Schiedsgericht CEPANI - 24999 - Gerichthof der Menschen

Gerichthof der Menschen aE.
ständiger Gerichthof des zwingend-humanitärem Völkerrecht
Feststellung- und Pflichtgerichthof
Gerichthof der Prävention und Restitution zur Amnestie
Direkt zum Seiteninhalt

Hauptmenü:

Schiedsgericht CEPANI - 24999

Gerichthof
Schiedsordnung CEPANI (Streitwert > 25.000,00 €uro)
CEPANI RULES DISPUTES > 25.000,00 €uro


Content:
PRELIMINARY PROVISIONS
Article 1. – Belgian Centre for Mediation and Arbitration
Article 2. – Definitions
Article 3. – Request for Arbitration
Article 4. – Answer to the Request for Arbitration and Filing of a Counterclaim
Article 5. – Extension of the Time Limit for Filing the Answer
Article 6. – Prima facie lack of an Abitration Agreement
Article 7. – Effect of the Arbitration Agreement
Article 8. – Written Notifications or Communications and Time Limits
MULTIPLE PARTIES, MULTIPLE CONTRACTS, INTERVENTION AND CONSOLIDATION
Article 9. – Multiple Parties
Article 10. – Multiple Contracts
Article 11. – Intervention
Article 12. – Jurisdiction of the Arbitral Tribunal
Article 13. – Consolidation
THE ARBITRAL TRIBUNAL
Article 14. – General Provisions
Article 15. – Appointment of Arbitrators
Article 16. – Challenge of Arbitrators
Article 17. – Replacement of Arbitrators
THE ARBITRAL PROCEEDINGS
Article 18. – Transmission of the File to the Arbitral Tribunal
Article 19. – Proof of Authority
Article 20. – Language of the Arbitration
Article 21. – Place of the Arbitration
Article 22. – Terms of Reference and Procedural Timetable
Article 23. – Examination of the Case
Article 24. – Closing of the Proceedings
Article 25. – Confidentiality of the Arbitration Proceedings
Article 26. – Interim and Conservatory Measures Prior to the Constitution of the Arbitral Tribunal
Article 27. – Interim and Conservatory Measures After the Constitution of the Arbitral Tribunal
THE ARBITRAL AWARD
Article 28. – Time Limit for the Rendering of the Arbitral Award
Article 29. – Making of the Award
Article 30. – Award by consent
Article 31. – Notification of the Award to the Parties – Deposit of the Award
Article 32. – Final Nature and Enforceability of the Award
Article 33. – Correction and Interpretation of the Award – Remission of the Award
ARBITRATION COSTS
Article 34. – Nature and Amount of the Arbitration Costs – Parties’ Costs
Article 35. – Advance on Arbitration Costs
Article 36. – Decisions on Arbitration Costs and Parties’ Costs
FINAL PROVISIONS
Article 37. – Limitation of liability
Article 38. – Residual Provision

PRELIMINARY PROVISIONS

Article 1. – Belgian Centre for Mediation and Arbitration
The Belgian Centre for Arbitration and Mediation (« CEPANI ») is an independent body which administers arbitration proceedings in accordance with its Rules. It does not itself resolve disputes and it does not act as an arbitrator.

Article 2. – Definitions
In the following provisions:
(i) « Secretariat » means the CEPANI secretariat.
(ii) « President » means the President of CEPANI.
(iii) « Appointments Committee » means the CEPANI Appointments Committee.
(iv) « Challenge Committee » means the CEPANI Challenge Committee.
(v) « arbitration agreement » means any form of mutual agreement to have recourse to arbitration and, in the case of an investment dispute, when the authorities have agreed to Arbitration.
(vi) « Arbitral Tribunal » means the arbitrator or arbitrators.
(vii) « Claimant » and « Respondent » shall be deemed to refer to one or more claimants or respondents.
(viii) « Award » means, inter alia, any interim, partial or final arbitration Award.
(ix) « Order » means the decisions of the Arbitral Tribunal relating to the conduct of the arbitration proceedings.
(x) « days » means calendar days.
(xi) « Rules » means the CEPANI Arbitration Rules.

COMMENCEMENT OF THE PROCEEDINGS

Article 3. – Request for Arbitration
  1. A party wishing to have recourse to arbitration under the CEPANI Rules shall submit its Request for Arbitration to the secretariat.
    The Request for Arbitration shall include, inter alia, the following Information:
    a) name, first name, corporate name, function, address, telephone and fax numbers, e-mail address and VAT-number, if any, of each of the parties;
    function, address, telephone and fax numbers, e-mail address of the person or persons representing the Claimant in the Arbitration;
    c) a succinct recital of the nature and circumstances of the dispute giving rise to the Claim;
    d) a statement of the relief sought, a summary of the grounds for the claim, and, if possible, a financial estimate of the amount of the Claim;
    e) all relevant information that may assist in determining the number of arbitrators and their choice in accordance with the provisions of Article 15 and any nomination of an arbitrator required thereby;
    f) any comments as to the place of the arbitration, the language of the arbitration and the applicable rules of law.
    Together with the Request, Claimant shall provide copies of all agreements, in particular the arbitration agreement, the correspondence between the parties and other relevant documents.
    The Request for Arbitration and the documents annexed thereto shall be supplied in a number of copies sufficient to provide one copy for each arbitrator and one for the secretariat.
  2. Claimant shall attach to the Request for Arbitration proof of the dispatch to Respondent of the Request and the documents annexed thereto.
  3. The date on which the secretariat receives the Request for Arbitration and the annexes thereto and the payment of the registration costs such as determined under point 2 of Schedule I shall be deemed to be the date of commencement of the arbitral proceedings. The secretariat shall confirm this date to the parties.

