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CMCAO's Arbitration Clause

It is recommended that parties wishing to make reference to the Chamber in their contracts use the standard clause below:

  1. All disputes arising out of or in connection with the present contract, in particular, any question relating to its existence, negotiation, validity or termination of this contract, shall be finally settled through arbitration, under the Rules of arbitration of the Chamber of Mediation, Conciliation, and Arbitration of Occitanie (CMCAO) in its [date of Rules] version.
  2. The number of arbitrators shall be [indicate number].
  3. The legal place of arbitration shall be at the Secretariat of the Chamber, at 10 Boulevard d’Arcole – 31000 TOULOUSE
  4. The language to be used in the arbitration proceedings shall be French.
  5. The award shall be rendered at law and the governing law of the contract shall be the substantive law of […].

If parties wish to exclude the application of one of the Chamber’s procedures they must expressly opt out by adding the following wording to the clause above: 

(a) The Expedited Procedure provisions shall not apply; or

(b) The Emergency Arbitration Procedure provisions shall not apply. 

If parties wish for the award to not be published, they must expressly add the following wording to the clause above: 

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of arbitration of the Chamber of Mediation, Conciliation, and Arbitration of Occitanie by one or more arbitrators appointed in accordance with said Rules. No award or procedural order made in the arbitration shall be published. 

Parties shall clearly and precisely draft the arbitration clause to avoid any risk of ambiguity or unclear wording that will cause uncertainty and delay and can hinder or even compromise the dispute resolution process.  

Parties are free to adapt the clause to their particular circumstances. The Chamber’s Rules of arbitration do not limit the parties’ free choice of the place and language of the arbitration or the law governing the contract.