Those who intend to avail of arbitration administered and regulated by the Chamber of Arbitration for Hides, Skins and Leather – Milan must indicate this intention by including an arbitration clause in commercial contracts entered into with a counterparty.
If the parties prefer to include a brief clause and leave a decision on whether arbitration should by carried out by a single arbitrator or a panel of three arbitrators, we suggest the following model arbitration clause (Italian and English language versions):
“Any dispute shall be settled by arbitration under the Rules of the Chamber of Arbitration for Hides, Skins and Leather – Milan”
If the parties prefer to include a more detailed clause, we suggest the following wording (Italian and English language versions) for arbitration before a single arbitrator.
“Any dispute arising out of or related to the present contract shall be settled by arbitration under the Rules of the National and International Chamber of Arbitration for the Trading of Hides, Skins and Leather (Milan), by a sole arbitrator, appointed in accordance with the said Rules”.
The model arbitration clause below (Italian and English language versions) is suitable if the parties intend to opt for arbitration before a panel of three arbitrators.
“Any dispute arising out of or related to the present contract shall be settled by arbitration under the Rules of the National and International Chamber of Arbitration for the Trading of Hides, Skins and Leather (Milan), by three arbitrators, appointed in accordance with the said Rules”.
Whether to choose one or three arbitrators will depend on the specific circumstances and the economic value of the contract.
The parties may integrate the model arbitration clause by indicating the following:
- law applicable to the dispute, if they have not opted for arbitration based on the principle of equity;
- venue of the arbitration proceedings*;
- language of the arbitration proceedings**.
Whether to include these elements should be evaluated taking into consideration circumstances such as the involvement in the arbitration of parties of different nationality or who have their registered offices in different States, or whether, for example, a significant part of the performance arising out of the contractual relationship involved in the dispute is to be carried out abroad.
*The parties may establish the venue of the arbitration either in Italy or abroad. If the venue is not specified, then the venue shall be Milan.
The Appointments Commission may establish the venue of the arbitration in another place, taking the parties’ requests and any other circumstance into consideration.
The Arbitration Tribunal may establish that hearings or other acts of the proceedings are carried out in places other than the designated venue.
The Arbitration Tribunal may establish that a hearing be held by video link, provided that proper and immediate understanding of the facts carried out by video link is guaranteed to all those involved in the proceedings, along with the possibility to timely intervene in accordance with the timing of the proceedings.
**In the absence of agreement between the parties, the language of the arbitration shall be decided by the Arbitration Tribunal.