Article 4. – Answer to the Request for Arbitration and Filing of a Counterclaim
  1. Within one month from the date of the commencement of the arbitral proceedings, Respondent shall send its Answer to the Request for Arbitration to the secretariat.
    The Answer shall include, inter alia, the following information:
    a) name, first name, corporate name, function, address, telephone and fax numbers, e-mail address and VAT-number, if any, of Respondent;
    b) name, first name, corporate name, function, address, telephone and fax numbers, e-mail address of the person or persons representing the Respondent in the Arbitration;
    c) the Respondent’s succinct comments on the nature and circumstances of the dispute that gives rise to the Claim;
    d) its response to the relief sought;
    e) its comments concerning the number of arbitrators and their choice in the light of Claimant’s proposals, as well as the nomination of any arbitrator that the Respondent has to make;
    f) any comments as to the place of the arbitration, the language of the arbitration and the applicable rules of law.
    The Answer and the documents annexed thereto, if any, shall be supplied in a number of copies sufficient to provide one copy for each arbitrator and one for the secretariat.
  2. Respondent shall attach to the Answer proof of the dispatch, within the same time limit of one month, to Claimant of the Answer and the documents annexed thereto.
  3. Any counterclaim made by Respondent shall be filed with its Answer and shall include:
    a) a succinct recital of the nature and circumstances of the dispute that gives rise to the counterclaim.
    b) an indication of the object of the counterclaim and, if possible, a financial estimate of the amount of the counterclaim.
  4. All useful documents will be enclosed with the counterclaim.
    Claimant may submit written observations on the counterclaim within a period of one month from receipt of the counterclaim communicated by the secretariat.

Article 5. – Extension of the Time Limit for Filing the Answer
The time limit mentioned in Article 4 of these Rules may be extended, pursuant to a reasoned request of one of the parties or on its own motion, by the secretariat.

Article 6. – Prima facie lack of an Abitration Agreement
In the event that, prima facie, there is no arbitration agreement, the arbitration may not proceed should Respondent not answer within the one-month period mentioned in Article 4, or should Respondent refuse arbitration under the CEPANI Rules.

Article 7. – Effect of the Arbitration Agreement
  1. When the parties agree to resort to CEPANI for arbitration, they thereby submit to the Rules, including the Schedules, which are in effect on the date of the commencement of the arbitral proceedings, unless they have agreed to submit to the Rules in effect on the date of their arbitration agreement.
  2. If, notwithstanding the presence of a prima facie arbitration agreement, one of the parties refuses to submit to arbitration, or fails to take part in the arbitration, the arbitration shall nevertheless proceed.
  3. If, notwithstanding the presence of a prima facie arbitration agreement, a party raises one or more pleas concerning the existence, validity or scope of the arbitration agreement, the arbitration shall proceed without CEPANI deciding on the admissibility or merits of the pleas. In such case the Arbitral Tribunal shall itself rule on its jurisdiction.
  4. Unless otherwise agreed, the Arbitral Tribunal shall not cease to have jurisdiction by reason of the nullity or non-existence of the contract, provided that the Arbitral Tribunal upholds the validity of the arbitration agreement.

Article 8. – Written Notifications or Communications and Time Limits
  1. The memorials and written submissions and other written communications presented by the parties, as well as all annexed documentary evidence and documents, shall be sent by each of the parties simultaneously to all the other parties and to each of the arbitrators. The secretariat shall receive a copy of all the said communications and documents as well as of the communications of the Arbitral Tribunal to the parties.
  2. The Request for Arbitration, the Answer to the Request for Arbitration, the memorials and written submissions and the nomination of the arbitrators shall be validly notified if remitted by courier service against receipt, sent by registered letter, letter, fax or in electronic form which allows for proof of the sending. Without prejudice to Article 31.2, all other notifications and communications made pursuant to these Rules shall be validly effected by any other means of written communication.
  3. The Arbitral Tribunal may decide that other notification and communication rules shall apply.
  4. If a party is represented by counsel, all notifications or communications shall be made to the latter, unless the said party requests otherwise. All notifications or communications shall be valid if dispatched to the last address of the party to whom they are addressed, as notified either by the party in question or, as the case may be, by the other Party.
  5. A notification or communication, made in accordance with paragraph 2, shall be deemed to have been made when it is received, or should have been received, by the party itself or by its counsel.
  6. Periods of time specified in these Rules, shall start to run on the day following the date a notification or communication is deemed to have been made in accordance with paragraph 5. If the last day of the relevant period of time granted is an official holiday or a non-business day in the country where the notification or communication has to be made the period of time shall expire at the end of the first following business day.
    A notice or communication shall be treated as having been timely notified if it is dispatched in accordance with paragraph 2 prior to, or on the date of, the expiry of the time limit.

