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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 IV-The Award and Costs

Art. 22 - Costs of the Proceedings and Payments

1. The costs of the proceedings shallbe determined by the Arbitral Council. They shall include:

a) the registration fees paid by claimant when filingthe Request and by defendant together with its Statement of Defence;

b) the administrative fees due to the Secretariat ofthe Chamber of Arbitration for its activities;

c) the fees (and reimbursement of expenses) of the arbitrator,determined on the basis of the economic value of the dispute and the annexedSchedule, taking into account the complexity of the dispute, the rapidityof the proceedings and the work done by the arbitrator. In case of a tribunal,the Arbitral Council may establish different fees for the members of thearbitral tribunal, in particular for the President with respect to theother members;

d) the fees (and reimbursement of expenses) of the expertwitness for the arbitral body.

2. The Secretariat may request to theparties, apart from the initial deposit under Art. 4, further advance paymentson the costs to be finally determined by the Arbitral Council.

3. The parties shall make equal paymentsuntil the end of the proceedings, with the exception of the case whereseparate deposits are requested as provided for in Art. 4.2 of these Rules.

Where a party does not make a requested payment withinthe time limit given therefor, the payment may be made by the other party.In such case, this sum shall be credited in the award to the party whichhas paid.

4. If any of the payments requested duringthe proceedings is not made, the Chamber of Arbitration shall suspend theproceedings. The time limit shall start running again when the paymentis made. Where a payment is not made within six months of having been requested,the Arbitral Council may declare that the request to which the paymentrefers has been withdrawn.

5. Where the proceedings end before theaward is rendered, the Arbitral Council shall determine the costs of theproceedings, taking into account the moment when the proceedings have endedand the work done.

6. If the dispute or the proceedingsare extraordinarily complex, the Arbitral Council may determine the costsof the proceedings in excess of the Schedule.


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

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1993 - 2010

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