Model clauses

The simple clause provides that any dispute relating to the contract shall be finally settled under the TAO arbitration rules by one or three arbitrators appointed in accordance with those rules. It specifies the seat, the language and the applicable law.

It suits most sale or deposit contracts. The parties may add a specification about the number of arbitrators or the possibility of the expedited procedure for disputes of limited amount.

The mediation-arbitration clause provides for an attempt at mediation before the TAO within sixty days, then arbitration failing agreement. It reduces the risk of a costly dispute and preserves the business relationship.

The expedited clause sets a sole arbitrator and a six-month procedure for disputes below €250,000. It is useful in consignment or everyday sale contracts, where a quick decision is worth more than a thorough examination.

For an auction sale, the clause appears in the conditions of sale and covers disputes with the buyer or the seller. For a deposit, it covers restitution, custody and liability. For a warranty of authenticity, it refers first to the authenticity chamber and provides for the appointment of an expert.

Any adaptation must remain compatible with the Rules. "Hybrid" clauses that leave one party the choice of court or reserve a right of appeal may undermine the effectiveness of arbitration.

For auction houses and galleries, the arbitration clause appears in the general conditions, consignment contracts and sale slips. A visible mention and a reference to the full clause ensure its enforceability.

For online sales, express consent by tick box is recommended. The TAO supplies short texts suited to on-screen display and electronic contracts.