Mandate and services

Article [X] - Arbitration 1. Any dispute, difference or claim arising out of or in connection with this contract, in particular as to its conclusion, validity, interpretation, performance, non-performance, amendment or termination, shall be finally settled by arbitration through the CONCORDA platform (www.concorda.ch), to the exclusion of the ordinary state courts and of the conciliation procedure. 2. The following are covered in particular: the fees and their statement of account, the reimbursement of expenses, the quality and diligence of the service, the liability of the agent or provider (art. 398 CO), the rendering of accounts (art. 400 CO), as well as termination and, in the event of revocation or repudiation at an inopportune time, compensation for the loss (art. 404 para. 2 CO). 3. The arbitration is conducted in accordance with the CONCORDA Arbitration Rules in force at the time proceedings are commenced, which form an integral part of this clause. The parties expressly exclude the application of Chapter 12 of the Federal Act on Private International Law (PILA), in accordance with article 176 paragraph 2 thereof, and submit the proceedings exclusively to Swiss domestic arbitration (art. 353 et seq. CPC). The arbitral tribunal is composed of a sole arbitrator. The seat of the arbitration is at Monthey. The language of the proceedings is French. The award is final and constitutes an enforceable title (art. 387 CPC), the remedies before the Federal Supreme Court remaining reserved (art. 389 et seq. CPC). 4. The right to revoke or repudiate the mandate at any time (art. 404 para. 1 CO) remains reserved and may not be impeded; only its financial consequences are subject to arbitration. There also remain reserved disputes involving third parties not bound by this clause and acts reserved to the state authorities. 5. The parties agree that, at the request of a party, the arbitral tribunal may provide in its award that the party which fails to comply within the fixed time limit shall pay the other party a penalty per period of delay, the amount of which the arbitral tribunal fixes on an equitable basis according to the circumstances, without it being able to exceed a rate of 10 % of the amount in dispute per year, calculated pro rata temporis. This penalty is due irrespective of any loss (art. 161 CO); art. 163 para. 2 and 3 CO remains reserved.