Clause Models

Arbitration Clause Model

In order to choose arbitration as a form of conflict resolution, CAMARB recommends the insertion of the following model of arbitration clause:

“Any and all disputes arising from or related to this contract will be resolved by Arbitration, to be administered by CAMARB – Chamber of Business Mediation and Arbitration – Brazil, in accordance with the rules of its Arbitration Rules.”

The parties may additionally define the seat of arbitration, the language and the number of arbitrators as follows:

“The seat of arbitration shall be ___________ (city, state, country).”

“The language will be _____________.”

“The parties agree that the procedure will involve the participation of ______ (1 or 3) arbitrator(s), appointed in accordance with the provisions of the aforementioned Rules.”

CAMARB is available to clarify any doubts regarding the drafting of an arbitration clause, in order to meet the specific demands of the parties.

Mediation Clause and Escalation Clause Template

CAMARB is available to provide assistance in drafting a mediation or staggered arbitration clause, in order to meet the specific demands of the parties.

"MEDIATION – The parties agree to submit any disputes relating to this agreement to mediation, in advance and on a mandatory basis, under the administration of CAMARB – Chamber of Business Mediation and Arbitration – Brazil, in accordance with the rules of its Mediation Rules. The parties declare that they are aware that they must attend the first mediation session, as provided for in article 2, paragraph one, of Law No. 13.140/15. Only the attendance of the parties at the first mediation session will be considered mandatory. After the first session, the mediation will only proceed if the parties express their will.”

In accordance with the provisions of article 22 of Law No. 13.140/15, the parties may additionally define:

“The first session must be held within a minimum period of ______ days, not exceeding a maximum period of ________ months, counted from the receipt of the Mediation Request by the opposing party, unless otherwise expressly agreed by the parties.”

“Mediation sessions will be held at CAMARB facilities.”

“The parties agree that the procedure will involve the participation of ______ (one or two) mediators, who will be chosen by mutual agreement between the parties. If the parties do not reach a consensus, the procedure set forth in the CAMARB Mediation Rules will be adopted.”

“If the invited party does not attend the first mediation session, and there is a subsequent initiation of judicial or arbitration proceedings to address the same dispute that is the subject of the proposed mediation, the invited party will be responsible for paying ____________ percent of the costs and attorney's fees, regardless of the outcome of the proceedings.”

"ARBITRATION – After having attended the first mediation session and the dispute has not been resolved, any and all controversies arising from or related to this contract will be resolved by arbitration, to be administered by CAMARB – Chamber of Business Mediation and Arbitration – Brazil, in accordance with the rules of its Arbitration Rules, in force on the date of commencement of the respective procedure. The commencement of arbitration does not prevent the parties from initiating, continuing or resuming mediation proceedings.”