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Accessing an ICA arbitration procedure is very straightforward. There are various possible routes:

1) Inclusion of an ICA arbitration clause in corporate and trade agreements or other forms of contract;

2) Entering into an ad hoc arbitration contract or compromise;

3) Entering into an agreement for non-contractual issues;

4) Asking the other party/parties to accept the application of the ICA Arbitration Rules
On this page, you can download the model clauses or agreements, depending on which type of arbitration procedure you choose

Arbitration clause

“All disputes, including those of a non-contractual nature deriving from this document and any disputes pertaining to its validity, execution, interpretation and termination or otherwise connected to and/or dependent on this document shall be resolved by arbitration in accordance with the Rules of the International Chamber of Arbitration, which are available at www.ica.center, and which the Parties hereby acknowledge and accept in full, to be conducted by a sole arbitrator/three arbitrators appointed in accordance with said Rules”

Company arbitration procedures

“All disputes pertaining to relations with the company, including those relating to the validity of Meeting resolutions passed by or against the shareholders, by or against the company, by or against the directors, by or against the statutory auditors or by or against the liquidators shall be resolved by arbitration in accordance with the Rules of the International Chamber of Commerce, which are available on the website www.ica.center, which the parties hereby acknowledge and accept in full. The Arbitration Tribunal shall consist of a sole arbitrator/three arbitrators, appointed by the Chamber of Arbitration. The arbitration shall be conducted according to the formal procedure and the arbitrator shall rule in accordance with the law”

Multistep clause – Mediation and Arbitration *

“All and any disputes, including those of a non-contractual nature that may arise or be connected directly or indirectly to the interpretation, validity, effect, execution or termination of this agreement shall be referred to a preliminary attempt at conciliation pursuant to Legislative Decree no. 28 of 4 March 2010 and Ministerial Decree no. 180 of 18 October 2010 as amended. For this purpose the Parties hereby agree to appoint, as the party responsible for conducting the mediation procedure, the body “Primavera Forense” which is listed at no. 322 on the Ministry of Justice Register of conciliation bodies as referred to in legislative decree no. 28/2010 as amended.

The Parties agree to attempt conciliation as determined therein, before starting any court or arbitration procedure.

The seat of the arbitration procedure will be Rome.

If the conciliation body “Primavera Forense” is suspended or removed from the Ministerial Register, the conciliation attempt will be conducted by a mediation body chosen by agreement between the Parties or, if they cannot reach an agreement, by the President of the court with jurisdiction to hear the dispute.

The decision by one of the parties to this agreement to opt for a mediation body other than “Primavera Forense”, or other than the party identified where said body has been suspended or removed from the Ministerial Register, constitutes, for the other party, good cause for not participating in the conciliation attempt.

If the conciliation attempt is unsuccessful or if the dispute is not resolved within a period of ninety (90) days from the date on which the request for mediation is filed, the matter will be resolved through* an arbitration procedure – in accordance with the Rules of the International Chamber of Arbitration, available at www.ica.center, which the Parties hereby confirm knowledge of, and accept in full.

The Arbitration Tribunal shall consist of a sole arbitrator (or a panel of three arbitrators) appointed in accordance with the Arbitration Rules referred to above.

The arbitral decision will be taken in accordance with the law (or equity).

The seat of the arbitration procedure will be………….

The arbitration procedure will be conducted in………

The decision of the arbitrator(s) will be binding on the parties”

*(Or …“by arbitration, specifically in the form of the Expedited Procedure in accordance with the Rules of the International Chamber of Arbitration, available on the website www.ica.center, which is now referred to in full with all its Annexes, Appendices and any other related or connected documents, which the Parties confirm they have knowledge of and accept in full, by a sole arbitrator appointed in accordance with said Rules”)

Clauses for international arbitration procedures

“All disputes, including those of a non-contractual nature deriving from, relating to or connected to this document shall be resolved by arbitration in accordance with the Rules of the International Chamber of Arbitration, which are available on the website www.ica.center and which the Parties hereby acknowledge and accept in full, by a sole arbitrator/three arbitrators appointed in accordance with said Rules; the procedure will be administered by the International Chamber of Arbitration. The Arbitration Tribunal will make its decision in law / in equity. The seat of the arbitration procedure will be ……….. The language of the arbitration will be …………..”

