Milan Chamber of Commerce - International Arbitration Rules
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All disputes arising out of the present contract (1),including those concerning its validity, interpretation, performance andtermination, shall be referred to a sole arbitrator according to the InternationalArbitration Rules of the Chamber of National and International Arbitrationof Milan, which the parties declare that they know and accept in theirentirety.
The sole arbitrator shall decide according to the norms ... (2).
The language of the arbitration shall be ...
All disputes arising out of the present contract (1),including those concerning its validity, interpretation, performance andtermination, shall be referred to an arbitral tribunal consisting of threearbitrators, one being the President, according to the International ArbitrationRules of the Chamber of National and International Arbitration of Milan,which the parties declare that they know and accept in their entirety.
The arbitrators shall decide according to the norms ... (2).
The language of the arbitration shall be ...
All disputes arising out of the present contract (1),including those concerning its validity, interpretation, performance andtermination, shall be settled, independent of the number of the parties,by an arbitral tribunal consisting of three arbitrators, one being thePresident, directly appointed by the Chamber of National and InternationalArbitration of Milan, the International Arbitration Rules of which theparties declare that they know and accept in their entirety.
The arbitrators shall decide according to the norms ... (2).
The language of the arbitration shall be ...
The undersigned (4).......... and ........., considering that a dispute has arisen betweenthem concerning (5) ...........
agree to refer this dispute to the decision of (6)....., according to the International Arbitration Rules of the Chamberof National and International Arbitration of Milan, which the parties declarethat they know and accept in their entirety.
The arbitrator(s) shall decide according to the norms ... (2).
The language of the arbitration shall be ...
(1) Where the arbitration clause is contained in a document other thanthe contract to which it pertains, the contract referred to shall be indicated.
(2) The parties may indicate the norms applicable to the merits of thedispute; alternatively, they may provide that the arbitrator decide exaequo et bono.
(3) The submission agreement is an agreement concluded where the disputehas already arisen between the parties and no arbitration clause has beenpreviously concluded.
(4) Indicate the name and domicile (seat, if a company) of the parties.
(5) Indicate (in a general manner) the subject matter of the dispute, referringif necessary to the contract out of which the dispute arises.
(6) Indicate the number of the arbitrators (one or three).
1. The Chamber of National and InternationalArbitration of Milan, an entity of the Chamber of Commerce of Milan, doesnot adjudicate disputes: it administers arbitral proceedings under theseRules through its bodies.
The Chamber of Arbitration also provides technical and contractual expertiseand conciliation services on national and international contracts.
Upon request, the Chamber of Arbitration appoints arbitratorsand experts in arbitral proceedings not administered according to theseRules.
2. The Chamber of Arbitration appliesthese Rules through its Arbitral Council and Secretariat.
3. The Chamber of Arbitration is anAppointing Authority under the Arbitration Rules of the United NationsCommission for International Trade Law (UNCITRAL).
At the request of the parties, the Chamber of Arbitration administers arbitralproceedings according to the UNCITRAL Rules.
1. The Arbitral Council is composed ofa Honorary President, an Executive President and five members appointedfor three years by the Board of the Chamber of Commerce of Milan.
A maximum of two foreign members may be co-opted and appointed by the Boardof the Chamber of Commerce of Milan.
The members of the Arbitral Council may not be appointed as arbitratorsin proceedings administered by the Chamber of Arbitration.
2. The Arbitral Council administers thearbitral proceedings held under these Rules.
In particular, it may:
- exercise a preliminary control on the existence andvalidity of the arbitration agreement and take measures on jurisdictionand connected proceedings where the arbitral body has not yet been formed;
- appoint, replace and decide on the challenge of arbitrators;
- extend the time limit for filing the arbitral award;
- determine the costs of the proceedings.
3. The meetings of the Arbitral Councilare valid where half of its members plus one are present; the Council deliberatesby majority of the members present. In case of deadlock, the vote of theHonorary President or his deputy shall prevail.
The Secretariat assists the Arbitral Council and performs the administrativetasks indicated in these Rules.
* it receives the Request for Arbitrationand ascertains whether it meets all requirements;
* it receives all procedural acts, ascertainstheir regularity and forwards them, in full compliance with the principleof adversarial proceedings;
* it gives logistical support in theproceedings to the arbitrator;
* it may request deposits on the costsof the proceedings, which are finally determined by the Arbitral Council.
