Arbitration proceeding in 4 steps

STEP 1 - INITIATION OF THE PROCEEDING

CLAIMANT

  • SUBMITS A REQUEST FOR ARBITRATION OR STATEMENT OF CLAIM;
  • APPOINTS AN ARBITRATOR AT THE TIME OF SUBMITTING THE REQUEST FOR ARBITRATION OR STATEMENT OF CLAIM, OR AT THE TIME OF MAKING THE PAYMENT FOR THE COSTS OF ARBITRATION;
  • IS REQUESTED TO PAY WITHIN TWO MONTHS:
    • REGISTRATION FEE
    • THE COSTS OF ARBITRATION;

SECRETARIAT

  • CALCULATES AND CONTROLS ТHE PAYMENTS OF FEES AND ARBITRATION COSTS;
  • DELIVERS THE REQUEST FOR ARBITRATION OR STATEMENT OF CLAIM TO THE RESPONDENT FOR ANSWER;

RESPONDENT

  • SUBMITS AN ANSWER TO THE REQUEST FOR ARBITRATION OR STATEMENT OF CLAIM WITHIN 30 DAYS, IN WHICH IT APPOINTS AN ARBITRATOR;
  • IN ITS ANSWER TO THE STATEMENT OF CLAIM, THE RESPONDENT MAY SUBMIT A COUNTERCLAIM;

STEP 2 - COMPOSITION OF THE ARBITRAL TRIBUNAL

A DISPUTE SHALL BE RESOLVED BY:

  • A SOLE ARBITRATOR – WHEN THE PARTIES HAVE AGREED SO, OR WHEN THE SUM IN DISPUTE IS BELOW EUR 50.000
  • ARBITRAL TRIBUNAL (CONSISTING OF THE PRESIDENT OF ARBITRAL TRIBUNAL AND TWO ARBITRATORS) – IN ALL OTHER CASES

APPOINTMENT OF THE ARBITRAL TRIBUNAL

CLAIMANT / RESPONDENT

  • CLAIMANT APPOINTS AN ARBITRATOR AT THE TIME OF SUBMITTING ITS REQUEST FOR ARBITRATION OR STATEMENT OF CLAIM, OR AT THE TIME OF MAKING THE PAYMENT OF THE ARBITRATION COSTS
  • RESPONDENT APPOINTS AN ARBITRATOR IN ITS ANSWER TO THE REQUEST OR STATEMENT OF CLAIM
  • PARTIES MAY LEAVE THE APPOINTMENT TO THE ARBITRATION

PRESIDENT OF ARBITRATION

  • APPOINTS THE ARBITRATORS:
    • IF THE PARTIES FAIL TO APPOINT ARBITRATORS;
    • IF THE PARTIES LEAVE THE APPOINTMENT TO THE ARBITRATION;
    • IF ONE OR BOTH PARTIES FAIL TO APPOINT ANOTHER ARBITRATOR WITHIN 15 DAYS FROM THE DATE ON WHICH THEY WERE INVITED TO DO SO;
    • IF PARTY MAKES TWO CONSECUTIVE APPOINTMENTS OF PERSONS WHO REFUSE THE APPOINTMENT;
    • IF THE APPOINTED ARBITRATORS FAIL TO APPOIINT THE PRESIDENT OF THE ARBITRAL TRIBUNAL WITHIN 15 DAYS;
    • IF THE APPOINTED ARBITRATORS MAKE TWO CONSECUTIVE APPOINTMENTS OF PERSONS WHO REFUSE THE APPOINTMENT;

APPOINTED ARBITRATORS

  • APPOINTED ARBITRATORS (BY CLAIMANT AND RESPONDENT) SHALL APPOINT THE PRESIDENT OF THE ARBITRAL TRIBUNAL

APPOINTMENT OF SOLE ARBITRATOR

CLAIMANT / RESPONDENT

  • SOLE ARBITRATOR MAY BE APPOINTED BY MUTUAL CONSENT OF THE PARTIES WITHIN 15 DAYS FROM THE DATE OF THE ANSWER TO THE REQUEST FOR ARBITRATION OR THE STATEMENT OF CLAIM;
  • PARTIES MAY AGREE TO LEAVE THE APPOINTMENT TO THE ARBITRATION;

PRESIDENT OF ARBITRATION

  • APPOINTS THE SOLE ARBITRATOR:
    • IF THE PARTIES FAIL TO CHOOSE A SOLE ARBITRATOR BY MUTUAL CONSENT WITHIN 15 DAYS;
    • IF THE PARTIES LEAVE THE APPOINTMENT TO THE ARBITRATION;

CONFIRMATION OF APPOINTMENT BY THE BOARD

THE APPOINTMENT OF THE SOLE ARBITRATOR OR MEMBERS OF THE ARBITRAL TRIBUNAL PROPOSED BY THE PARTIES WILL BE SUBJECT TO CONFIRMATION BY THE BOARD.

STEP 3 - HEARING

  • A HEARING SHALL ALWAYS BE HELD WHEN A PARTY REQUESTS SO
  • IF THE ARBITRATORS DETERMINE THAT THE WRITTEN SUBMISSIONS AND EVIDENCE ARE SUFFICIENT TO MAKE AN AWARD WITHOUT HOLDING A HEARING, AND IF THE PARTIES DO NOT REQUEST OTHERWISE, THE ARBITRATORS SHALL MAKE THE AWARD WITHOUT HOLDING A HEARING, ON THE BASIS OF THE SUBMITTED EVIDENCE.

STEP 4 - TERMINATION OF THE ARBITRAL PROCEEDINGS

THE AWARD

  • THE ARBITRAL TRIBUNAL SHALL MAKE THE AWARD BY UNANIMOUS OR MAJORITY VOTE;
  • АRBITRAL PROCEEDINGS SHALL BE COMPLETED WITHIN 6 MONTHS FROM THE DATE OF CONSTITUTION OF THE ARBITRAL TRIBUNAL OR THE APPOINTMENT OF THE SOLE ARBITRATOR;
  • THE PARTIES MAY REQUEST CORRECTION OF ANY COMPUTATIONAL, TYPOGRAPHICAL OR CLERICAL ERRORS IN THE AWARD, AS WELL AS INTERPRETATION OF THE AWARD, WITHIN 30 DAYS FROM THE RECEIPT OF THE AWARD;

THE CONFIRMATION OF ENFORCEABILITY

  • UPON REQUEST OF A PARTY, THE ENFORCEABILITY OF THE AWARD SHALL BE CONFIRMED BY THE SECRETARIAT OF THE ARBITRATION;

EFFECT AND ENFORCEMENT OF THE AWARD

  • THE ARBITRAL AWARD SHALL BE FINAL;
  • ARBITRAL AWARD IS SUBJECT TO NO APPEAL;
  • ARBITRAL AWARD SHALL HAVE THE FORCE OF A FINAL JUDGMENT OF A COURT OF LAW;