Clauses for contractual arbitration procedures

“All disputes, deriving from, relating to or connected to this agreement shall be resolved by arbitration in accordance with the Rules of the International Chamber of Arbitration, which are available at www.ica.center and which the Parties hereby acknowledge and accept in full, by a sole arbitrator/three arbitrators appointed in accordance with said Rules. Notwithstanding article 824a of the Italian code of civil procedure, the parties agree that the dispute shall be resolved by the arbitrators in the form of a contractual decision”

Arbitral Compromise

“The undersigned parties ………. and ………, recognising that a dispute has arisen between them in relation to………………….., agree that said dispute shall be resolved through arbitration in accordance with the Rules of the International Chamber of Arbitration, available at www.ica.center, which the Parties hereby confirm knowledge of, and accept in full. The Arbitration Tribunal shall consist of a sole arbitrator/three arbitrators, appointed in accordance with said Rules.

Date and signatures”

Clauses for arbitration procedures according to the UNCITRAL rules

A – Model clause for UNCITRAL arbitration, to designate the ICA as the appointing authority, and to use its services:

“Any disputes, disagreements or claims deriving from or relating to this Agreement or to its breach, conclusion or invalidity, shall be resolved by arbitration on the basis of the UNCITRAL Arbitration Rules. The International Chamber of Arbitration will be the Appointing Authority and will provide its services on the basis of the Procedure for cases according to the Rules of UNCITRAL Arbitration, available at www.ica.center, which the Parties hereby confirm knowledge of, and accept in full”

B – Model clause for UNCITRAL arbitration, to designate the ICA as the appointing authority:

“Any disputes, disagreements or claims deriving from or relating to this Agreement or to its breach, conclusion or invalidity, shall be resolved by arbitration on the basis of the UNCITRAL Arbitration Rules.

The International Chamber of Arbitration will be the Appointing Authority”

C – Model clause for UNCITRAL arbitration, to use the services of the ICA:

“Any disputes, disagreements or claims deriving from or relating to this Agreement or to its breach, conclusion or invalidity, shall be resolved by arbitration on the basis of the UNCITRAL Arbitration Rules.

The Appointing Authority will be…

The International Chamber of Arbitration will provide its services on the basis of the Procedure, for cases according to the UNCITRAL Arbitration Rules, available at www.ica.center, which the Parties hereby confirm knowledge of, and accept in full”

EXPEDITED PROCEDURE

 Arbitration clause

“All disputes, including those of a non-contractual nature deriving from this document and any disputes pertaining to its validity, execution, interpretation and termination or otherwise connected to and/or dependent on this document shall be resolved by arbitration, specifically in the form of an Expedited Procedure, in accordance with the Rules of the International Chamber of Arbitration, which are available at www.ica.center and which are hereby referred to together with all their Appendices and Annexes and any other related or connected document, which the Parties hereby acknowledge and accept in full, to be conducted by a sole arbitrator appointed in accordance with said Rules”

EXPEDITED PROCEDURE

Arbitral compromise

“The undersigned parties ………. and ………, recognising that a dispute has arisen between them in relation to………………….., agree that said dispute shall be resolved through arbitration, in particular in the form of an Expedited Procedure, in accordance with the Rules of the International Chamber of Arbitration, available at www.ica.center, which is now referred to together with all its Appendices and Annexes and any other connected or related document, which the Parties hereby confirm knowledge of, and accept in full. The Arbitration Tribunal shall consist of a sole arbitrator, appointed in accordance with said Rules.

Date and signatures”

REQUEST FOR ARBITRATION

Details of applicant:

• name/trade name, address/head office, represented by (position and name).
• represented and defended by (name of lawyers), in accordance with the appointment of counsel at the foot of/annexed to this request, at whose offices at (address) it elects domicile for the purposes of this procedure.

states as follows

General details of the dispute:

• indication of the name/trade name and address/head office of the respondent;
• description of the dispute and claims with an indication of the economic value;
• details of the arbitration agreement (in which case the document containing the arbitration clause must be attached);
• any evidence required in support of the claim and any other document the Party considers useful;
• indications of the rules applicable to the procedure, the rules applicable to the merits of the dispute, clarification as to whether the dispute is procedural or contractual, whether the ruling is to be made according to law or in equity, the place and language of the arbitration procedure.