MULTIPLE PARTIES, MULTIPLE CONTRACTS, INTERVENTION AND CONSOLIDATION

Article 9. – Multiple Parties
  1. An arbitration may take place between more than two parties when they have agreed to have recourse to arbitration under the CEPANI Rules.
  2. Each party may make a claim against any other party, subject to the limitations set out in Article 23.8 of the Rules.

Article 10. – Multiple Contracts
  1. Claims arising out of various contracts or in connection with same may be made in a single Arbitration.
    This is the case when the said claims are made pursuant to various arbitration Agreements:
    a) if the parties have agreed to have recourse to arbitration under the CEPANI Rules and
    b) if all the parties to the arbitration have agreed to have their claims decided within a single set of proceedings.
  2. Differences concerning the applicable rules of law or the language of the proceedings do not give rise to any presumption as to the incompatibility of the arbitration Agreements.
  3. Arbitration agreements concerning matters that are not related to one another give rise to a presumption that the parties have not agreed to have their claims decided in a single set of proceedings.
  4. Within a single set of proceedings each party may make a claim against any other party, subject to the limitations set out in Article 23.8 of the Rules.

Article 11. – Intervention
  1. A third party may request to intervene in the proceedings and any party to the proceedings may seek to have a third party joined.
    The intervention may be allowed when the third party and the parties to the dispute have agreed to have recourse to arbitration under the CEPANI Rules.
  2. No intervention may take place after the Appointments Committee or the President has appointed or confirmed each of the members of the Arbitral Tribunal, unless all the parties, including the third party, have agreed otherwise.
  3. The Request for Intervention shall be addressed to the secretariat and, if it is already constituted, to the Arbitral Tribunal. The party requesting intervention shall enclose with its Request proof of the notification of the Request to the parties to the proceedings, as the case may be, to the third party whose joinder is requested and, if it is already constituted, to the Arbitral Tribunal.
  4. The Request for Intervention shall inter alia include the following Information:
    a) name, first name, corporate name, function, address, telephone and fax numbers, e-mail address and VAT number, if any, of the party requesting the intervention, of each of the parties and, if it is not the party requesting the intervention, of the third Party.
    b) name, first name, corporate name, function, address, telephone and fax numbers, e-mail address of the person or persons representing the party requesting the intervention in the arbitration;
    c) a succinct recital of the nature and circumstances of the circumstances giving rise to the Request;
    d) information concerning the place and language of the pending arbitration proceedings as well as concerning the applicable rules of law;
    e) a statement of the relief sought by the Request for Intervention, a summary of the grounds for the Request, and, if possible, of the financial effect of the Request for Intervention on the amounts claimed.
    A copy of the agreements entered into and in any event of the arbitration agreement that binds the parties and the third party and any other useful documents shall be enclosed with the Request for Intervention.
  5. The intervening third party may make a claim against any other party, subject to the limitations set out in Article 23.8 of the Rules.

Article 12. – Jurisdiction of the Arbitral Tribunal
  1. The Arbitral Tribunal shall rule on all disputes in connection with Articles 9 to 11 of the Rules, including disputes as to its own jurisdiction.
  2. Any decisions of the Appointments Committee or the President as to the appointment or the acceptance of the members of the Arbitral Tribunal shall not prejudice the above-stated power to determine jurisdiction.

Article 13. – Consolidation
  1. When one or more contracts containing an arbitration agreement providing for the application of the Rules give rise to separate arbitrations, which are related or indivisible, the Appointments Committee or the President may order their consolidation.
    This decision is taken either, prior to any other plea, at the request of the most diligent party, or, at the request of the Arbitral Tribunals or any one of them.
    In any event no decision is taken without the parties and the Arbitral Tribunal or, as the case may be, the Arbitral Tribunals being invited to present their written observations within the time limit determined by the secretariat.
  2. The application for consolidation shall be granted when it is presented by all the parties and they have also agreed on the manner in which the consolidation shall occur.
    If this is not the case, the Appointments Committee or the President may grant the application for consolidation, after having considered,
    inter alia:
    a) whether the parties have not excluded consolidation in the arbitration agreement;
    b) whether the claims made in the separate arbitrations have been made pursuant to the same arbitration Agreement;
    c) or, where the claims have been made pursuant to more than one arbitration agreement, whether they are compatible and whether the proceedings involve the same parties and concern disputes arising from the same legal relationship.
    The Appointments Committee or the President shall take account,
    inter alia :
    a) of the progress made in each of the arbitrations and,
    inter alia, of the fact that one or more arbitrators have been appointed or confirmed in more than one of the arbitrations and, as the case may be, of the fact that the persons appointed or confirmed are the same;
    b) of the place of arbitration provided for in the arbitration Agreements.
    In coming to its decision the Appointments Committee or the President shall have regard to Article 15.
  3. Except if agreed otherwise by the parties with regard to the principle of consolidation and the manner in which it shall occur, the Appointments Committee or the President may not order consolidation of arbitrations in which a decision has already been rendered with regard to preliminary measures, admissibility or as to the merits of a claim.

