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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

Milan Chamber of Commerce - International Arbitration Rules

VI ­ COSTS OF THE PROCEEDINGS

Art. 40 ­ 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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