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ProjTitle.icon Article 5: Resort to the Judicial or Arbitral Proceedings

1.     If a dispute is submitted to the court or arbitral tribunal, the parties to which have expressly agreed to resort to mediation and not to initiate judicial or arbitral proceedings within a specified period or at the time of the occurrence of a specified event, the court or arbitral tribunal shall proceed with their agreement, and the court shall rule that the case is inadmissible if the defendant pleads this against any request or defense in the case.

2.     Commencement of judicial or arbitral proceedings in a dispute where the parties have agreed to resort to mediation shall not be deemed to be abandonment or termination of the mediation agreement.


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