THE ARBITRAL TRIBUNAL

Article 14. – General Provisions
  1. Only those persons who are independent of the parties and of their counsel and who comply with the Rules of Good Conduct set out in Schedule III, may serve as arbitrators in arbitration proceedings organized by CEPANI.
    Once he has been appointed or confirmed the arbitrator undertakes to remain independent until the end of his appointment. He is impartial and undertakes to remain so and to be available.
  2. Prior to his appointment or confirmation the arbitrator whose appointment is being proposed shall sign a statement of availability, acceptance and independence. He shall disclose in writing to the secretariat any facts or circumstances which might be of such a nature so as to call into question the arbitrator’s independence in the eyes of the parties. The secretariat shall provide such information to the parties in writing and fix a time limit for any comments from them.
  3. An arbitrator shall immediately disclose in writing to the secretariat and to the parties any facts or circumstances of a similar nature as those mentioned in paragraph 2 which may arise during the Arbitration.
  4. The decisions of the Appointments Committee or the President as to the appointment, confirmation or replacement of an arbitrator shall be final. The reasons for the decision shall not be communicated.
  5. By accepting to serve, the arbitrator undertakes to carry out his duties until the end of his appointment in accordance with these Rules.

Article 15. – Appointment of Arbitrators
  1. The Appointments Committee or the President shall appoint or confirm the nomination of the arbitrators in accordance with the following rules. It shall take account,
    inter alia, of the availability, the qualifications of the arbitrator and his ability to conduct the arbitration in accordance with these Rules.
  2. Where the parties have agreed to settle their dispute through a sole arbitrator, they may nominate him by mutual consent, subject to confirmation by the Appointments Committee or the President.
    Should the parties fail to agree within one month of the notification of the Request for Arbitration to Respondent, or within such additional time as may be allowed by the secretariat, the sole arbitrator shall be automatically appointed by the Appointments Committee or by the
    President.
    Where the Appointments Committee or the President refuses to confirm the nomination of the arbitrator, it or he shall proceed with the replacement within one month of the notification of this refusal to the parties.
  3. When three arbitrators are foreseen, each party shall nominate its arbitrator in the Request for Arbitration or in the Answer to the Request, subject to the confirmation of the Appointments Committee or the President. Where a party refrains from nominating its arbitrator or if the latter is not confirmed, the Appointments Committee or the President shall automatically appoint the arbitrator.
    The third arbitrator, who will act by right as chair of the Arbitral Tribunal, shall be appointed by the Appointments Committee or by the President, unless the parties have agreed upon another procedure for such appointment, in which case the appointment shall be subject to confirmation by the Appointment Committee or the President. Should such procedure not result in an appointment within the time limit fixed by the parties or the secretariat, the third arbitrator shall be automatically appointed by the Appointments Committee or the President.
  4. Where the parties have not agreed upon the number of arbitrators, the dispute shall be settled by a sole arbitrator.
    However, at the request of one the parties or on its or his own motion, the Appointments Committee or the President may decide that the case shall be heard by a Tribunal of three arbitrators.
    In this case, Claimant shall nominate an arbitrator within a period of fifteen days from the receipt of the notification of the decision of the Appointments Committee or the President, and Respondent shall nominate an arbitrator within a period of fifteen days from the receipt of the notification of the nomination made by Claimant.
  5. Where there are multiple parties and where the dispute is referred to three arbitrators, the multiple Claimants, jointly, and the multiple Respondents, jointly, shall each nominate one arbitrator for confirmation pursuant to the provisions of the present article.
    In the absence of such a joint nomination and where all parties are unable to agree on a method for the constitution of the Arbitral Tribunal, the Appointments Committee or the President shall appoint each member of the Arbitral Tribunal and shall designate one of them to act as chair.
  6. Where three arbitrators are foreseen and a Request for Intervention has been addressed to the secretariat in accordance with Article 11.3, before the Appointments Committee or the President has appointed or confirmed each of the members of the Arbitral Tribunal the intervening third party may nominate an arbitrator jointly with the Claimant(s) or with the Respondent(s).
    Where there is a sole arbitrator and a Request for Intervention has been addressed to the secretariat before the Appointments Committee or the President has appointed or confirmed the sole arbitrator, the Appointments Committee or the President appoints the sole arbitrator taking into account the Request for Intervention.
  7. Where the parties to the proceedings have agreed that a Request for Intervention may be made after the Appointments Committee or the President has appointed or confirmed the members of the Arbitral Tribunal, the Appointments Committee or the President has the choice of either confirming the nominations and confirmations that have occurred or of terminating the appointments of the members of the Arbitral Tribunal that have been previously nominated or confirmed and then appointing the new members of the Arbitral Tribunal and appointing one of them as chair. In such event the Appointments Committee or the President is free to determine the number of arbitrators and to appoint any person they may choose.
  8. When, pursuant to Article 13.1, the Request for Intervention is granted the Appointments Committee or the President appoints each of the members of the Arbitral Tribunal and appoints one of them as chair.

