Mediation Clauses

1. Mediation clause for contracts

Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be submitted to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers' Arbitration Institution in force on the date when the request for mediation was submitted in accordance with these Rules.

The seat of the mediation shall be… [name of city in Switzerland, unless the parties agree on a city in another country], although the meetings may be held in… [specify place].

The mediation proceedings shall be conducted in … [specify desired language].

 

2. Suggested agreement to mediate when the parties are already involved in a dispute or problem

The undersigned parties hereby agree to submit to mediation in accordance with the Swiss Rules for Commercial Mediation of the Swiss Chambers' Arbitration Institution the following dispute:

[brief description of the dispute]

The seat of the mediation shall be… [name of city in Switzerland, unless the parties agree on a city in another country], although the meetings may be held in… [specify place].

The mediation proceedings shall be conducted in … [insert desired language].

 

3. Mediation, followed by arbitration

3.1 Mediation & Arbitration clause for contracts

Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be submitted to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers' Arbitration Institution in force on the date when the request for mediation was submitted in accordance with these Rules.

The seat of the mediation shall be … [name of city in Switzerland, unless the parties agree on a city abroad], although the meetings may be held in… [specify place].

The mediation proceedings shall be conducted in… [specify desired language].
If such dispute, controversy or claim has not been fully resolved by mediation within 60 days from the date when the mediator(s) has (have) been confirmed or appointed, it shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date when the Notice of Arbitration was submitted in accordance with those Rules.
The number of arbitrators shall be ... ["one", "three", "one or three"];
The seat of the arbitration shall be in ... [name of city in Switzerland, unless the parties agree on a city in another country];
The arbitral proceedings shall be conducted in ...[specify desired language].
The arbitration shall be conducted in accordance with the provisions for Expedited Procedure [if so wished by the parties].

3.2 Suggested agreements to mediate when the parties are already involved in a dispute or problem

The undersigned parties hereby agree to submit to mediation in accordance with the Swiss Rules for Commercial Mediation of the Swiss Chambers' Arbitration Institution the following dispute:

[brief description of the dispute]

The seat of the mediation shall be… [name of city in Switzerland, unless the parties agree on a city in another country], although the meetings may be held in… [specify place].

The mediation proceedings shall be conducted in [specify desired language].
If such dispute, controversy or claim has not been fully resolved by mediation within 60 days from the date when the mediator(s) has (have) been confirmed or appointed, it shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date when the Notice of Arbitration was submitted in accordance with those Rules.
The number of arbitrators shall be ... [“one”, “three”, “one or three”]);
The seat of the arbitration shall be in ... [name of city in Switzerland, unless the parties agree on a city in another country];
The arbitral proceedings shall be conducted in ... [specify desired language].
The arbitration shall be conducted in accordance with the provisions for Expedited Procedure [if so wished by the parties].