The Arbitrator's Pledge - European Court of Arbitration

The Arbitrator’s Approach

The approach of the arbitrator, in line with the philosophy of the European Court of Arbitration, is focused on the service to be rendered to the parties.

Potential arbitrators are invited to openly state their views on various issues to allow the parties to make a more informed assessment of the profile of the arbitrator who will be appointed.

Arbitrator's Pledge to the Parties

Full Name

Profession

Born

Professional address

Citizenship

I hereby undertake towards any party which will appoint me as an arbitrator that, when acting as an arbitrator, I shall:

disclose any past, present or potential future professional or personal link of which I am aware with any of the parties, its stakeholders, managers, staff, any of its associated company and counsel and with my co- arbitrators;
remain fully independent, impartial and neutral during such proceedings and for two years after the award; bear in mind at any time that my fundamental task is to render justice, in compliance with the applicable law and/or rules;
request the parties not to raise useless or totally ungrounded oppositions and motions, and not to behave in a delaying or obstructive way and I shall sanction such possible behavior, such as in the costs award; send to the parties the attached List of Questions in order that they express their expectations as to the conduct of the proceedings; invite the parties to enter into a stipulation covering procedure, time and costs;
conduct the proceedings very diligently and with all due expedition and deliver the award (except in very extraordinary situations, which I will state and certify), within nine months after my appointment;
ensure that the right of the parties
- to present their case,
- to call the relevant oral evidence,
- to examine and cross-examine the witnesses,
- as well as in respect of all relevant documentary evidence (the production of useless documents being subject to sanctions in terms of costs), be fully respected;
to devote to the proceedings all the time which is necessary;
to discharge personally my task as arbitrator;
to treat in strict confidence the proceedings and anything which is said or produced in such proceedings, as well as the award; and
respond to the Questionnaire as per attachment.
to tax fees of Counsel for the victorious party (or of each party – if each of them will be ordered to bear its costs), up to a maximum of *** times (and, in very special circumstances to be stated and certified by myself, up to **** times), the fees which the parties have agreed or are due as to such proceedings to myself as sole arbitrator or as a member of the Arbitral Tribunal;

Questionnaire to the Arbitrator

Do you agree that truth finding must have a priority on hurried proceedings?

Yes No

Do you agree that a top priority is that the parties are entitled to adequately present and prove the case benefiting for that of adjudication?

Yes No

Do you agree that a calendar of the proceedings is to be prepared at the beginning of the proceedings and regularly reviewed and updated?

Yes No

Do you agree that the proceedings must be dealt with expeditiously and that unless there are special reasons (to be stated) their ideal duration is 9 (maximum 15) months?

Yes No

Do you believe that truth finding requires that all useful evidentiary material be raised, even if this takes more time?

Yes No

Do you think that oral testimony is always less important than documentary evidence?

Yes No

Do you think that many months should run from one step to the other of the proceedings?

Yes No

Do you agree that, in the absence of very important reasons (to be promptly stated), the award should be published not later than 60 days after the closing of the proceedings?

Yes No

Do you agree that preliminary matters and issues which are manifestly grounded should be decided as early as possible?

Yes No

Do you believe that the arbitrators should not go beyond inviting the parties to settle?

Yes No

Do you agree that the selection and the examination of witnesses and the cross examination of the witnesses of the other parties, is a right of each party and that the role of the Tribunal is to watch that this takes place properly?

Yes No

Do you think that preparation/coaching of witnesses and witness statements should be authorized if one of the parties objects to it?

Yes No

Do you agree that the list of witnesses should not be reduced a priori, rather than reserving not to hear further witnesses on an issue if this has sufficiently being dealt with by prior witnesses?

Yes No

Do you believe it is appropriate to order unlimited disclosure of documents or a very large disclosure of entire classes of documents?

Yes No

Do you believe that the Tribunal should consult with the parties before appointing experts and putting questions to them?

Yes No

Do you agree that an evidentiary hearing should be adjourned (if the term for filing the award allows it) if a witness is not available unless he is not necessary?

Yes No

Do you agree that even the parties should be heard as witnesses (subject to taking account of their interest in the dispute)?

Yes No

Do you agree that no decision and no material research on a decisive issue and no drafting of a part of the award should be delegated to the secretary to the Tribunal or to assistants?

Yes No

Do you agree that the case must be decided after a full exchange of views amongst arbitrators, without any prior conclusion or drafting by any of them?

Yes No

Are you disturbed by a dissenting opinion?

Yes No

Do you believe it is appropriate for a party to recover all its reasonable costs, even if it has succeeded only on a part of its claim or only on some of its claims?

Yes No

Do you believe that a party is entitled to receive, in case of success, the fees of various law firms which have been involved, even if all of them were not absolutely necessary, or of a number of professionals has been involved beyond what was necessary forpresenting and proving its case?

Yes No

Do you believe that a party is entitled to be paid the contingent fees which another party has undertaken to pay in favor of its counsel, even when they exceed reasonable fees computed on another basis?

Yes No

Date

Place

On-line Submission

You can submit the Arbitrator’s on-line, by filling the form and sending it. Otherwise you may contact us.

Resources

To better understand the importance of the Pledge, you may consult the article The Arbitrator’s Pledge, that was published on The American Review of International Arbitration

The Arbitrator’s Pledge

The Arbitrator’s Approach

Arbitrator's Pledge to the Parties

Questionnaire to the Arbitrator

On-line Submission

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