Article 16. – Challenge of Arbitrators
  1. A challenge for reasons of any alleged lack of independence or for any other reason, shall be communicated to the secretariat in writing and shall contain the facts and circumstances on which it is based
  2. In order to be admissible the challenge must be communicated by a party either within one month of the receipt by that party of the notification of the arbitrator’s appointment, or within one month of the date on which that party was informed of the facts and circumstances which it invokes in support of its challenge, whichever date is the later.
  3. The secretariat shall invite the arbitrator concerned, the other parties and the members of the Arbitral Tribunal, as the case may be, to present their written observations within a time period fixed by the secretariat. These observationss shall be communicated to the parties and to the arbitrators. The parties and arbitrators may respond to these observations within the time period fixed by the secretariat.
    The latter then transmits the challenge and the comments received to the Challenge Committee. The Committee decides on the admissibility and on the merits of the challenge.
  4. The Challenge Committee shall decide without any recourse on the challenge of an arbitrator. The reasons for the decision shall not be communicated.

Article 17. – Replacement of Arbitrators
  1. In the event of an arbitrator’s death, challenge, accepted withdrawal, or if there is a cause preventing him from fulfilling his duties, or upon request of all parties, the arbitrator shall be replaced.
  2. An arbitrator shall also be replaced when the Appointments Committee or the President finds that the arbitrator is prevented de jure or de facto from fulfilling his duties in accordance with these Rules or within the allotted time Limits.
    In such event, the Appointments Committee or the President shall decide on the matter after having invited the arbitrator concerned, the parties and any other members of the Arbitral Tribunal, as the case may be, to present their obsevations in writing to the secretariat within the time limit allotted by the latter. Such observations shall be communicated to the parties and to the arbitrators.
  3. When an arbitrator has to be replaced, the Appointments Committee or the President shall have discretion to decide whether or not to follow the original appointment process.
    Once reconstituted, and after having invited the parties to present their observations, the Arbitral Tribunal shall determine if, and to what extent, prior proceedings shall be repeated.

THE ARBITRAL PROCEEDINGS

Article 18. – Transmission of the File to the Arbitral Tribunal
Provided that the advance on arbitration costs set out in Article 35 has been fully paid, the secretariat shall transmit the file to the Arbitral Tribunal as soon as the latter has been constituted.

Article 19. – Proof of Authority
At any time after the introduction of the arbitration, the Arbitral Tribunal or the secretariat may require proof of authority to act from any representative of any party.

Article 20. – Language of the Arbitration
  1. The language or languages of the arbitration shall be determined by mutual agreement between the parties.
    Failing such an agreement, the language or languages of the arbitration shall be determined by the Arbitral Tribunal, due regard being given to the circumstances of the case and, in particular, to the language of the contract.
  2. The Arbitral Tribunal shall have full authority to decide which of the parties shall bear the translation costs, if any, and to what extent.

Article 21. – Place of the Arbitration
  1. The Appointments Committee or the President shall determine the place of the arbitration, unless the parties have agreed otherwise.
  2. Unless otherwise agreed by the parties and after having consulted with them, the Arbitral Tribunal may decide to hold its hearings and meetings at any other location that it considers appropriate.
  3. The Arbitral Tribunal may deliberate at any place that it considers appropriate.

Article 22. – Terms of Reference and Procedural Timetable
  1. Prior to the examination of the file, the Arbitral Tribunal shall, on the basis of documents received or in the presence of the parties and on the basis of their latest statements, draw-up a document defining its Terms of Reference.
    The Terms of Reference shall contain the following information:
    a) the name, first name, corporate name, function, address, telephone and fax numbers and e-mail address of each of the parties and of any person(s) representing any party in the arbitration as well as, if applicable, the VAT number of each of the parties;
    b) the addresses of the parties to which notifications or communications arising in the course of the arbitration may be validly made;
    c) a succinct recital of the circumstances of the case;
    d) a statement of the parties’ claims with an indication, to the extent possible, of the amounts claimed or counterclaimed;
    e) unless the Arbitral Tribunal deems it to be inappropriate, a determination of the issues that are in Dispute;
    f) the full names, first names, descriptions and addresses of each member of the Arbitral Tribunal;
    g) the place of the Arbitration;
    h) any other particulars that the Arbitral Tribunal may deem to be useful.
  2. The Terms of Reference must be signed by the parties and the members of the Arbitral Tribunal. The Arbitral Tribunal shall send these terms of reference to the secretariat within two months of the transmission of the file to the Arbitral Tribunal.
    This time limit may be extended pursuant to a reasoned request of the Arbitral Tribunal or on its own motion by the secretariat.
    If one of the parties refuses to take part in the drawing up of the Terms of Reference or to sign them, in spite of being bound by a CEPANI arbitration agreement, the proceedings shall continue after the time limit granted by the secretariat to the Arbitral Tribunal for the obtaining of the missing signature has expired. The Arbitral Award following the refusal of a party to sign the Terms of Reference or to participate in the arbitration shall be deemed to conform to rules of due process.
  3. When drawing up the Terms of Reference, or as soon as possible thereafter, the Arbitral Tribunal, after having consulted the parties, shall establish in a separate document a procedural timetable that it intends to follow for the conduct of the arbitration and shall communicate same to the parties as well as to the secretariat. Any subsequent modifications of the procedural timetable shall be communicated to the parties as well as to the secretariat.
  4. The provisional procedural timetable may be drawn-up at any conference with the parties organized by the Arbitral Tribunal, either of its own motion or at the request of any party. The purpose of the conference shall be to consult with the parties on the procedural measures required in accordance with Article 23 as well as on any other measure capable of facilitating the management of the proceedings. The conference may be organized via any means of communication.
  5. The Arbitral Tribunal shall have the power to decide on an ex aequo basis only if the parties have authorised it to do so. In such event,the Arbitral Tribunal shall nevertheless abide by these Rules.

