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Model clause for contracts, articles of association and testaments

MODEL ARBITRATION CLAUSE IN CONTRACT

The parties hereto shall submit any conflict or potentially litigious issue arising from this contract or any other legal action, including any based thereon, or as to the validity thereof, to the institutional arbitration of the Tribunal Arbitral de Barcelona (TAB) / Barcelona Arbitration Court, of the Associació Catalana per a l’Arbitratge (ACA) / Catalan Arbitration Association - by whatever name it may be known in the future – which shall be responsible for appointing the arbitrator or arbitrators and administering the arbitration proceedings n accordance with its Regulations in force at the start of the arbitration proceedings”.

MODEL ARBITRATION CLAUSE IN ARTICLES OF ASSOCIATION

All corporate issues and conflicts or matters arising from same or connected therewith in dispute between the company and its directors or members, or between directors and members, or between some or all of the directors or members themselves, are subject to institutional arbitration by the Tribunal Arbitral de Barcelona (TAB) / Barcelona Arbitration Court, of the Associació Catalana per a l’Arbitratge (ACA) / Catalan Arbitration Association, which is entrusted with the appointment of arbitrators and administration of the arbitration proceedings in accordance with its Regulations. Matters which cannot be so submitted shall be excluded from the provisions of this clause”.

MODEL OF TESTAMENTARY CLAUSE

All disputes between potential legatees and beneficiaries of the testator [OPTIONAL: or between same and the executors or administrators of the estate] as to the administration or distribution of the estate, excluding options legally unavailable for the testator and to the strict extent of such ecusion or limitation. shall be subject to institutional arbitration by the Tribunal Arbitral de Barcelona (TAB) / Barcelona Arbitration Court, of the Associació Catalana per a l’Arbitratge (ACA) / Catalan Arbitration Association, which is entrusted with the appointment of the arbitrator or arbitrators and the administration of the arbitration proceedings.
The arbitration shall cover all disputes related to the interpretation, inclusion, application and / or performance of terms of this will, including those relating to the inventory and valuation of assets, rights and obligations that form part - or should, in the opinion of at least one party, form part – of the estate left by the deceased
”.