CENTER FOR DISPUTE RESOLUTION

The following Procedural Rules govern all Alternative Dispute Resolution (ADR) procedures before the Center for Dispute Resolution (“CEDIRES”), established at Château du Bois d’Angre, Bois d’Angre 6-8, 7133 Buvrinnes (Binche), Belgium (www.cedires.be).  These Rules have been inspired by and are to a large extent based on the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules (as revised in 2010, see www.uncitral.org).

 

 

 

 

 

 

 

 

 

 

Section I.         Introductory rules

 

arbitrators, one arbitrator shall be appointed, except if the appointing authority, at its sole discretion, finds the appointment of three arbitrators more appropriate, depending on the nature and/or complexity of the dispute.

 

Appointment of arbitrators (articles 8 to 10)

 

Article 8

 

1. The appointing authority is at liberty to appoint an arbitrator or arbitrators who is/are or is not/are not member(s) or in any other way affiliated to CEDIRES, taking into account, at its sole discretion, the availability and/or the particular competence and specialization of the arbitrator(s) to be appointed..  The president of the arbitral tribunal shall, in any case, be a lawyer (member of the bar or not).

 

2. The appointing authority shall appoint the arbitrator or arbitrators as promptly as possible.  The appointing authority is at liberty to consult the parties regarding the identity of the arbitrators to be appointed.

 

Article 9

 

1. If three arbitrators are to be appointed, the appointing authority shall appoint three arbitrators.  If the monetary amount at stake appears, at the appointing authority’s sole discretion, to be equal to or higher than 25 million EUR and if both parties agree to each appoint one arbitrator, each party shall appoint one arbitrator. The third arbitrator shall be appointed by the appointing authority and will act as the presiding arbitrator of the arbitral tribunal.

 

2. If within 30 days after the receipt of a partys notification of the appointment of an arbitrator the other party has not notified the first party of the arbitrator it has appointed, the first party may request the appointing authority to appoint the second arbitrator.

 

Article 10

 

1. For the purposes of article 9, paragraph 1, where three arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties, with the approval of the appointing authority, have agreed to another method of appointment of arbitrators, the multiple parties jointly, whether as claimant or as respondent, shall appoint an arbitrator.

 

2. If the parties have agreed that the arbitral tribunal is to be composed of a number of arbitrators other than one or three, the arbitrators shall be appointed at the appointing authority's discretion or according to the method agreed upon by the parties and with the appointing authority’s approval.  The number of arbitrators shall in any case be an uneven number.

 

3. In the event of any failure to constitute the arbitral tribunal under these Rules, the appointing authority shall constitute the arbitral tribunal and, in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrator.

 

Disclosures by and challenge of arbitrators (articles 11 to 13)

 

Article 11

 

When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, from the time of his or her appointment and throughout the arbitral proceedings, shall without delay disclose any such circum­stances to the parties and the other arbitrators unless they have already been informed by him or her of these circumstances.

 

Article 12

 

1. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrators impartiality or independence.

 

2. A party may challenge the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made.

 

3. In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility of his or her performing his or her functions, the procedure in respect of the challenge of an arbitrator as provided in article 13 shall apply.

 

Article 13

 

1. A party that intends to challenge an arbitrator shall send notice of its challenge within 15 days after it has been notified of the appointment of the challenged arbitrator, or within 15 days after the circumstances mentioned in articles 11 and 12 became known to that party.

 

2. The notice of challenge shall be communicated to all other parties, to the arbitrator who is challenged and to the other arbitrators. The notice of challenge shall state the reasons for the challenge.

 

3. When an arbitrator has been challenged by a party, all parties may agree to the challenge. The arbitrator may also, after the challenge, withdraw from his or her office. In neither case does this imply acceptance of the validity of the grounds for the challenge.

 

4. If, within 15 days from the date of the notice of challenge, all parties do not agree to the challenge or the challenged arbitrator does not withdraw, the party making the challenge may elect to pursue it. In that case, within 30 days from the date of the notice of challenge, it shall seek a decision on the challenge by the appointing authority.

 

Replacement of an arbitrator

 

Article 14

 

1. Subject to paragraph 2, in any event where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in articles 8 to 11 that was applicable to the appointment or choice of the arbitrator being replaced. This procedure shall apply even if during the process of appointing the arbitrator to be replaced, a party had failed to exercise its right to appoint or to participate in the appointment.

 

2. If, at the request of a party, the appointing authority determines that, in view of the exceptional circumstances of the case, it would be justified for a party to be deprived of its right to appoint a substitute arbitrator, the appointing authority may, after giving an opportunity to the parties and the remaining arbitrators to express their views: (a) appoint the substitute arbitrator; or (b) after the closure of the hearings, authorize the other arbitrators to proceed with the arbitration and make any decision or award.

 

Repetition of hearings in the event of the replacement of an arbitrator

 

Article 15

 

If an arbitrator is replaced, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the arbitral tribunal decides otherwise.

 

Exclusion of liability

 

Article 16

 

Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, the appointing authority, its members and any person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration.

 

Section III. Arbitral proceedings

 

General provisions

 

Article 17

 

1. Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is given a reasonable opportunity of presenting its case. The arbitral tribunal, in exercising its discretion, shall conduct the proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the parties dispute.

 

2. As soon as practicable after its constitution and after inviting the parties to express their views, the arbitral tribunal shall establish the provisional timetable of the arbitration. The arbitral tribunal may, at any time, after inviting the parties to express their views, extend or abridge any period of time prescribed under these Rules or agreed by the parties.

 

 

 

3. If at an appropriate stage of the proceedings any party so requests, the arbitral tribunal shall hold hearings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument. In the absence of such a request, the arbitral tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials.

