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Two distinct paths: prepare a clause for your contracts, or appoint an arbitrator for a dispute that has already arisen.

Generate a clause Insert an arbitration clause into a contract, for the future. No dispute has arisen yet. Choose your area; each page provides the ready-to-insert clause. Appoint an arbitrator Open a case against a party. The dispute has already arisen and you want it decided by an award with the force of a judgment.

or generate a general clause, all areas.

Model

Concorda model arbitration clause

The general clause below can be inserted as is into a contract governed by Swiss law. The generator adapts it to your field and to the chosen seat.

Translation for information; for a Swiss-law contract the French version is recommended.

1. Any dispute arising out of or in connection with this contract, including any question relating to its existence, validity, interpretation, performance, amendment or termination, shall be finally settled by arbitration through the CONCORDA platform (www.concorda.ch), to the exclusion of the state courts, in accordance with the CONCORDA Arbitration Rules in force at the time proceedings are commenced, which are deemed to form an integral part of this clause. 2. The arbitral tribunal is composed of a sole arbitrator appointed by CONCORDA in accordance with its Rules. The arbitrator is and shall remain independent and impartial towards the parties. 3. The seat of the arbitration is at Monthey. The proceedings are conducted in French and take place electronically on the CONCORDA platform. 4. The arbitration is a domestic arbitration within the meaning of Part Three of the Civil Procedure Code (art. 353 et seq. CPC), to which the parties submit. The application of the Federal Act on Private International Law (PILA), in particular Chapter 12 thereof on international arbitration, is expressly excluded. 5. Swiss law is applicable to the merits of the dispute. 6. The proceedings and the award are confidential. The parties, the arbitrator and CONCORDA undertake not to disclose information relating to the arbitration, subject to legal obligations and the requirements of enforcement. 7. The parties undertake to comply with the award without delay. The award constitutes an enforceable title in the same way as a court decision (art. 387 CPC). 8. 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. 9. This clause is concluded in written form within the meaning of art. 358 CPC; acceptance by electronic means satisfies this requirement.

Adapt this clause to my contract

When to use it

When concluding the contract, for future disputes. If the dispute has already arisen, the parties sign a submission agreement instead.

What to choose

The seat of the arbitration (Monthey by default, or a cantonal capital) and, if your contract falls within a specific field (commercial lease, construction, condominium ownership, inheritance, etc.), the suitable clause variant.

What limits

Only arbitrable claims may be submitted to arbitration (art. 354 CPC) and the clause must be agreed in writing (art. 358 CPC). Concorda does not accept disputes over residential leases, consumer contracts or family law.