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Model Clause for Articles of Incorporation for Arbitration Pursuant to the Supplementary Rules for Corporate Disputes 2018

(1) All disputes arising among the shareholders or between the corporation and its shareholders in connection with these articles of incorporation or their validity shall be finally settled according to the Arbitration Rules, in connection with the Supplementary Rules for Corporate Disputes in Annex 5 thereto, of the German Arbitration Institute (DIS), without recourse to the ordinary courts of law.

(2) Former shareholders shall remain bound by this arbitration agreement.

(3) The corporation shall always raise the existing arbitration agreement as a defence against any claim that is filed in the ordinary courts of law and that relates to disputes covered by paragraph No. 1 above.

(4) The arbitral tribunal shall be comprised of [please enter “a sole arbitrator” or “three members”].

(4) The seat of the arbitration is [please enter city and country].

(6) The language of the arbitration shall be [please enter language of the arbitration].

(6) The rules of law applicable to the merits shall be [please enter law or rules of law].

Further, it is recommended that a provision be adopted elsewhere in the articles of incorporation pursuant to which all shareholders are obliged to provide the corporation with a current postal and electronic address for service or the address of a representative for service, and receipt of any written communication at such address will be deemed to have occurred after the expiry of an adequate period of time.

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