Text of the standard clause

"Any dispute arising out of or in connection with this contract" covers the validity, performance and termination of the contract, as well as actions based on liability. "Finally settled" means that the award is not open to appeal. "Under the Rules" incorporates the version applicable on the date of the request.

"By one or three arbitrators" leaves it to the Rules to decide according to the nature of the dispute; the parties may state their preference. The seat and the language are safeguards never to be omitted.

"The parties shall endeavour to settle any dispute amicably by mediation in accordance with the TAO Mediation Rules. Failing agreement within sixty days of the request for mediation, the dispute shall be finally settled under the TAO Arbitration Rules."

This clause suspends limitation periods during mediation. It prevents a party from starting arbitration without having tried dialogue, while guaranteeing a swift move to arbitration if mediation fails.

Expedited variant: "The dispute shall be settled by a sole arbitrator under the expedited procedure provided for in Annex II of the Rules, where the amount in dispute is below €250,000." It combines with the basic clause for low-value contracts.

Authenticity variant: "Any challenge relating to the authenticity of the work shall be referred to an independent expert appointed by the tribunal, whose opinion shall inform the arbitral tribunal." It specifies the expert-appraisal procedure and avoids debates on the appointment of the expert.

Brevity is deliberate: a long clause multiplies the opportunities for contradiction. Everything that can be settled by the Rules is. The clause only has to say what the Rules cannot guess: the choice of tribunal, the seat, the language and the applicable law.

This philosophy rests on the experience of international practitioners: the shortest clauses are also the least often challenged.