Article 23. – Examination of the Case
  1. In the conduct of the proceedings the Arbitral Tribunal and the parties shall act in a timely manner and in good faith. In particular, the parties shall abstain from any dilatory acts as well as from any other action having the object or effect of delaying the proceedings.
  2. The Arbitral Tribunal shall proceed within as short a time as possible to examine the case by all appropriate means.
    Unless it has been agreed otherwise by the parties, the Arbitral Tribunal shall be free to decide on the rules as to the taking of evidence.
    It may, inter alia, obtain evidence from witnesses and appoint one or more experts.
  3. The Arbitral Tribunal may decide the case solely on the basis of the documents submitted by the parties, unless the parties or one of them requests a hearing.
  4. At the request of the parties, any party or upon its own motion, the Arbitral Tribunal, subject to the giving of reasonable notice, may summon the parties to appear before it on the day and at the place that it specifies.
  5. If any of the parties, although duly summoned, fails to appear, the Arbitral Tribunal shall nevertheless be empowered to proceed, provided it has ascertained that the summons was duly received by the party and that there is no valid excuse for its Absence.
    In any event, the Award shall be deemed to conform to rules of due process.
  6. The hearings shall not be public. Save with the approval of the Arbitral Tribunal and the parties, persons not involved in the proceedings shall not be admitted.
  7. The parties shall appear in person or through duly authorized representatives or counsel.
  8. New claims or counterclaims must be presented in writing. The Arbitral Tribunal may refuse to examine such new claims if it considers that they might delay the examination of, or the ruling on, the original claim, or that they are beyond the limits of the Terms of Reference. It may also consider any other relevant circumstances.

Article 24. – Closing of the Proceedings
  1. As soon as possible after the last hearing or the filing of the last admissible documents the Arbitral Tribunal shall declare the proceedings closed.
  2. If it deems it necessary, the Arbitral Tribunal, at any time prior to the rendering of the Award, may decide, on its own motion or at the request of any party, to re-open the proceedings.

Article 25. – Confidentiality of the Arbitration Proceedings
Unless it has been agreed otherwise by the parties or there is a legal obligation to disclose, the arbitration proceedings shall be confidential.

Article 26. – Interim and Conservatory Measures Prior to the Constitution of the Arbitral Tribunal
  1. Except if the parties have agreed otherwise, each party may request interim and conservatory measures which cannot await the constitution of the Arbitral Tribunal. The Request is made in the agreed language or, in the absence of same, in the language of the arbitration Agreement.
  2. The party requesting the interim and conservatory measures shall send a copy of the Request to the secretariat.
  3. The Request for interim and conservatory measures includes,
    inter alia, the following information :
    a) name, first name, business name, function, address, telephone and fax numbers, e-mail address and VAT-number, if any, of each of the parties;
    b) name, first name, business name, function, address, telephone and fax numbers, e-mail address of the person or persons representing the applicant;
    c) a succinct recital of the nature and circumstances of the dispute giving rise to the application;
    d) a statement of the relief sought,
    e) the reasons for which the applicant requests the interim and conservatory measures which may not await the constitution of the Arbitral Tribunal;
    f) information as to the place and the language of the arbitration as well as to the applicable rules of law;
    g) all relevant agreements and all other useful documents and in any event the arbitration Agreement;
    h) proof of the payment of the procedural expenses provided for in paragraph 11 of the present Article.
  4. The Appointments Committee or the President appoints an arbitrator who shall provisionally decide on the measures urgently requested. The said appointment shall take place in principle within two working days of the receipt of the request by the secretariat. Immediately upon his appointment, the arbitrator shall receive the file from the secretariat. The parties shall be informed and as of such moment shall communicate directly with the arbitrator, with copy to the other party and to the secretariat.
  5. The arbitrator deciding on the interim and conservatory measures must be independent and remain so throughout the proceedings. He must also be impartial and remain so. For this purpose, he shall sign a declaration of independence, acceptance and availability.
  6. The arbitrator deciding on the interim and conservatory measures may not be appointed as arbitrator in an arbitration which is related to the dispute at the origin of the Request.
  7. A challenge may be made against an arbitrator deciding on the interim and conservatory measures.
    In order not to be inadmissible as out of time, the challenge of the arbitrator deciding on the interim and conservatory measures must be sent within three days, either of receipt of the notification of the appointment of the arbitrator deciding on provisional measures by the party making the challenge or, of the date at which the said party was informed of the facts and circumstances that it relies on in support of its challenge if said facts and circumstances occur after the receipt of the above mentioned notification.
    The secretariat advises the arbitrator deciding on the interim and conservatory measures and the other party of the time limit for the filing of their observations.
    The latter then transmits the challenge and the comments received to the Challenge Committee. The Committee decides on the admissibility and on the merits of the challenge in principle within three working days of its receipt of the file. The Challenge Committee shall decide on the challenge of an arbitrator without any recourse. The reasons for the decision shall not be communicated.
  8. The arbitrator deciding on the interim and conservatory measures shall draw-up a procedural calendar, in principle within three working days of receipt of the file. He shall transmit to the secretariat a copy of all his written communications with the parties.
  9. The arbitrator deciding on the interim and conservatory measures organizes the proceedings in the manner which he deems to be the most appropriate. In any event he conducts the proceedings in an impartial manner and ensures that each party has sufficient opportunity to present its case.
  10. In principle, the arbitrator deciding on the interim and conservatory measures renders his decision at the latest within fifteen days of his receipt of the file. The decision shall be in writing and shall include the reasoning upon which the decision is based. The decision shall be in the form of a reasoned Order or, if the arbitrator deciding on provisional measures deems it appropriate, in the form of an Award. The arbitrator sends his decision to the parties, with copy to the secretariat, via any means of communication which is authorized by Article 8.2.
  11. The applicant for interim and conservatory measures in accordance with Article 26 shall be required to pay a fixed sum to cover the fees of the arbitrator deciding on the provisional measures as well as the administrative expenses. The sum in question is fixed in accordance with point 7 of Schedule I.
    The Request for Interim and Conservatory measures is only transmitted to the Appointments Committee or the President when the secretariat has received the above-mentioned amount.
    If the proceedings do not take place in accordance with the present article or if the proceedings are terminated before any decision is rendered the secretariat determines the amount, if any, to be reimbursed to the applicant.
    In any event, the amount covering the administrative expenses fixed in accordance with point 7 of Schedule I is not refundable.

