Arbitration clauses

Query arbitration clauses for national, international and MSME Arbitration

The Center of Arbitration and Conciliation does not require any specific wording or model for the arbitration clause. The following texts are suggestions for the wording of these clauses, for each type of arbitration. 

National arbitration model clause

Any and all disputes or controversies related to this agreement shall be resolved by an Arbitration Tribunal managed by the CCB's Center of Arbitration and Conciliation, which shall be governed by its regulations and procedures, in accordance with the following rules: 

  1. The Tribunal shall be comprised by: (State the odd number of arbitrators 1 or 3) to be jointly appointed by the parties. If this appointment does not take place, the arbitrators must be assigned by the Center of Arbitration and Conciliation, upon request from either party.
  2. The Tribunal's decision will be: (state whether in accordance with the rule of law or in equity).
  3. The Tribunal will be held at the CCB's Center of Arbitration and Conciliation facilities.

 

Suggested text

MSME Arbitration model clause

Any and all disputes related to this agreement, which are smaller than 400 Minimum Legal Monthly Wages, shall be resolved by an arbitration tribunal to be held at the CCB's Center of Arbitration and Conciliation, and which shall adhere to the dispositions set forth in the MSME Arbitration and Social Arbitration Procedural Regulations defined by said institution.  

Paragraph: The arbitration tribunal shall not be competent over the executive actions that may arise resulting from the agreement, which shall be processed through ordinary jurisdiction, following the corresponding executive process.

 

Suggested text

International Arbitration model clause

Please bear in mind that any time you wish for your case to be handled by us, your arbitration agreement must include at least the heading and the text in literal a

Any and all disputes and controversies arising from this agreement shall be resolved by an arbitration tribunal to be held at the CCB's Center of Arbitration and Conciliation, in accordance with the following rules:

a. The tribunal will abide by the International Commercial Arbitration Regulations governing the CCB's Center of Arbitration and Conciliation. 
b. The tribunal will be comprised by (list either one or three) arbitrator(s) appointed by the parties. If this appointment cannot be held, the arbitrators shall be appointed by the Center of Arbitration and Conciliation, upon request received from either partie.  
c. The tribunal shall decide in accordance with the rule of law. 
d. The language of arbitration shall be (choose language). The site of arbitration shall be (choose site). 
e. The governing law or jurisdiction shall be (indicate applicable law). 

 

Suggested text

Model clause for national arbitration with a State party

Any disputes or differences resulting from the execution of this agreement shall be resolved by an arbitration tribunal based at the Bogotá Chamber of Commerce's Arbitration and Conciliation Center, in compliance with the following rules: 

  1. Arbitrators shall be appointed by mutual agreement between the parties. Should this joint appointment not be possible, the arbitrators shall be appointed by the Bogotá Chamber of Commerce's Arbitration and Conciliation Center, upon request received from either of the parties.
  2. The applicable proceeding shall be as set forth under Law 1563 of 2012.
  3. The tribunal shall decide in accordance with the rule of law. 

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