1. The arbitral procedure laid down inthese Rules shall apply where the parties have concluded an arbitrationagreement referring to the Chamber of Commerce of Milan or the Chamberof Arbitration of Milan or its Rules.
2. Where a party raises an objectionas to the existence or validity of the arbitration agreement before thearbitral body has been formed, the Arbitral Council shall decide on thematter and declare whether the arbitration may proceed.
If the arbitration proceeds, the arbitrator shall decideon his jurisdiction at the first hearing.
3. Where there is no arbitration agreementor the arbitration agreement does not contain at least one of the indicationsunder para. 1 of this Article, the party wishing nonetheless to commencearbitration according to the Rules of the Chamber of Arbitration of Milanmay request to do so by filing a Request for Arbitration with the Chamberof Arbitration according to Art. 2 of these Rules.
If the other party does not agree with this requestwithin thirty days of receiving the Request for Arbitration, the Secretariatinforms the requesting party that the arbitration cannot take place.
1. The party wishing to commence proceedingsshall file a signed Request for Arbitration with the Chamber of Arbitration,containing:
a) the name and address of the parties and their domicilefor the proceedings, if any;
b) the document containing the clause or submissionor, in the case indicated under Art. 1.3 of these Rules, the request tothe other party to accept arbitration before the Chamber of Arbitrationof Milan;
c) all indications, if any, as to the language ofthe arbitration, the norms applicable to the merits of the dispute or theex aequo et bono decision;
d) a description of the facts and claims and a (summary)indication of the economic value of the dispute, if possible;
e) the evidence, if any, in support of its claim andany document which the party deems appropriate to enclose;
f) the designation of the arbitrator or all indicationsnecessary for selecting him;
g) the original power of attorney to counsel, if any.
2. The Request for Arbitration shallbe filed with the Chamber of Arbitration as follows: one original for theChamber of Arbitration and one for each defendant, plus as many copiesas are the arbitrators.
When filing the Request, claimant shall pay the registrationfee indicated in the annexed Schedule.
3. Where the document under b) is lackingor the other party does not accept arbitration in the case under Art. 1.3of these Rules, the Secretariat shall declare that the arbitration cannottake place.
4. The Secretariat shall forward theRequest for Arbitration to the other party through a bailiff, by registeredmail with advice of receipt or by any other means allowing for a proofthat the notice has been received.
1. Within thirty days of receiving theRequest, defendant shall file its signed Statement of Defence with theChamber of Arbitration, containing:
a) the name and address of defendant and its domicile for the proceedings,if any;
b) all indications, if any, as to the language ofthe arbitration, the norms applicable to the merits of the dispute or theex aequo et bono decision;
c) its defence and all counterclaims, if any, with a(summary) indication of their economic value;
d) the evidence, if any, in support of its defence andcounterclaim and any document which the party deems appropriate to enclose;
e) the designation of the arbitrator or all necessaryindications for selecting him;
f) the original power of attorney to counsel, if any.
2. The Statement of Defence by defendantshall be filed with the Chamber of Arbitration as follows: one originalfor the Chamber of Arbitration and one for each opposing party, plus asmany copies as are the arbitrators.
When filing its Statement, defendant shall pay the registrationfee indicated in the annexed Schedule.
3. In case of counterclaim by defendant,claimant may file a Reply within thirty days of receiving notice of thecounterclaim.
4. The Secretariat shall forward theStatement of Defence by defendant to the other party through a bailiff,by registered mail with advice of receipt or by any other means allowingfor a proof that the notice has been received.
1. The Secretariat shall give a provisionalestimate of the economic value of the dispute on the basis of the documentsmentioned in Arts. 2 and 3, and request the parties to pay an equal partof the deposit on the costs of the proceedings as indicated in Art. 22of the Rules.
The economic value of the dispute shall be estimatedon the basis of all the claims presented by all the parties and their economicvalue.
2. Where one or more counterclaims havebeen filed, the Secretariat may request the parties to pay separate depositsfor the main claim and the counterclaim.
3. Where the value of the dispute isinitially undetermined, the deposit on the costs of the proceedings tobe paid by the parties shall be determined by the Secretariat.
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.
1. Within ten days of receiving noticeof his appointment from the Chamber of Arbitration, the arbitrator shallgive notice of his acceptance to the Chamber.
2. When giving notice of his acceptance,the arbitrator shall state in writing:
- any relationship with the parties or their counselwhich may affect his independence and impartiality;
- any personal or economic interest, either direct orindirect, in the subject matter of the dispute;
- any prejudice or reservation as to the subject matterof the dispute which may affect his impartiality.
