CLAUSE MEDIATION

SECTION X. All disputes arising of this contract/ bylaws / shareholders’ agreement or related hereto will initially be resolved by a mediation proceeding to be conducted by CAMES – Specialized Mediation and Arbitration Chamber (Câmara de Mediação e Arbitragem Especializada – CAMES), which will operate under the Mediation Regulations.

Paragraph 1. Mediation costs and fees will be equally borne by the parties.

Paragraph 2. The non-attendance of one of the parties to the first mediation meeting will lead to a penalty of 5% of the disputed amount in favor of the attending party.

MEDIATION AND ARBITRATION

SECTION X. All disputes or controversies arising from this agreement/ bylaws/ shareholders’ agreement or related hereto will be resolved by mediation and arbitration, which will be conducted by CAMES (Câmara de Mediação e Arbitragem Especializada – Specialized Mediation and Arbitration Chamber).

Paragraph 1. The mediation proceeding will be conducted by CAMES, which will act under the Mediation Regulations.

Paragraph 2. In the event parties or mediator conclude that a settlement is not possible, the dispute will be definitively resolved by arbitration, to be conducted by CAMES (Câmara de Mediação e Arbitragem Especializada – Specialized Mediation and Arbitration Chamber), which will act under the Arbitration Regulations.

Paragraph 3. Costs and fees arising from the mediation and arbitration proceedings will be equally borne by the parties, except for evidence whose production is in the exclusive interest of one of the parties.

Paragraph 4. The non-prevailing party will reimburse the prevailing party for the costs and fees incurred in the course of the arbitration process, as defined in the arbitral award.

Paragraph 5. In the event one of the parties does not attend the first mediation session, a penalty of 5% (five per cent) of the amount of the controversy will be applied to the favor of the party who attended the session.

OPTIONAL / RECOMMENDED PROVISIONS

Paragraph 6. Parties adhere to the Emergency Arbitration Procedure set forth in CAMES Arbitration Regulations for urgent measures that may be necessary prior to the establishment of the Arbitration Tribunal.

Paragraph 7. The arbitral proceeding will be conducted by ______ (Sole Arbitrator or Arbitral Tribunal, constituted by three Arbitrators), appointed under CAMES Arbitration Regulations.

Paragraph 8. Losing fees will be stipulated by the Arbitrator/ Arbitration Tribunal at the minimum rate of x% and maximum rate of y% of the disputed amount.

Paragraph 9. The arbitral proceeding will be conducted in the city of _________, at the headquarters of CAMES (Câmara de Mediação e Arbitragem Especializada – Specialized Mediation and Arbitration Chamber) of the state of (UF), where the arbitral award will also be issued.

See other clause models:

1. ARBITRATION CLAUSE FOR CONTRACTS BY ADHESION

* In contracts involving consumer relations, the arbitration clause binds only the supplier (Section 51, VII – Consumer Code).

2. ARBITRATION CLAUSE FOR INDIVIDUAL EMPLOYMENT AGREEMENTS

* Can only be inserted when the employee is paid twice the cap of the Social Security benefits. (Section 507-A CLT)

3. ARBITRATION CLAUSE FOR AGRIBUSINESS TITLES

Would you like a clause specifically designed for your contract? Contact CAMES!