puce_AFA Arbitration clauses

1°) In order to enable the parties who agree to submit their domestic or international disputes to arbitration to avail themselves of the organization established by the AFA, they should from the start insert the following arbitration clause in their contracts:

Any dispute or disagreement arising out of or in connection with this contract shall be submitted to arbitration in accordance
with the Rules of the Association Française d’Arbitrage(1) which the parties declare to have accepted.

 

2°) The parties may also choose the following clause which combine mediation and arbitration:

Any dispute or disagreement arising out of or in connection with the present contract shall be submitted to mediation
in accordance with the Mediation Rules of the Association Française d’Arbitrage(1).
In the absence of agreement within six months following the appointment of a Mediator, the parties agree on settling the disagreement
in accordance with the Arbitration Rules of the Association Française d’Arbitrage.

 

3°) However, when an arbitration clause cannot validly be agreed, the parties may writes as follows:

In the event of any dispute or disagreement arising between the parties, they will endeavour,
in good faith, to agree to submit this to arbitration
in accordance with the Rules of the Association Française d’Arbitrage(1).

 

4°) In the absence of any contractual provision, parties wishing to submit disputes to arbitration may sign an agreement setting out their intention and referring to the AFA Rules of the Association Française d’Arbitrage.

The Association Française d’Arbitrage may be seized whatever the language of the contract and the procedural and substantive laws applicable to the dispute even though Paris is not fixed as place of arbitration.

 

(1) Headquarters : 8 avenue Bertie Albrecht, 75008 Paris, FRANCE