Where necessary, due to supervening facts, this Statementshall be repeated in the course of the arbitral proceedings until the awardis filed.
3. A new arbitrator, replacing the party-designatedarbitrator who has not accepted the mandate shall again be designated bythe party, within ten days of the notification of non-acceptance.
1. Within ten days of receiving noticeof the Statement of the Arbitrator provided for in Art. 6, or of becomingaware of a new ground, each party may, under pain of expiry, file a reasonedchallenge against the arbitrator with the Secretariat.
The Arbitral Council shall render a final decision onthe challenge, after having heard the arbitrator, which may also be onlyin writing.
The Arbitral Council may remove the arbitrator on its own initiative.
2. The arbitrator may resign in the courseof the proceedings for serious reasons, by giving written notice thereofto the Arbitral Council.
3. The arbitrator shall be replaced incase of death or supervening impossibility.
4. In case of obstructive behaviour bythe arbitrator, such as inactivity, unjustified delay or negligence inperforming his tasks, the Arbitral Council shall issue a first warningin writing. If the arbitrator still does not fulfil his duties, the Councilshall remove him and appoint another arbitrator in his place.
5. In all cases of replacement providedfor in this Article, the Arbitral Council shall decide on the manner ofappointment of the new arbitrator and determine the fees due to the arbitratorwho has been replaced, taking into account the work done.
6. In all cases of replacement of thearbitrator provided for in the present Article, the new sole arbitratoror the new Arbitral Tribunal shall decide whether to repeat all or someof the acts in the proceedings. Where all acts are to be repeated, thetime limit for rendering the award starts running ex novo from the momentin which the renewal order has been issued.
The Secretariat shall forward the Request for Arbitration and the Statementof Defence by defendant to the arbitrator, together with all annexed documents,only after the parties have paid the initial deposit provided for in Art.4.
Arbitral jurisdiction is deemed accepted if defendantdoes not expressly object to it within the time limit provided for in Art.3.1.
Where more than one proceedings are commenced before the Chamberof Arbitration on connected disputes, the Arbitral Council may, beforethe first hearing before the arbitral body, suggest to the parties thatthe proceedings be consolidated and referred to an arbitral body appointedby the Council.
In the absence of an agreement by the parties, the seat of the arbitrationis at the seat of the Chamber of Arbitration of Milan, unless the ArbitralCouncil, taking into account special requests by the parties or the characteristicsof the arbitration, determines a different seat before the first hearingbefore the arbitral body.
The arbitrators may further decide that hearings or single procedural actstake place in a place other than the seat.
1. Where the parties have not agreedon a language within the time limit provided for filing the Statement ofDefence by defendant, the language in which the arbitration is to be heldshall be determined by the arbitrator, taking into account the circumstancesof the arbitration, among others, the language of the contract under whichthe dispute arises and the language of the correspondence between the parties,in such a manner as to guarantee that the interests of all parties arefully protected.
2. The acts in the arbitral proceedingsprecedent to the determination by the arbitrators shall be drawn up inor translated into the language of the contract.
3. The arbitrator may authorize or requesttranslations or interpretations of single acts of the parties.
The parties may, also after commencement of the proceedings, agreeon the norms applicable to the merits of the dispute or provide that thearbitrator decide ex aequo et bono.
If the parties are silent, the arbitrator shall apply the law with whichthe contract has its closest connection. In any case the arbitrator shall take into account the provisions of thecontract and trade usages.
1. If this is allowed under the applicablelaw, the parties may request the arbitrator to issue urgent measures, alsoin the form of a partial award, in order to prevent events related to theobject of the dispute which otherwise could not be avoided.
2. The arbitrator may make the measureconditional upon a bond, guarantee or other security to be given by therequesting party.
3. The parties shall comply with themeasure forthwith, or in any case within the time limit set therein.
4. A request by a party to the JudicialAuthority to issue an urgent measure is not to be deemed incompatible withthe arbitration agreement.
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.
1. The date of the hearings shall bedetermined by the arbitrator and communicated to the parties with adequatenotice.
2. The parties may appear at the hearingseither in person or through duly empowered representatives, or be assistedby counsel with power of attorney.
If a party does not appear at the hearing without just reason, the arbitratorshall ascertain whether it was duly summoned and may then proceed withthe hearing.
Otherwise, he shall arrange that the party is summonedagain.