 

4. All communications to the arbitral tribunal by one party shall be communicated by that party to all other parties. Such communications shall be made at the same time, except as otherwise permitted by the arbitral tribunal if it may do so under applicable law.

 

5. The arbitral tribunal may, at the request of any party, allow one or more third persons to be joined in the arbitration as a party provided such person is a party to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joiner should not be permitted because of prejudice to any of those parties. The arbitral tribunal may make a single award or several awards in respect of all parties so involved in the arbitration.

 

Place of arbitration

 

Article 18

 

1. If the parties have not previously agreed on the place of arbitration, the place of

Scope of application

 

Article 1

 

1. Where parties have agreed that disputes between them in respect of a defined legal relationship, whether contractual or not, shall be referred to arbitration under the CEDIRES Procedural Rules, then such disputes shall be settled in accordance with these Rules subject to such modification – approved by CEDIRES – as the parties may agree.

 

2. These Rules shall govern the arbitration (or any other method of alternative dispute resolution) except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration (or other method of ADR) from which the parties cannot derogate, that provision shall prevail.

 

Notice and calculation of periods of time

 

Article 2

 

1. A notice, including a notification, communication or proposal, may be transmitted by any means of communication that provides or allows for a record of its transmission.

 

2. If an address has been designated by a party specifically for this purpose or authorized by the arbitral tribunal, any notice shall be delivered to that party at that address, and if so delivered shall be deemed to have been received. Delivery by electronic means such as facsimile or e-mail may only be made to an address so designated or authorized.

 

3. In the absence of such designation or authorization, a notice is:

 

(a) Received if it is physically delivered to the addressee; or

(b) Deemed to have been received if it is delivered at the place of business, habitual residence or mailing address of the addressee.

 

4. If, after reasonable efforts, delivery cannot be effected in accordance with paragraphs 2 or 3, a notice is deemed to have been received if it is sent to the addressees last-known place of business, habitual residence or mailing address by registered letter or any other means that provides a record of delivery or of attempted delivery.

 

5. A notice shall be deemed to have been received on the day it is delivered in accordance with paragraphs 2, 3 or 4, or attempted to be delivered in accordance with paragraph 4. A notice transmitted by electronic means is deemed to have been received on the day it is sent, except that a notice of arbitration so transmitted is only deemed to have been received on the day when it reaches the addressees electronic address.

 

6. For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice is received. If the last day of such period is an official holiday at the residence or place of business of the addressee, or a Saturday or Sunday, the period is extended until the first day which follows. Official holidays (or Saturdays or Sundays) occurring during the running of the period of time are included in calculating the period.

 

Notice of arbitration

 

Article 3

 

1. The party or parties initiating recourse to arbitration (hereinafter called the “claimant”) shall communicate to the other party or parties (hereinafter called the “respondent”) a notice of arbitration.

 

2. Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the respondent.

 

3. The notice of arbitration shall include the following:

 

(a) A demand that the dispute be referred to arbitration;

(b) The names and contact details of the parties;

(c) Identification of the arbitration agreement that is invoked;

(d) Identification of any contract or other legal instrument out of or in relation to which the dispute arises or, in the absence of such contract or instrument, a brief description of the relevant relationship;

(e) A brief description of the claim and an indication of the amount involved, if any;

(f) The relief or remedy sought;

(g) A proposal as to the number of arbitrators, language and place of arbitration, if the parties have not previously agreed thereon.

 

4. The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the sufficiency of the notice of arbitration, which shall be finally resolved by the arbitral tribunal.

 

Response to the notice of arbitration

 

Article 4

 

1. Within 30 days of the receipt of the notice of arbitration, the respondent shall communicate to the claimant a response to the notice of arbitration, which shall include:

 

(a) The name and contact details of each respondent;

(b) A response to the information set forth in the notice of arbitration, pursuant to article 3, paragraphs 3 (c) to (g).

 

2. The response to the notice of arbitration may also include:

 

(a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction;

(b) A brief description of counterclaims or claims for the purpose of a set-off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought;

(c) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

 

3. The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the respondents failure to communicate a response to the notice of arbitration, or an incomplete or late response to the notice of arbitration, which shall be finally resolved by the arbitral tribunal.

 

Representation and assistance

 

Article 5

 

Each party may be represented or assisted by persons chosen by it. The names and addresses of such persons must be communicated to all parties and to the arbitral tribunal. Such communication must specify whether the appointment is being made for purposes of representation or assistance. Where a person is to act as a representative of a party, the arbitral tribunal, on its own initiative or at the request of any party, may at any time require proof of authority granted to the representative in such a form as the arbitral tribunal may determine.

 

Appointing authority

 

Article 6

 

1. The appointing authority is the CENTER FOR DISPUTE RESOLUTION (CEDIRES), established at Château du Bois d’Angre, Bois d’Angre 6-8, 7133 Buvrinnes (Binche), Belgium.

 

2. In exercising its functions under these Rules, the appointing authority may require from any party and the arbitrators the information it deems necessary and it shall give the parties and, where appropriate, the arbitrators, an opportunity to present their views in any manner they consider appropriate. All such communications to and from the appointing authority shall also be provided by the sender to all other parties.

 

3. When the appointing authority is requested to appoint an arbitrator pursuant to articles 8, 9, 10 or 14, the party making the request shall send to the appointing authority copies of the notice of arbitration and, if it exists, any response to the notice of arbitration.

 

4. The appointing authority shall have regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and shall take into account, at its sole discretion, the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties.

 

Section II.          Composition of the arbitral tribunal

 

Number of arbitrators

 

Article 7

 

If the parties have not previously agreed on the number of arbitrators, and if within 15 days after the receipt by the respondent of the notice of arbitration the parties have not agreed that there shall be three

 

PROCEDURAL RULES

 

 

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CEDIRES

 Center for Dispute Resolution