Does a DR Congo arbitration clause allow starting with mediation, and who selects the mediator if the parties agree to try mediation first before arbitration?

Yes, under DR Congo law (and the OHADA Uniform Act on Arbitration), parties may attempt mediation before arbitration if they both agree. This does not invalidate or “ignore” the arbitration clause, it simply suspends its operation until mediation is tried. Mediators are chosen by party agreement (or, failing that, by an institution or appointing authority), and the costs of mediation are typically shared equally unless the parties agree otherwise. If mediation fails, arbitration proceeds under the original clause, with each party bearing its own costs plus its share of arbitration expenses. Mediation before arbitration is legally permissible in DR Congo if both parties agree. The arbitration clause remains intact, mediators are chosen by agreement (or by an institution/authority if needed), and costs are usually shared. Arbitration proceeds if mediation fails, with cost allocation determined by the arbitral tribunal.