising either during or after the performance of the contract, the parties shall, before any litigation, request an independent technical assessment before any legal action is taken.
This is organised by the CMAP (Centre de Médiation et d’Arbitrage de Paris) at the Paris- Île de France Chamber of Commerce and Industry, in accordance with its rules for independent technical assessment, of which the parties have been informed and to which they declare that they adhere.
Unless otherwise agreed by the parties, this opinion shall not be binding. It may only be invoked or produced in a litigation procedure if the parties agree.
In the event of a legal difficulty arising either during or after the performance of the contract, the parties shall, before any litigation, request an independent legal assessment.
This will be organised by the CMAP (Centre de Médiation et d’Arbitrage de Paris) at the Paris Île-de-France Chamber of Commerce and Industry, in accordance with its rules for independent legal assessment, of which the parties have been informed and to which they declare that they adhere.
Unless otherwise agreed by the parties, this opinion shall not be binding. It may only be invoked or produced in a litigation procedure if the parties agree.
During the performance of the contract, any dispute likely to jeopardise its continuation shall be provisionally settled by an adjudication, in accordance with the adjudication rules of the CMAP (Centre de Médiation et d’Arbitrage de Paris) at the Paris- Île de France Chamber of Commerce and Industry, of which the parties have been informed and to which they declare that they adhere.
After having complied with the adjudication, each party shall retain the possibility of bringing the matter before the competent court.
For more information, please contact us.