Question:

Please explain what if any are the problematic aspects of this dispute resolution clause. Is the clause enforceable?

In case of any dispute concerning the payment under this contract, the parties agree to have recourse to the procedure of conciliation foreseen in the Conciliation Rules of the London Court of International Arbitration. Any such dispute that parties fail to settle through conciliation may be submitted to the Tribunal de la Seine in Paris.

At the election of the buyer, disputes other than those cited above will be settled through arbitration at the Arbitration Centre of the Stockholm Chamber of Commerce (SCC) in line with the ICC Rules of Arbitration (2021). Each party will nominate one arbitrator from the SCCs list of certified arbitrators, while the presiding arbitrator will be Professor Brigitte Stern. The arbitrator(s) shall apply the substantive law of England and France in the interpretation of the contract, and the German Code of Civil Procedure in governing the procedure. The dispute will be decided ex aequo et bono. Arbitration shall be held in London. The award shall be binding and cannot be set aside. The proceedings shall be private. The language of the proceedings shall be English.