Arbitral proceedings are administered by the European Court of Arbitration under the following arbitration rules:
• Arbitration Rules
• Documents Only Arbitration Rules
• Pre-Arbitral Referee Rules of the European Court of Arbitration (CEA)
The Internal Rules of the European Court of Arbitration are incorporated in the above rules.
These Arbitration Rules have an approach to arbitration which is not simply in line with all other arbitration rules, but is characterized by its Main Points.
For international arbitrations, depending on the area, the Registrars of Milan or of Strasbourg are to be contacted. For domestic disputes the respective National Chapter is to be contacted.
Arbitration is a dispute resolution mechanism which is available to the parties to both domestic and international disputes.
The parties are not always happy of how their disputes are resolved by their state courts.
In many jurisdictions this takes too much time and it is a formalistic intellectual exercise conducted distantly from the parties.
In International disputes, whenever a party cannot not impose its Courts to the other one, arbitration may be an attractive, if not necessary, solution.
Arbitration can be organised directly by the parties setting up their own arbitration rules or selecting already existing rules.
These arbitrations are generally defined “ad hoc”. Otherwise the parties refer the dispute to an administrating body like the European Court of Arbitration, which appoints the arbitrator, who proceeds under its rules.
The parties are invited to experience arbitration, carefully selecting the arbitrator.
The Arbitration Rules – Commercial and Foreign Investment Disputes
These arbitration rules aim to solve disputes between private parties, frequently referred to a commercial disputes (even if they are not necessary only commercial and may concern other disputes on rights of which the parties may freely dispose).
Information and advice may be provided as to foreign investments disputes.
A sole Arbitrator
It is a tradition in arbitration to appoint three arbitrators.
When there are only two parties, each party appoints an arbitrator and the third one is appointed by the administering body.
The mechanism does not work if the parties are more than two, unless several of them form one group which appoints one arbitrator.
Unless the parties have expressly agreed to appoint three, the European Court of Arbitration appoints a sole arbitrator.
To decide within one year
Time is important for the innocent party.
These arbitration rules provide that the arbitrator decides within 9 months, a term which may be extended twice, each time for a maximum of three months, only if important reasons so require.
In extremely complex arbitrations, the duration may be further extended.
Arbitrations conducted under these rules may then be characterised as a Sole Arbitrator who is to issue the award within 9 months.
The Rules request the arbitrator not to remain distant from the parties, but to create a dialogue with then, putting questions to them to clarify their allegations and submissions and to illustrate the parts of their documents on which they rely.
Rules of Evidence
These Rules recognize that the parties are entitled to know how evidence will be heard, before deciding to refer the dispute to arbitration.
Contrary to many other rules, these rules set out in detail the rules of evidence.
Further Review of the Merits by Rehearing the Case
The general tendency is to limit the review of arbitral awards to procedural errors. It follows from this that errors in fact and errors in law are not subject to review.
These rules do not agree on this approach and provide, in those jurisdictions which do not forbid this, for a full review of the first instance award by a panel of three arbitrators, all appointed by the European Court of Arbitration to decide within six months, maximum one year, by rehearing the case.
A leave to refer this dispute to the appellate arbitral tribunal is needed.
As a rule the leave is granted if the loser deposits with this institution the capital and the interest which the first instance award has put to its charge. The same applies to a loser only in part. A deposit for the costs of the arbitral appellate proceedings may be added to it.
It is recommended to the parties to select the Standard Agreement of this institution to mediate and – if unsuccessful – to arbitrate the dispute.
The parties are offered a short mediation and arbitration clause while a longer one which deals with several important and delicate other issues is also available to more sophisticated users.