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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
VI COSTS OF THE PROCEEDINGS
1. The Arbitral Council shall make a final determination of the costs of the proceedings before the award is filed.
2. The Arbitral Tribunal shall be inconstituted of the determination of the costs by the Arbitral Council and shall refer thereto in the decision on the costs in the award. The determination by the Arbitral Council shall not affect the decision of the Arbitral Tribunal as to the apportionment of the costs among the parties.
3. Where the proceedings end before the Arbitral Tribunal is constituted, the Secretariat shall finally determine the costs of the proceedings.
4. The costs of the proceedings shall include:
a. fees of the Chamber of Arbitration;
b. fees of the Arbitral Tribunal;
c. fees of the expert witnesses to the arbitral body;
d. reimbursement of expenses of the arbitrato rs;
e. reimbursement of expenses of the expert witnesses to the arbitral body.
5. The fees of the Chamber of Arbitration for administering the proceedings shall be determined on the basis of the value of the dispute in accordance with the Schedule of Fees annexe d to these Rules. Where the proceedings end before the award is rendered, lower fees may be determined. The activities included and excluded, respectively, in the fees of the Chamber of Arbitration are indicated in Annexe B to these Rules.
6. The fees of the Arbitral Tribunal shall be determined on the basis of the value of the dispute in accordance with the Schedule of Fees annexed to these Rules. When determining the fees of the Arbitral Tribunal, the Arbitral Council shall take into account the work done, the complexity of the dispute, the rapidity of the proceedings and any other circumstance. Different fees may be established for each member of the Arbitral Tribunal. Lower fees than the minimum fees provided for in the Schedule may be determined where the proceedings end before the award is rendered; fees in excess of the Schedule may be determined in exceptional cases .
7. The fees of the expert witnesses to the arbitral body shall be determined in equity, taking into account the schedule of fees of their profession, the court schedule of fees and any other circumstance.
8. The reimbursement of the expenses of arbitrators and expert witnesses to the arbitral body shall be against documents proving such expenses. If such documents are lacking, the expenses shall be deemed to be included in the fees.
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