Model Clauses

Arbitration Clause
 
All disputes arising out of or relating to this contract, including such relating to its breach, termination or invalidity, and any legal consequence thereof, shall be finally settled by arbitration in accordance with the Rules of Arbitration of thePermanent Arbitration Courtat the Croatian Chamber of Economy as in force (the Zagreb Rules). Appropriate supplementary provisions: (a) The number of arbitrators shall be ... (one or three). (b) The substantive law of ... shall be applicable. (c) The language(s) to be used in the arbitral proceedings shall be ... (d) The place of arbitration shall be ... (city or state). (e) The appointing authority shall be ....
 
Optional provision for the possibility of challenging the awards due to new facts or evidence (Article 36, paragraph 5 of the Law on Arbitration, Official Gazette of the Republic of Croatia 88/2001)
 
"Together with the reasons for challenging the award referred to in Article 36, paragraph 2 of the Law on Arbitration, the award can be challenged by a statement of claim should the challenging party learn new facts, or be able to use new evidence on grounds of which a more favourable award for the party could have been rendered, if these facts or evidence had been used prior to the conclusion of the hearings which preceded the challenged award. This reason can be stated only if the Claimant could not have presented these circumstances in the arbitration proceedings through no fault of his own. " 
 
Mediation and arbitration clause
 
Clause on mediation which determines the resolution of dispute through arbitration before the Permanent Arbitration Court at the Croatian Chamber of Economy; if such dispute has not been settled through mediation “All disputes arising out of or relating to this contract, including such relating to its breach, termination or invalidity, and any legal consequence thereof, shall be directed to mediation in accordance with the Rules of Mediation of the Mediation Centre at the Croatian Chamber of Economy, as in force. If any such dispute has not been settled pursuant to the said Rules within (30) days following the filing of a request for mediation or within such period as parties may agree, such dispute shall be finally settled in accordance with the Rules of Arbitration of the Permanent Arbitration Court at the Croatian Chamber of Economy (the Zagreb Rules).”