Article 27. – Interim and Conservatory Measures After the Constitution of the Arbitral Tribunal
  1. Provided that the advance to cover arbitration costs in accordance with Article 35 has been paid, each party may ask the Arbitral Tribunal, as soon as it has been appointed, to order interim and conservatory measures, including the provision of guarantees or security for costs. Any such measure shall take the form of an Order, setting out the reasons for the decision, or, if the Arbitral Tribunal considers it appropriate, an Award
  2. All interim and conservatory measures ordered by the ordinary courts in relation to the dispute must be communicated immediately to the Arbitral Tribunal and to the secretariat.

THE ARBITRAL AWARD

Article 28. – Time Limit for the Rendering of the Arbitral Award
  1. The Arbitral Tribunal shall render the Award within six months of the date of the Terms of Reference mentioned in Article 22.
  2. This time limit may be extended pursuant to a reasoned request from the Arbitral Tribunal, or upon its own motion, by the secretariat.

Article 29. – Making of the Award
  1. Where there is more than one arbitrator, the Award shall be made by a majority decision. If no majority can be reached, the chair of the Arbitral Tribunal shall have the deciding vote.
  2. The Award shall state the reasons upon which it is based.
  3. The Award shall be deemed to be made at the place of the arbitration and on the date stated therein.

Article 30. – Award by consent
Should the parties reach a settlement after the appointment of the Arbitral Tribunal, the settlement shall be recorded in the form of an Award made by consent of the parties if so requested by the parties and if the Arbitral Tribunal agrees to do so.

Article 31. – Notification of the Award to the Parties – Deposit of the Award
  1. Once the Award has been made, the Arbitral Tribunal shall transmit it to the secretariat in as many original versions as there are parties involved, plus one original version for the secretariat
  2. Provided that the arbitration costs have been fully paid, the secretariat shall notify to each party, by registered letter or by courier service against receipt an original copy of the Award signed by the members of the Arbitral Tribunal as well as, by e-mail, a copy of same. The date of the sending by registered letter or by courier service against receipt shall be deemed to be date of notification.
  3. When the place of arbitration is in Belgium and solely if one of the parties so requests the secretariat within a period of three months from the notification of the Award, the Award shall be filed at the registry of the Civil Court of the place of the arbitration.

Article 32. – Final Nature and Enforceability of the Award
  1. The Award is final and is not subject to appeal. The parties undertake to comply with the Award without delay.
  2. By submitting their dispute to arbitration under CEPANI Rules and except where an explicit waiver is required by law, the parties waive their right to any form of recourse insofar as such a waiver can validly be made.

