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Milan Chamber of Commerce - International Arbitration Rules
Milan Chamber of Commerce
copy @ Lex Mercatoria
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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"Treaties": international trade instruments
Private International Commercial Law
International Commercial Arbitration & other dispute settlement
International Tax & Financial Regulation
Carriage Transport & Maritime Law
Electronic Commerce and Encryption
International Criminal Law including Anti-Corruption and Cross Border Crime
International Life Sciences & Bio-Sciences