According to the Appeal Court, the arbitration clause written as follows:

“In case of failure of conciliation, the litigations or disputes related to the validity, the interpretation, the performance or the termination of the present contract will be submitted to arbitration (5) in accordance with the arbitration rules of the National Arbitration Chamber of Doctors (Chambre nationale d’Arbitrage des Médecins).


(5) The arbitration clause (…) is optional and the parties can decide to not seek arbitration or to request it in a different way as above proposed”.

is not binding and shows the common intent of the parties to make arbitration optional.