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Milan Chamber of Commerce - International Arbitration Rules

Standard Arbitration Clauses

Clause for Sole Arbitrator

Clause for Arbitral Tribunal

Clause for Multi-Party Arbitration

Submission Agreement(3)

PREAMBLE-The Bodies

The Chamber of Arbitration

The Arbitral Council

The Secretariat

TITLE I - Commencement of the Preceedings

Art. 1 - Arbitration Agreement

Art. 2 - Request for Arbitration

Art. 3 - Statement of Defence and Counterclaim by Defendant

Art. 4 - Deposit on the Costs of the Proceedings

TITLE II - The Arbitrator

Art. 5 - Appointment of the Arbitrator

Art. 6 - Acceptance and Statement of Independence by the Arbitrator

Art. 7 - Replacement of the Arbitrator in Case of Challenge, Resignation, Impossibilityor Obstructive Behaviour

TITLE III-The Proceedings

Art. 8 - Transmission of the File to the Arbitrator

Art. 9 - Arbitral Jurisdiction

Art. 10 - Connected Disputes

Art. 11 - Seat of the Arbitration

Art. 12 - Language of the Arbitration

Art. 13 - Norms Applicable to the Merits

Art. 14 - Urgent Measures

Art. 15 - Rules Governing the Proceedings and the Taking of Evidence

Art. 16 - Hearings and Minutes

Art. 17 - Settlement in the Course of the Proceedings

TITLE IV-The Award and Costs

Art. 18 - Deliberation and Signing of the Award

Art. 19 - Contents of the Award

Art. 20 - Partial Award

Art. 21 - Time Limit for Filing the Award: Suspensions and Extensions

Art. 22 - Costs of the Proceedings and Payments

TITLE V-General Provisions

Art. 23 - Scope and Application of the Rules

Art. 24 - Notices and Time Limits

Art. 25 - Filing of Acts and Documents by the Parties

Art. 26 - Restitution and Keeping of Acts

Art. 27 - Obligation to Preserve Confidentiality

Art. 28 General rule

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

Milan Chamber of Commerce - International Arbitration Rules

Milan Chamber of Commerce

copy @ Lex Mercatoria

Milan Chamber of Commerce - International Arbitration Rules

TITLE III-The Proceedings

Art. 15 - Rules Governing the Proceedings and the Taking of Evidence

1. The rules applicable to the procedureshall be those established by the parties before the arbitral body is formed,by these Rules or, in the silence of the Rules, by the arbitrator.

2. Where the nature of the dispute allows,the arbitrator shall attempt a conciliation between the parties at thefirst hearing. This conciliation attempt may be renewed at any moment inthe evidence taking phase.

3. The arbitrator may gather evidenceboth on his own initiative and at the request of a party, in full compliancewith the principle of adversarial proceedings.

4. The arbitrator may hear the partiesdirectly and admit witness evidence, also in writing.

Where witness evidence is admitted, the interested partiesshall arrange that the witnesses are present on the day and place of thehearing. The arbitrator may authorize or request interpreters or translatorsfor the hearing of witnesses. If a witness is absent without just reason, he may not be subsequentlyheard unless the interested party requests so and the arbitrator agrees.

5. The arbitrator may appoint one ormore expert witnesses for the arbitral body, define their mission, receivetheir reports and hear them in adversarial proceedings with any party-appointedexpert witness. At the request of the arbitrator, the expert witness for the arbitral bodymay also be appointed by the Arbitral Council. The provisions of Arts. 6 and 7 on the acceptance by and the replacementof the arbitrator apply, in so far as they are compatible, to the expertwitness for the arbitral body. The Chamber of Arbitration shall ascertain that the fees of the expertwitness for the arbitral body are determined according to the scheduleof his professional association.

6. When the evidence taking phase isconcluded, the arbitrator may set a time limit for filing final statementsand a last hearing for oral discussion.

7. Where an arbitral tribunal has beenappointed, the tribunal may delegate the evidence taking to its Presidentor one of its members.

8. If the parties so request, the arbitratormay decide on the basis of documents only, in full compliance with theprinciple of adversarial proceedings.


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( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.

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Lex Mercatoria