Model Clause: Santiago Arbitration and Mediation Center

1- FORM ARBITRATION CLAUSE FOR AN ARBITRATOR EX AEQUO ET BONO

Any difficulty or controversy arising among the parties with respect to the application, interpretation, duration, validity or execution hereof or for any other reason shall be submitted to Arbitration pursuant to the current Rules of Arbitration Procedure of the Arbitration and Mediation Center of Santiago.

The parties confer an irrevocable special power of attorney upon the Santiago Chamber of Commerce so that it may, at the written request of any thereof, appoint the arbitrator ex aequo et bono from among the members of the arbitration corps of the Santiago Arbitration and Mediation Center.(1)

There shall be no remedy against the arbitrator's resolutions, which is hereby expressly waived. The arbitrator is especially empowered to resolve any matter relating to his/her competence and/or jurisdiction.(2)

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(1) The parties may also appoint the arbitrator ex aequo et bono directly, instead of delegating the appointment to the Santiago Chamber of Commerce. However, in this case, the arbitrator(s) appointed must necessarily be members on the Center’s list.

(2) Should the parties wish to reserve the right to appeal to a second-instance arbitral tribunal, the final paragraph must be replaced by the following: “The remedy of appeal shall be available against the arbitrator’s resolutions before a second-instance arbitral tribunal that will be comprised of three members appointed by the Santiago Chamber of Commerce from among those who form a part of the arbitration corps of the Santiago Arbitration and Mediation Center, at the written request of any of the parties. The parties confer an irrevocable special power of attorney upon the Santiago Chamber of Commerce for these purposes. The first-instance tribunal and second-instance tribunal are especially empowered to resolve any dispute relating to their competence and/or jurisdiction.”

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2- FORM ARBITRATION CLAUSE FOR AN ARBITRATOR-AT-LAW

The parties confer an irrevocable special power of attorney upon the Santiago Chamber of Commerce so that it may, at the written request of any thereof, appoint the arbitrator-at-law, among the attorneys who are members of the arbitration corps of the Santiago Arbitration and Mediation Center.(1)

The remedies applicable pursuant to general rules shall be available against the arbitrator’s resolutions and shall be heard by a second-instance arbitral tribunal, which will be comprised of three attorneys appointed by the Santiago Chamber of Commerce from among the members of the arbitration corps of the Santiago Arbitration and Mediation Center, at the written request of any of the parties. An irrevocable special power of attorney is also conferred upon the Santiago Chamber of Commerce for this purpose. (2)

The first-instance tribunal and second-instance tribunal are especially empowered to resolve any dispute relating to their competence and/or jurisdiction.

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(1)The parties may also appoint the arbitrator-at-law directly, instead of delegating the appointment thereof to the Santiago Chamber of Commerce. However, in this case, the arbitrator(s) appointed must necessarily be members on the Center’s list.

(2) If the parties do not wish to appeal to the second-instance arbitral tribunal, the fourth paragraph must be eliminated and the final paragraph must be replaced by the following: “The arbitral tribunal is especially empowered to resolve any dispute relating to his/her competence and/or jurisdiction.”

1- FORM MEDIATION AND ARBITRATION CLAUSE FOR AN ARBITRATOR EX AEQUO ET BONO

Any difficulty or controversy arising among the parties with respect to the application, interpretation, duration, validity or execution hereof or for any other reason shall be submitted to Mediation, pursuant to the current Rules of Mediation Procedure of the Santiago Arbitration and Mediation Center.

In the event the Mediation is not successful, the difficulty or controversy shall be resolved through Arbitration pursuant to the current Rules of Arbitration Procedure of the same Center.

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(2) Should the parties wish to reserve the right to appeal to a second-instance arbitral tribunal, the final paragraph must be replaced by the following: "The remedy of appeal shall be available against the arbitrator's resolutions before a second-instance arbitral tribunal that will be comprised of three members appointed by the Santiago Chamber of Commerce from among those who form a part of the arbitration corps of the Santiago Arbitration and Mediation Center, at the written request of any of the parties. The parties confer an irrevocable special power of attorney upon the Santiago Chamber of Commerce for these purposes. The first-instance tribunal and second-instance tribunal are especially empowered to resolve any dispute relating to their competence and/or jurisdiction."

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2- FORM MEDIATION AND ARBITRATION CLAUSE FOR AN ARBITRATOR-AT-LAW

Any difficulty or controversy arising among the parties with respect to application, interpretation, duration, validity or execution hereof or for any other reason shall be submitted to Mediation pursuant to the current Rules of Mediation Procedure of the Arbitration and Mediation Center of Santiago.

In the event the Mediation is not successful, the difficulty or controversy shall be resolved through Arbitration pursuant to the current Rules of Arbitration Procedure of the same Center.

The remedies applicable pursuant to general rules shall be available against the arbitrator's resolutions and shall be heard by a second-instance arbitral tribunal, which will be comprised of three attorneys appointed by the Santiago Chamber of Commerce from among the members of the arbitration corps of the Santiago Arbitration and Mediation Center, at the written request of any of the parties. An irrevocable special power of attorney is also conferred upon the Santiago Chamber of Commerce for this purpose.(2)

The first-instance tribunal and second-instance tribunal are especially empowered to resolve any dispute relating to their competence and/or jurisdiction.

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(1) The parties may also appoint the arbitrator-at-law directly, instead of delegating the appointment thereof to the Santiago Chamber of Commerce. However, in this case, the arbitrator(s) appointed must necessarily be members on the Center's list.

(2) If the parties do not wish to appeal to the second-instance arbitral tribunal, the fourth paragraph must be eliminated and the final paragraph must be replaced by the following: "The arbitral tribunal is especially empowered to resolve any dispute relating to his/her competence and/or jurisdiction."