Using the standard clause

In a sale contract, place the clause after the parties' obligations, in an article headed "Dispute resolution". In a consignment contract, insert it in the general conditions signed by the consignor. In a deposit contract, include it in the liability clause.

The clause must be visible and either initialled or accepted separately. For general conditions, a mention on the signature page expressly referring to the clause strengthens its enforceability.

Auction houses include the clause in their general conditions of sale, record acceptance on the sale slip and state it on the bidder registration page. For online sales, a separate tick box is recommended.

Approved platforms keep proof of acceptance: date, time, user identity, version of the clause. This proof is decisive in the event of a challenge.

For authenticity warranties, combine the clause with the "appraisal" variant and the OIMAP certificate. The clause states that any challenge will be examined by the TAO with the help of an accredited expert.

In contracts for certified works, a reference to the certificate number and the OIMAP Registry helps the arbitrators find the appraisal file, with the parties' agreement.

In some countries, arbitration clauses are restricted in contracts with consumers. Check local legislation before imposing arbitration on an individual. In such cases the TAO offers an optional clause under which the consumer chooses arbitration after the dispute has arisen.

For cross-border sales, advice from a lawyer in the buyer's country is valuable. The Registry provides a summary note on the rules applicable in the main States.