1- FORM ARBITRATION CLAUSE FOR AN ARBITRATOR EX AEQUO ET
BONO
Any difficulty or controversy arising among the parties with
respect to the application, interpretation, duration, validity or
execution hereof or for any other reason shall be submitted to
Arbitration pursuant to the current Rules of Arbitration Procedure
of the Arbitration and Mediation Center of Santiago.
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 thereof, appoint the arbitrator ex aequo et bono
from among the members of the arbitration corps of the Santiago
Arbitration and Mediation Center.(1)
There shall be no remedy against the arbitrator's resolutions,
which is hereby expressly waived. The arbitrator is especially
empowered to resolve any matter relating to his/her competence
and/or jurisdiction.(2)
--------------------
(1) The parties may also appoint the arbitrator ex aequo et bono
directly, instead of delegating the appointment to the Santiago
Chamber of Commerce. However, in this case, the
arbitrator(s) appointed must necessarily be members on the Center's
list.
(2) Should the parties wish to reserve the right to appeal to a
second-instance arbitral tribunal, the final paragraph must be
replaced by the following: "The remedy of appeal shall be available
against the arbitrator's resolutions before a second-instance
arbitral tribunal that will be comprised of three members appointed
by the Santiago Chamber of Commerce from among those who form a
part of the arbitration corps of the Santiago Arbitration and
Mediation Center, at the written request of any of the parties. The
parties confer an irrevocable special power of attorney upon the
Santiago Chamber of Commerce for these purposes. The first-instance
tribunal and second-instance tribunal are especially empowered to
resolve any dispute relating to their competence and/or
jurisdiction."
--------------------
2- FORM ARBITRATION CLAUSE FOR AN ARBITRATOR-AT-LAW
Any difficulty or controversy arising among the parties with
respect to the application, interpretation, duration, validity or
execution hereof or for any other reason shall be submitted to
Arbitration pursuant to the current Rules of Arbitration Procedure
of the Arbitration and Mediation Center of Santiago.
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 thereof, appoint the arbitrator-at-law, among the
attorneys who are members of the arbitration corps of the Santiago
Arbitration and Mediation Center.(1)
The remedies applicable pursuant to general rules shall be
available against the arbitrator's resolutions and shall be heard
by a second-instance arbitral tribunal, which will be comprised of
three attorneys appointed by the Santiago Chamber of Commerce from
among the members of the arbitration corps of the Santiago
Arbitration and Mediation Center, at the written request of any of
the parties. An irrevocable special power of
attorney is also conferred upon the Santiago Chamber of Commerce
for this purpose. (2)
The first-instance tribunal and second-instance tribunal are
especially empowered to resolve any dispute relating to their
competence and/or jurisdiction.
--------------------
(1)The parties may also appoint the arbitrator-at-law directly,
instead of delegating the appointment thereof to the Santiago
Chamber of Commerce. However, in this case, the
arbitrator(s) appointed must necessarily be members on the Center's
list.
(2) If the parties do not wish to appeal to the second-instance
arbitral tribunal, the fourth paragraph must be eliminated and the
final paragraph must be replaced by the following: "The arbitral
tribunal is especially empowered to resolve any dispute relating to
his/her competence and/or jurisdiction."
1- FORM MEDIATION AND ARBITRATION CLAUSE FOR AN ARBITRATOR EX
AEQUO ET BONO
Any difficulty or controversy arising among the parties with
respect to the application, interpretation, duration, validity or
execution hereof 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
current Rules of Arbitration Procedure of the same Center.
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 thereof, appoint the arbitrator ex aequo et bono
from among the members of the arbitration corps of the Santiago
Arbitration and Mediation Center.(1)
There shall be no remedy against the arbitrator's resolutions,
which is hereby expressly waived. The arbitrator is especially
empowered to resolve any matter relating to his/her competence
and/or jurisdiction.(2)
--------------------
(1) The parties may also appoint the arbitrator ex aequo et bono
directly, instead of delegating the appointment to the Santiago
Chamber of Commerce. However, in this case, the arbitrator(s)
appointed must necessarily be members on the Center's list.
(2) Should the parties wish to reserve the right to appeal to a
second-instance arbitral tribunal, the final paragraph must be
replaced by the following: "The remedy of appeal shall be available
against the arbitrator's resolutions before a second-instance
arbitral tribunal that will be comprised of three members appointed
by the Santiago Chamber of Commerce from among those who form a
part of the arbitration corps of the Santiago Arbitration and
Mediation Center, at the written request of any of the parties. The
parties confer an irrevocable special power of attorney upon the
Santiago Chamber of Commerce for these purposes. The first-instance
tribunal and second-instance tribunal are especially empowered to
resolve any dispute relating to their competence and/or
jurisdiction."
--------------------
2- FORM MEDIATION AND ARBITRATION CLAUSE FOR AN
ARBITRATOR-AT-LAW
Any difficulty or controversy arising among the parties with
respect to application, interpretation, duration, validity or
execution hereof or for any other reason shall be submitted to
Mediation pursuant to the current Rules of Mediation Procedure of
the Arbitration and Mediation Center of Santiago.
In the event the Mediation is not successful, the difficulty or
controversy shall be resolved through Arbitration pursuant to the
current Rules of Arbitration Procedure of the same Center.
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 thereof, appoint the arbitrator-at-law, among the
attorneys who are members of the arbitration corps of the Santiago
Arbitration and Mediation Center.(1)
The remedies applicable pursuant to general rules shall be
available against the arbitrator's resolutions and shall be heard
by a second-instance arbitral tribunal, which will be comprised of
three attorneys appointed by the Santiago Chamber of Commerce from
among the members of the arbitration corps of the Santiago
Arbitration and Mediation Center, at the written request of any of
the parties. An irrevocable special power of attorney is also
conferred upon the Santiago Chamber of Commerce for this
purpose.(2)
The first-instance tribunal and second-instance tribunal are
especially empowered to resolve any dispute relating to their
competence and/or jurisdiction.
--------------------
(1) The parties may also appoint the arbitrator-at-law directly,
instead of delegating the appointment thereof to the Santiago
Chamber of Commerce. However, in this case, the arbitrator(s)
appointed must necessarily be members on the Center's list.
(2) If the parties do not wish to appeal to the second-instance
arbitral tribunal, the fourth paragraph must be eliminated and the
final paragraph must be replaced by the following: "The arbitral
tribunal is especially empowered to resolve any dispute relating to
his/her competence and/or jurisdiction."