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Milan Chamber of Commerce - International Arbitration Rules
STANDARD ARBITRATION AGREEMENTS
Standard Arbitration Agreements
PREAMBLE - THE CHAMBER OF ARBITRATION
Tasks and bodies of the Chamber of Arbitration
The Arbitral Council
The Secretariat
I GENERAL PROVISIONS
Art. 1 Scope of application
Art. 2 Rules applicable to the proceedings
Art. 3 Rules applicable to the merits of the dispute
Art. 4 Seat of the arbitration
Art. 5 Language of the arbitration
Art. 6 Filing and sending of acts
Art. 7 Time limits
Art. 8 Confidentiality
Art. 9 Arbitration governed by Italian law
II COMMENCEMENT OF THE PROCEEDINGS
Art. 10 Request for arbitration
Art. 11 Statement of defence
Art. 12 Counterclaim
Art. 13 Admissibility of the arbitral proceedings
III - THE ARBITRAL TRIBUNAL
Art. 14 Number of arbitrators
Art. 15 Appointment of arbitrators
Art. 16 Appointment of arbitrators in multi -party arbitration
Art. 17 Incompatibility
Art. 18 Acceptance by arbitrators
Art. 19 Statement of independence and confirmation of arbitrators
Art. 20 Challenge of arbitrators
Art. 21 Replacement of arbitrators
Art. 22 Lack of jurisdiction of the Arbitral Tribunal
Art. 23 Irregular appointment of the Arbitral Tribunal
IV THE PROCEEDINGS
Art. 24 Constitution of the Arbitral Tribunal
Art. 25 Powers of the Arbitral Tribunal
Art. 26 Orders of the Arbitral Tribunal
Art. 27 Hearings
Art. 28 Evidence taking
Art. 29 Expert witnesses
Art. 30 New claims
Art. 31 Conclusions
Art. 32 Settlement and withdrawal
V THE ARBITRAL AWARD
Art. 33 Deliberation of the award
Art. 34 Form and contents of the award
Art. 35 Filing and notification of the award
Art. 36 Time limit for filing the final award
Art. 37 Partial award and interim award
Art. 38 Correction of the award
VI COSTS OF THE PROCEEDINGS
Art. 39 Value of dispute
Art. 40 Costs of the proceedings
Art. 41 Advance and final payments
Art. 42 Failure to pay
VII PROVISIONAL PROVISIONS
Art. 43 Entry into force
ANNEXE "A"
Criteria for determining the value of the dispute
ANNEXE "B"
Fees of the Chamber of Arbitration: included and excluded activities
CODE OF ETHICS OF ARBITRATORS
Art. 1 Acceptance of the Code of Ethics
Art. 2 Party -appointed arbitrator
Art. 3 Competence
Art. 4 Availability
Art. 5 Impartiality
Art. 6 Independence
Art. 7 Statement of impartiality and independence
Art. 8 Development of the proceedings
Art. 9 Unilateral contacts
Art. 10 Settlement
Art. 11 Deliberation of the award
Art. 12 Costs
Art. 13 Violation of the Code of Ethics
Schedule of Fees
Schedule of Fees in Euros
Arbitral Council and Secretariat
ARBITRAL COUNCIL
Secretariat 20040101
Metadata
SiSU Metadata, document information
Manifest
SiSU Manifest, alternative outputs etc.
Milan Chamber of Commerce - International Arbitration Rules, 2004
Milan Chamber of Commerce
copy @ Lex Mercatoria
III - THE ARBITRAL TRIBUNAL
1. The arbitrators shall be appointed in accordance with the rules established by the parties in the arbitration agreement.
2. Unless otherwise agreed in the arbitration agreement, the sole arbitrator shall be appointed by the Arbitral Council.
3. Where the parties have agreed on the common appointment of the sole arbitrator without indicating a time limit therefor, this time limit shall be set by the Secretariat. If the parties fail to reach an agreement, the sole arbitrator shall be appointed by the Arbitral Council.
4. Unless otherwise agreed in the arbitration agreement, the arbitral panel shall be appointed in the following manner:
a. Each party shall appoint an arbitrator in the request for arbitration and the statement of defence, respectively; if a party fails to do so, the arbitrator shall be appointed by the Arbitral Council.
b. The President of the Arbitral Tribunal shall be appointed by the Arbitral Council. The parties may, however, provide that the President be appointed by common agreement of the two arbitrators appointed by the parties. If the two arbitrators fail to reach an agreement within the time limit indicated by the parties or set by the Secretariat where the parties have not indicated it, the President shall be appointed by the Arbitral Council.
5. Where the parties have different nationalities or are domiciled in different countries, the Arbitral Council shall appoint as sole arbitrator or President of the Arbitral Tribunal a person of a nationality other than that of the parties, unless otherwise agreed by the parties.
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