Multi-Tiered Template Clause
*CAMARB is available to assist in the wording of an arbitration clause of mediation or escalated, in order to fulfill specific demands of the parties.
“MEDIATION – The parties agree to submit the disputes related to this agreement to mediation, previously and mandatorily, under the administration of CAMARB – Business Mediation and Arbitration Chamber – Brazil, in compliance with the provisions of its Mediation Rules. The parties declare to be aware that they shall attend the first mediation session, as provided for in Article 2, first paragraph, of Law No. 13,140/15. Only the attendance of the parties to the first mediation session shall be considered mandatory. After the first session, mediation will only proceed if the parties express their agreement”.
As provided for in Article 22 of Law No 13,140/15, the parties may further define:
“The first session shall be held within a minimum time limit of ______ days, not exceeding a maximum time limit of ________ months, counting from receipt of the Request for Mediation by the counter-party, unless otherwise expressly agreed to by the parties.”
“Mediation sessions will be held on the CAMARB’s facilities.”
“The parties declare that the proceeding shall be conducted by ______ (1 or 2) mediator(s), chosen by mutual agreement between the parties. If the parties do not achieve an agreement, the procedure established in the Mediation Rules of CAMARB shall be adopted”.
“In case of failure to attend the first mediation session and having been filed a lawsuit or an arbitration proceeding to settle the same dispute that is the subject of the proposed mediation, the invited party shall be liable for pay ____________ percent of the costs and attorney fees of suit, regardless of the outcome of the proceeding.
“ARBITRATION – After having attended the first mediation session and the dispute has not been settled, all and any dispute arising from or related to this agreement shall be settled by Arbitration, to be administered by CAMARB – Business Mediation and Arbitration Chamber – Brazil, in compliance with the provisions of its Arbitration Rules in force on the date of commencement of the respective proceeding. The commencement of the arbitration shall not prevent the parties from commencing, continuing, or resuming a mediation proceeding”.
The parties may also define the venue of the arbitration, the language, and the number of arbitrators, as follows:
“The arbitration will be held in ___________ (city, state, country).”
“The language will be _____________ .”
“The parties provide that the proceeding shall be conducted by ______ (one or three) arbitrator(s), appointed in compliance with the provisions of the mentioned Rules.”