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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
ANNEXE "A"
1. The value of the dispute shall be the sum of all the claims filed by the parties that aim at obtaining a declarative order, an order to pay or perform or an order that establishes a new juridical situation.
2. Where a party files primary and subsidiary claims, only the primary claims shall be taken into account for determining the value of the dispute.
3. Where it is necessary to make a preliminary estimate of several alternative claims, rather than subordinate claims, filed by the parties in order to determine the subject matter of a claim or claim for set-off, the value of the dispute shall be determined on the basis of the sum of these claims.
4. Where a party seeks ascertainment of a debt while only seeking a declarative order, an order to pay or perfo rm or an order that modifies the existing juridical situation with respect to a part thereof, the value of the claim shall be the total amount of the debt to be ascertained.
5. The value of a debt claimed as set-off shall not be calculated if it is lower than or equal to the debt claimed by the other party. If it is higher, only the value in excess shall be calculated.
6. Where a party modifies the value of its claims when filing its conclusions, the value of the claims shall be calculated with respect to the claims that the Arbitral Tribunal has examined.
7. Where the value of the dispute is undetermined and undeterminable, the Chamber of Arbitration shall determine it in equity.
8. The Chamber of Arbitration may determine the value of the dispute according to criteria other than those provided for in the above paragraphs, where the application of the criteria in the above paragraphs is manifestly unjust.
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