











 | | What is
the European Court of Arbitration
The European Court of Arbitration is a private institution , having its chief
seat in Strasbourg and national and local departments throughout Europe, which,
by the means of different arbitral procedures specifically regulated, allows to
respond to the higher demand for "justice", shortly and with costs
ordinary people can afford. The fact that arbitration, as an alternative to
ordinary justice, through which two or more parties "charge" one or
more qualified subjects (so called arbitrators) to decide, in a judge’s stead,
a suit arosen between them, brings about important benefits, is out of
discussion.
For example, the advantages that the European Court of Arbitration
allows, in the subject of arbitration, are various: for instance, a short
arbitral procedure submited before the European Court of Arbitration, has a
maximum length of not more than nine months (unlike what happens before ordinary
justice authority). Beyond this. Unlike "classical" arbitration,
involving three arbitrators, short customary arbitration, with one single
arbitrator, greatly reduces the costs of an arbitral procedure, allowing anybody
to afford it. For example, the European Court of Arbitration has fixed a maximum
fee of £ 800.000 for uncustomary documentary arbitration! Italian legislation provides for anyone to recourse to an arbitral
procedure, including the ones regulated by the European Court of Arbitration.
But, for this end, it is necessary to insert in contracts particular clauses,
called compromise clauses, appointing the European Court of Arbitration and its
regulations; or as the dispute is taking place, the two parties need to sign a
special document, called "compromise".
The European Court of Arbitration is therefore an open body because of its
features and organization. Regulations and compromise clauses and further
information are at anyone’s disposal. Unlike other arbitral organization the
Court regulation and statute do not refer to any designated list of arbitrators,
since they are appointed by the disputing parties. Only in the case where the
two parties are not able to agree on the name of the arbitrator/s, the Court
will decide for the designation, in the means and practice established by its
regulations. By the chance any professional man is appointed, according to
compromise clauses or the European Court of Arbitration regulations, it is
necessary that he accepts the Court rules and, consequently, all regulations
fixing fees and rates.
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