Article 33. – Correction and Interpretation of the Award – Remission of the Award
  1. On its own initiative, within one month of the notification of the Award to the parties, the Arbitral Tribunal may correct any clerical, computational or typographical error or any errors of a similar nature.
  2. Within one month of the notification of the Award a party may file with the secretariat an application for the correction of an error of the kind referred to in paragraph 1. The application must be made in as many copies as stated in Article 3.1.
  3. Within one month of the notification of the Award a party may file with the secretariat an application for the interpretation of a point or specific section of an Award.
    The application must be made in as many copies as stated in Article 3.1.
  4. After receipt of an application referred to in paragraphs 2 and 3, the Arbitral Tribunal shall grant the other party a short time limit which shall not exceed one month from the date of the application in order submit any comments.
  5. A decision to correct or interpret an Award shall take the form of an addendum and shall constitute an integral part of the Award. The provisions of Articles 28, 29 and 31 shall apply mutatis mutandis.
  6. When a jurisdiction remits an Award to the Arbitral Tribunal the provisions of Articles 28, 29 and 31 as well as the present Article 33 shall apply mutatis mutandis to any addendum or any other Award rendered in accordance with the decision to remit. CEPANI may take all necessary measures in order to allow the Arbitral Tribunal to comply with the decision to remit and may determine an advance payment for the purposes of recovering all additional arbitration fees and expenses of the Arbitral Tribunal as well as the additional administrative expenses of CEPANI.

ARBITRATION COSTS

Article 34. – Nature and Amount of the Arbitration Costs – Parties’ Costs
  1. The arbitration costs shall include the fees and expenses of the arbitrators, as well as the administrative expenses of CEPANI. They shall be fixed by the secretariat on the basis of the amount of the principal claim and of any counterclaim, according to the Scale of Costs for Arbitration in effect on the date of the commencement of the Arbitration.
  2. The parties’ costs include the expenses of the parties such as the expenses incurred for their defence and the expenses relating to the presentation of evidence by experts or witnesses. Schedule II sets out a recommendation with regard to the said costs.
  3. The secretariat may fix the arbitration costs at a higher or lower figure than that which would result from the application of the Scale of Costs for Arbitration, should this be deemed necessary due to exceptional circumstances.
  4. If the amount in dispute is not specified, totally or partially, the secretariat may determine, taking into account all available information, the amount in dispute on the basis of which the arbitration costs will be calculated.
  5. The secretariat may adjust the amount of the arbitration costs at any time during the proceedings if the circumstances of the case or if new claims reveal that the scope of the dispute is greater than originally considered.

Article 35. – Advance on Arbitration Costs
  1. The arbitration costs, as determined in accordance with Article 34 shall be paid to CEPANI prior to the transmittal of the file by the secretariat to the Arbitral Tribunal.
  2. Further advance payments may be required if and when any adjustments are made to the arbitration costs in the course of the proceedings.
  3. The advance on arbitration costs, as well as the additional advance on arbitration costs, shall be payable in equal shares by Claimant and Respondent. However, any party shall be free to pay the whole of the advance on arbitration costs should the other party fail to pay its share.
  4. Where a counterclaim or a Request for Intervention is filed, the secretariat may, at the request of the parties or one of them, or on its own motion, fix separate advances on arbitration costs for the principal claim, the counterclaim and the Request for Intervention.When the secretariat has set separate advances on arbitration costs, each of the parties shall pay the advance on arbitration costs corresponding to its principal claim, counterclaim or Request for Intervention. The Arbitral Tribunal shall proceed only with respect to those claims or counterclaims in regard to which the advance on arbitration costs has been fully paid.
  5. When the advance on arbitration costs exceeds € 50.000,00 an irrevocable first demand bank guarantee may be posted to cover such payment.
  6. When a request for an additional advance on arbitration costs has not been complied with, and after consultation with the Arbitral Tribunal, the secretariat may direct the Arbitral Tribunal to suspend its work and set a time limit, which must be not less than fifteen days, on the expiry of which the relevant claims or counterclaims on the basis of which the additional advance was calculated shall be considered as withdrawn. A party shall not be prevented on the grounds of such a withdrawal from reintroducing the same claim or counterclaim at a later date in another proceeding.

Article 36. – Decisions on Arbitration Costs and Parties’ Costs
  1. The arbitration costs shall be finally fixed by the secretariat.
  2. The final Award shall decide which of the parties shall finally bear the arbitration costs, as definitively determined by the secretariat, or in what proportion they shall be borne by the parties.
  3. The final Award may also decide which of the parties shall finally bear the parties’ costs or in what proportion they shall be borne by the parties.
    When the parties have reached an agreement on the allocation of the arbitration costs and parties’ costs, the Award shall record such agreement.

FINAL PROVISIONS

Article 37. – Limitation of liability
  1. Except in the case of fraud, the arbitrators shall not incur any liability for any act or omission when carrying out their functions of ruling on a dispute.
  2. For any other act or omission in the course of an arbitration proceeding, the arbitrators, CEPANI and its members and personnel shall not incur any liability except in the case of fraud or gross negligence.

Article 38. – Residual provision
Unless otherwise agreed by the parties, for all issues that are not specifically provided for herein the Arbitral Tribunal and the parties shall act in the spirit of the Rules and shall make every reasonable effort to make sure that the Award is enforceable at law.
Gerichthof der Menschen
Balexert Tower, 18, Avenue Louis-Casaï, [CH-1209] GENEVA
Zurück zum Seiteninhalt | Zurück zum Hauptmenü