Now therefore, the applicant

Appointment as Arbitrator in the case of Sole Arbitrator (only included if a Sole Arbitrator is requested)

requests

that the Arbitration Council of the International Chamber of Arbitration appoints, in accordance with Article 13.2 of the Arbitration Rules, by virtue of the arbitration agreement, a Sole Arbitrator who will decide (on a procedural/contractual basis in law/in equity), accepting the following arguments:

or

Appointment as arbitrator in the case of an Arbitration Tribunal (only include if asking the Arbitration Council for the appointment of a third arbitrator)

appoints

pursuant to article 13.4 of the Rules, as arbitrator (position and name) with offices in (town/city, address, telephone number, fax number, email address), requesting the Arbitration Council of the International Chamber of Arbitration to appoint by virtue of the arbitration agreement the third arbitrator to act as Chair of the Arbitration Tribunal.

 alternatively (only include if asking the party-appointed arbitrators to appoint a third arbitrator)

 expressly granting the arbitrator appointed by the party under the arbitration agreement the power to appoint, by agreement with the arbitrator designated by the other party, the third arbitrator to act as chair of the arbitration panel. If the arbitrators thus appointed do not appoint the third arbitrator by the date set by the Secretariat, the Chair will be appointed by the Arbitration Council of the International Chamber of Arbitration.

requests

that the newly-formed arbitration panel decides on a procedural/contractual basis, in law/in equity, accepting the following arguments:

requests

the Secretariat of the International Chamber of Arbitration to send this request for arbitration to the other party.

We now produce the following documents (for example a copy of the document containing the arbitration clause).

Place, dd/mm/yyyy

Signature of the party and/or lawyer (if they have been duly instructed to act).

A party may represent themselves in person without the assistance of a lawyer, or they may choose to appoint a representative. In this case the party must give a suitable authority to the representative.

REPLY TO REQUEST FOR ARBITRATION

Details of Respondent:

• name/trade name, address/head office, represented by (position and name).
• represented and defended by (name of lawyers), in accordance with the appointment of counsel [1] at the foot of/annexed to this reply, at whose offices at (address) it elects domicile for the purposes of this procedure.

States as follows

• Statement of defence arguments;
• Counterclaims, if any, and their value;
• An indication of the evidence required in support of the reply, and any other document the party considers useful;
• indications of the rules applicable to the procedure, the rules applicable to the merits of the dispute, clarification as to whether the dispute is formal or informal or whether the ruling is to be made according to law/in equity, the place and language of the arbitration procedure.

Now therefore, the Respondent

Appointment as arbitrator in the case of Sole Arbitrator (only include if a Sole Arbitrator is requested)

requests

That the Arbitration Council of the International Chamber of Arbitration appoints, in accordance with article 13.2 of the arbitration rules, by virtue of the arbitration agreement, a Sole Arbitrator who will decide (on a formal/informal basis according to law/equity), accepting the following arguments:

or

Appointment as arbitrator in the case of an Arbitration Tribunal (only include if asking the Arbitration Council for the appointment of a third arbitrator)

appoints

pursuant to article 13.4 of the Rules, as arbitrator (position and name) with offices in (town/city, address, telephone number, fax number, email address), requesting the Arbitration Council of the International Chamber of Arbitration to appoint by virtue of the arbitration agreement the third arbitrator to act as Chair of the Arbitration Tribunal.

 alternatively (only include if asking the party-appointed arbitrators to appoint a third arbitrator)

expressly confers, by virtue of the arbitration agreement, the arbitrator appointed by the Party the power to appoint, by agreement with the arbitrator appointed by the other party, the third arbitrator who will act as chair of the arbitration panel. If the arbitrators thus appointed do not appoint the third arbitrator by the date set by the Secretariat, the Chair will be appointed by the arbitration Council of the International Chamber of Arbitration.

requests

that the newly-formed arbitration panel decides on a procedural/contractual basis according to law/in equity, accepting the following arguments:

requests

the Secretariat of the International Chamber of Arbitration to send this reply to request for arbitration to the other party.

Copies of the following documents are now produced:

Place, dd/mm/yyyy

Signature of the party and/or lawyer (if they have been duly instructed to act).

A party may represent themselves in person without the assistance of a lawyer, or they may choose to appoint a representative. In this case the party must give a suitable authority, to the representative.