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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 II - The Arbitrator

Art. 5 - Appointment of the Arbitrator

1. Disputes under these Rules shall besettled by a sole arbitrator or by a Tribunal of three arbitrators or more,provided their number is uneven. In the absence of a specific provisionby the parties as to the number of arbitrators, the dispute shall be settledby a sole arbitrator appointed by the Arbitral Council, unless the ArbitralCouncil deems that the dispute, because of its characteristics, is to bereferred to a Tribunal of three arbitrators.

2. Sole Arbitrator

Unless otherwise agreed, the sole arbitrator shall beappointed by the Arbitral Council.

Where the parties have provided for the common designationof the sole arbitrator, such designation shall be made within fifteen daysof the filing of the Statement of Defence by defendant.

If the parties cannot reach an agreement, the arbitrator shall be appointedby the Council.

3. Arbitral Tribunal

Unless otherwise agreed, the Tribunal shall be formedin the following manner:

a) each party shall designate an arbitrator in the Requestfor Arbitration and the Statement of Defence, respectively; if a partyfails to do so, the arbitrator shall be appointed by the Arbitral Council;

b) the third arbitrator, being the President of theTribunal, shall be appointed by the Arbitral Council. The parties may,however, provide that the third arbitrator be designated by common agreementof the two arbitrators designated by the parties. In this case, if thetwo arbitrators fail to reach an agreement within the time limit indicatedby the parties, or set by the Chamber of Arbitration where the partieshave not indicated it, the third arbitrator shall be appointed by the ArbitralCouncil;

c) all the arbitrators who have not been directly appointedby the Arbitral Council (i.e., those designated by the parties and thethird arbitrator designated by common agreement by the two arbitrators)shall be confirmed by the Arbitral Council; if the arbitrator is not confirmed,the new arbitrator shall again be designated by the party or by the twoarbitrators.

4. Where it appoints the sole arbitratoror the President of the Tribunal, the Arbitral Council shall appoint aperson of a nationality other than that of the parties, where they do nothave the same nationality.

5. Plurality of parties

Where there are more than two parties to the arbitrationand their interests contrast and cannot be reduced to two opposing interests,in the absence of a specific provision in the arbitration clause as tothe number or manner of appointment of the arbitrators, the Arbitral Councilshall directly appoint a Tribunal of three arbitrators, one being the Presidentof the Tribunal.

In the presence of a specific provision in the arbitration clause or afactual situation leading to a Tribunal of more than three arbitrators,the Arbitral Council shall appoint as many arbitrators as are needed toobtain in any case an uneven number of arbitrators.


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