MED ARB RB is available to assist in the wording of the arbitration or escalation clause, in order to meet the specific demands of the parties. Please contact secretariageral@medarbrb.com.

Please find below some clause templates:

STANDARD MEDIATION CLAUSE:

“Any dispute arising of or related to this agreement, including regarding its interpretation or enforcement, shall be submitted to mediation, administered by MED ARB RB (www.medarbrb.com), under its Regulation, with mediator appointed as mentioned n accordance with the said Rules.”

STANDARD ARBITRATION CLAUSE:

“Any dispute arising of or related to this agreement, including regarding its interpretation or enforcement, shall be definitively settled by arbitration, administered by MED ARB RB, (www.medarbrb.com), under its Regulation, with the establishment of an Arbitral Tribunal consist of [one/three] arbitrator(s), appointed in accordance with the said Rules.”

STANDARD EXPEDITED ARBITRATION CLAUSE:

“Any dispute arising of or related to this agreement, including regarding its interpretation or enforcement, shall be definitively settled by expedited arbitration, administered by MED ARB RB, (www.medarbrb.com), under its Regulation of Expedited Arbitration, with the establishment of an Arbitral Tribunal consist of one arbitrator, appointed in accordance with the said Rules.”

STANDARD ULTRA EXPEDITED ARBITRATION CLAUSE:

“Any dispute arising of or related to this agreement, including regarding its interpretation or enforcement, shall be definitively settled by ultra expedited arbitration, administered by MED ARB RB, (www.medarbrb.com), under its Regulation of ultra expedited arbitration, with the establishment of an Arbitral Tribunal consist of one arbitrator, appointed in accordance with the said Rules.”

DETAILED ARBITRATION CLAUSE:

“1 – Any dispute arising or related to this agreement shall be definitively settled by arbitration.

1.1 – The arbitration shall be administered by MED ARB RB, (www.medarbrb.com), and shall comply with the standards set forth in its Regulation, which provisions are integral part of this agreement.

1.2 – The Arbitral Tribunal shall be comprised by [one/three] arbitrators appointed as set forth in the Regulation of MED ARB RB.

1.3 – The arbitration shall be held in [City, State].

1.4 – The arbitration procedure shall be conducted in [language].

1.5 – The arbitration procedure shall be conducted [online or in-person, ordinary, expedited, or ultra expedited arbitration].

1.6 – [applicable law]”

MED-ARB STANDARD ESCALATION CLAUSE:

“Any dispute arising or related to this agreement, including regarding its interpretation or enforcement, shall be mandatorily submitted to mediation, administered by MED ARB RB, (www.medarbrb.com), under its Mediation Regulation, to be coordinated by a Mediator included in the List of Expert Mediators of MED ARB RB, appointed in accordance with the said Rules.

The dispute not settled by mediation, according with the mediation clause above, shall be definitively settled by arbitration, administered by MED ARB RB, under its Regulation, with the establishment of an Arbitral Tribunal consist of three arbitrators, appointed in accordance with the said Rules.”

MED-ARB DETAILED ESCALATION CLAUSE:

“1 – Any dispute arising or related to this agreement, including regarding its interpretation or enforcement, shall be mandatorily submitted to mediation, administered by MED ARB RB, (www.medarbrb.com), under its Mediation Regulation, to be coordinated by a Mediator included in the List of Expert Mediators of MED ARB RB, appointed in accordance with the said Rules.

1.1 – The dispute not settled by mediation, according with the mediation clause above, shall be definitively settled by arbitration, administered by MED ARB RB, (www.medarbrb.com), according with its Arbitration Regulation.

1.2 – The arbitration shall be managed by administered by MED ARB RB, (www.medarbrb.com), and shall comply with the standards set forth in its Regulation, which provisions are integral part of this agreement.

1.2 – The Arbitral Tribunal shall be comprised by [one/three] arbitrators appointed as set forth in the Regulation of MED ARB RB.

1.3 – The arbitration shall be held in [City, State].

1.4 – The arbitration procedure shall be conducted in [language].

1.5 – The arbitration procedure shall be conducted [online or in-person, ordinary, expedited, or ultra expedited arbitration].

1.6 – [applicable law]”

STANDARD CLAUSE INVOLVING THE PUBLIC ADMINISTRATION:

“1 – Any dispute arising of or related to this agreement shall be definitively settled by arbitration, according with Brazilian Federal Law N. 9.307/96.

1.1 – The arbitration shall be administered by MED ARB RB, (www.medarbrb.com), and shall comply with the standards set forth in its Regulation, including the complementary standards applicable to disputes involving the Public Administration, which provisions are integral part of this agreement.

1.2 – The Arbitral Tribunal shall be comprised by [one/three] arbitrators appointed as set forth in the Regulation of MED ARB RB.

1.3 – The arbitration shall be held in [City, State], Brazil.

1.4 – The arbitration procedure shall be conducted in the Portuguese language.

1.5 – The arbitration procedure shall be conducted [online or in-person].

1.6 – The arbitration procedure shall observe the constitutional principle of publicity, except in relation to information related to the dispute that, eventually, is classified as confidential under the applicable legislation.”

MED-ARB STANDARD ESCALATION CLAUSE. INVOLVING THE PUBLIC ADMINISTRATION:

“1 – Any dispute arising of or related to this agreement, including regarding its interpretation or enforcement, shall be mandatorily submitted to mediation, administered by MED ARB RB, (www.medarbrb.com), according with its Mediation Regulation, to be conducted by a Mediator included in the List of Mediators of Med Arb RB, appointed as set forth in such standards.

1.1 – The dispute not settled by mediation, according with the mediation clause above, shall be definitively settled by arbitration, under Brazilian Federal Law N. 9.307/96, administered by MED ARB RB, under its Regulation.

1.2 – The arbitration shall be administered by MED ARB RB and shall comply with the standards set forth in its Regulation, including the complementary standards applicable to disputes involving the Public Administration, which provisions are integral part of this agreement.

1.3 – The Arbitral Tribunal shall be comprised by [one/three] arbitrators appointed as set forth in the Regulation of MED ARB RB.

1.4 – The arbitration shall be held in [City, State], Brazil.

1.5 – The arbitration procedure shall be conducted in the Portuguese language.

1.6 – The arbitration procedure shall be conducted [online or in-person].

1.7 – The arbitration procedure shall observe the constitutional principle of publicity, except in relation to information related to the dispute that, eventually, are classified as confidential under the applicable legislation.”