The Commercial Arbitration Association of ROC (referred to as t-
he Association" ) and the Spanish Court of Arbitration (referred
to as the "Court "), believing that wider use of commercial arb-
itra tion will contribute to the stability of economic transact-
ions between the two countries have agreed as follows :
Article 1
The Association and the Court shall each recommend enterprises
engaged in economic transactions between the ROC and Spain the
insertion of the following arbitration clause in contracts betw-
een such enterprises :
"All disputes that may arise between the parties out of or in r-
elation to this contract shall be settled by arbitration under
the ROC-Spanish Arbitration Agreement. The place of arbitration
shall be, unless otherwise agreed between the parties, the coun-
try in which the respondent resides. In case the respondent is
an enterprise of the ROC, the arbitration shall be conducted by
the Commercial Arbitration Association of ROC in accordance with
the Commercial Arbitration Rules thereof. In case the respondent
is an enterprise of Spain, the arbitration shall be conducted by
the Court in accordance with the Commercial Arbitration Rules t-
hereof. "
Article 2
(1) Any arbitrator shall not be limited to the national of eith-
er country where the arbitration takes place.
(2) The languages of English or Chineseand Spanish shall, unless
otherwise agreed between the parties, be used in the arbitr-
ation proceedings.
Article 3
The Association and the Court will cooperate to promote interna-
tional commercial arbitration between the two countries and will
exchange all necessary information and opinions conducive to the
realization of this Agreement.
Article 4
Believing that the bringing of their respective arbitration laws
and rules into closer harmony will contribute to the further st-
ability and development in economic transactions between the en-
terprises of the two countries, the Association and the Court w-
ill exert every effort to this end.
Article 5
This Agreement is done in duplicate in English, both copies bei-
ng equally authentic and shall become effective on the day of s-
ignature.
THE COMMERCIAL ARBITRATION ASSOCIATION OF ROC
[Signed]
MIEN-MIEN HUANG
Chairman
THE HIGH COUNCIL OF
CHAMBERS
OF COMMERCE, INDUSTRY AND
NAVIGATION OF SPAIN
[Signed]
FERNANDO GOMEZ AVILES
Director
Taipei, September 17, 1990