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MEDIATION

A. Simple Mediation
“1. The parties shall obligatorily submit all disputes, arising out of or in connection with this contract, to mediation according to the Rules of Mediation of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Commercial Arbitration Center). 
2. The place of mediation shall take place at [city and/or country].
3. The language of the mediation shall be [...].”
Note: Adopting this clause, the parties chose for all disputes to be settled by mediation according to the CAC Rules of Mediation.

 

ARBITRATION

B. Normal Arbitration

1. All disputes arising out of or in connection with this contract, shall be finally settled by arbitration according to the Rules of Arbitration of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Commercial Arbitration Center), by one or more arbitrator(s) appointed in accordance with the Rules.

2. The place of arbitration shall be [city and/or country].

3. The language of the arbitration shall be [...].

Note: Adopting this clause, the parties chose for all disputes to be settled by normal arbitration according to the CAC Rules of Arbitration. 

C. Fast Track Arbitration

1. All disputes arising out of or in connection with this contract, shall be definitely settled by arbitration according to the Rules of Fast Track Arbitration of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Commercial Arbitration Center), by an arbitrator appointed in accordance with the Rules.

2. The place of arbitration shall be [city and/or country].

3. The language of the arbitration shall be [...].

Note: Adopting this clause, the parties chose for all disputes to be settled by fast arbitration according to the CAC Rules of Fast Track Arbitration. 

D. Fast Track Arbitration for disputes of value inferior to [...€] and normal arbitration for higher value disputes (not changed by counterclaim)

1. All disputes arising out of or in connection with this contract, and of same or inferior value to [...€] shall be definitely settled by arbitration according to the Rules of Fast Track Arbitration of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Commercial Arbitration Center), by one arbitrator appointed in accordance with the Rules.

2. The previous rule shall apply even if the defendant presents a counterclaim that surpasses the referred value.

3. All disputes arising out of or in connection with this contract, and of superior value to [...€] shall be definitely settled by arbitration according to the Rules of  Arbitration of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Commercial Arbitration Center), by one or more arbitrator(s) appointed in accordance with the Rules.

4. The place of arbitration shall be [city and/or country].

5. The language of the arbitration shall be [...].

Note: Adopting this clause, the parties chose for all disputes inferior of a established a value, fast track arbitration and for the higher amounts normal arbitration according to the Rules of Arbitration. In the case there is a counterclaim and the value surpasses the amount established by the parties the rule does not change and the process continues to follow the Rules of Fast Track Arbitration.

 

MEDIATION AND ARBITRATION

E. Mediation followed by normal arbitration

“1. The parties shall obligatorily submit all disputes, arising out of or in connection with this contract, to mediation according to the Rules of Mediation of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Commercial Arbitration Center).  2. If the dispute is not settled through mediation, it shall be definitely settled by arbitration according to the Rules of Arbitration of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Commercial Arbitration Center), by one or more arbitrator(s) appointed in accordance with the Rules.

2. The place of mediation and arbitration shall be [city and/or country].

3. The language of the mediation and arbitration shall be [...].

4. During mediation, any of the parties can start an Emergency Arbitrator proceedings.

Note: Adopting this clause, the parties chose for all disputes mediation and, in the case they cannot reach an agreement, the dispute shall be settled by normal arbitration according to the CAC Arbitration Rules. 

F. Mediation followed by fast track arbitration

1. The parties shall obligatorily submit all disputes, arising out of or in connection with this contract, to mediation according to the Rules of Mediation of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Commercial Arbitration Center).

2. Any dispute that has not been settled through mediation shall be definitely settled by arbitration according to the Rules of Fast Track Arbitration of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Commercial Arbitration Center), by an arbitrator appointed in accordance with the Rules.

3. The place of mediation and arbitration shall be [city and/or country].

4. The language of the mediation and arbitration shall be [...].

5. During mediation, any of the parties can start an Emergency Arbitrator proceedings.

Note: Adopting this clause, the parties chose for all disputes to be settled by mediation and, in the case they cannot reach an agreement, the dispute shall be settled by fast track arbitration according to the CAC Fast Track Arbitration Rules.

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