3. The arbitrator shall make minutesof all hearings and evidence taking activity; the Secretariat shall forwarda copy of the minutes to the parties.
1. If the parties reach a settlementbefore the arbitral body is formed, they shall give notice thereof to theSecretariat, which terminates the proceedings.
2. If the parties reach a settlementafter the arbitral body has been formed, the arbitrator shall make a report,signed by the parties, which relieves him from the obligation to renderan award.
If the settlement only concerns part of the dispute,the proceedings continue on the issues not covered by the settlement.
3. The parties may jointly request thearbitrator, who may refuse, to record their settlement in an award.
1. Where an arbitral tribunal hasbeen appointed, the award shall be deliberated by the arbitrators meetingin personal conference or videoconference, also at a place other than theseat of the arbitration, and shall be set down in writing. The decision shall be taken unanimously or by majority vote or, where nomajority is possible, by the President of the arbitral tribunal.
2. The award may be signed by the membersof the arbitral tribunal at different times and places, also abroad. Each signature shall indicate its place, day, month and year.
3. The signatures of the members of thearbitral tribunal may result from different copies of the award, as longas the Secretariat declares them to be true copies of the original.
4. Where the award is signed only bythe majority of the members or by the President of the arbitral tribunal,it shall be expressly declared that the deliberation has taken place inpersonal conference of all members and that the members who did notsign could not or did not wish to.
1. The award shall settle all the issuesof the dispute, and give reasons therefor.
2. The award shall indicate or referto the costs of the proceedings provided for in Art. 22 of the Rules anddetermined by the Arbitral Council of the Chamber.
3. The arbitrator shall apportion thecosts of the proceedings and the legal costs between the parties in theaward.
If, for reasons to be stated in the partial award, he deems that hecan decide separately on some of the issues of the dispute, the arbitratorshall render a partial award.
A partial award does not affect the time limit for renderingthe final award provided for in Art. 21.1, requests for extension excepted.
1. The arbitrator shall file the awardwith the Secretariat of the Chamber of Arbitration within six months ofthe first hearing.
The award shall be filed in as many originals as are the parties plus one.
The Chamber of Arbitration shall forward the award to each party by sendingthe original award by registered mail with advice of receipt or by anyother means allowing for a proof that the notice has been received.
2. The time limit for filing the awardshall be suspended in the case provided for in Art. 22.4 of these Rules.The Arbitral Council may, on its own initiative or at the request of aparty or the arbitrator, suspend the proceedings on any other just ground.
3. The time limit shall be extended onlyby the Arbitral Council on just grounds.
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.
These Rules shall apply to all proceedings commenced after 1st may 1996. Where the parties have not indicated which Rules (Nationalor International) apply to the proceedings, the arbitrator shall decideon the matter, on the basis of the national or international nature ofthe arbitration.
1. Notices shall be sent by all meanscommonly used in business relationships for the sake of rapidity, as longas they allow for a proof of receipt.
2. Notice of an act shall be deemed sentat the place and on the day of delivery to the addressee by the means providedfor in the preceding paragraph.
3. The time limits indicated in theseRules shall run from the date on which notice thereof is received by theaddressee. The initial day shall be excluded from the calculation of time limits. Where the date of expiry falls on a Saturday or a holiday,it shall be prorogated to the first following working day.
1. The parties shall file with the Chamberof Arbitration: one original of each act for the Chamber of Arbitrationand one original for the other party, plus as many copies as there arearbitrators.
2. Photostatic copies of documents maybe filed. Where it is disputed that the copies are true copies of the original,the interested party may request the Secretariat to certify them, by showingthe original.
3. The Secretariat may send copies ofacts and documents, stating that they are trues copies of the original.
4. If the parties do not file the requestednumber of copies, the Secretariat shall make copies at the expense of thefailing party.
Each party may, within three months of the conclusion of the proceedings,request the restitution of the acts it has filed. The Secretariat keepsthe case file for three years after conclusion of the proceedings.
1. The Chamber of Arbitration, the arbitrator,the expert and the parties shall keep all information on the developmentand outcome of the arbitral proceedings confidential.
2. The parties may expressly authorizethe Chamber of Arbitration to publish the award, either in its entiretyor in a totally anonymous form as far as the parties and other personsin the proceedings are concerned.
In all cases not expressly provided for in these Rules, the ArbitralCouncil and the arbitrators shall act according to the general principlesunderlying these Rules, in such a manner as to guarantee to the partiescorrect, transparent and rapid proceedings.