Chamber of National and International Arbitration of Milan

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[edit] General Information

  • Official name: Chamber of National and International Arbitration of Milan
  • Country: Italia
  • City: Milan
  • Type of organization: Chamber of Commerce
  • Date of creation: -
  • Interests: Arbitration - Mediation
  • Fields of expertise: Commercial disputes

[edit] Description

The Chamber of Arbitration of Milan is a special branch of the Chamber of Commerce of Milan and specializes in commercial dispute resolution. The Chamber provides an array of services and tools known as ADR (Alternative Dispute Resolution), which allow for a resolution of disputes within time-limits and through methods that are different from – alternative to, thus – judicial proceedings. The resolution of disputes is one of the regulatory market functions attributed by law to the chambers of commerce (Italian Law No. 580 of 1993).

The tools offered are different and specific to the type of dispute and resolution that is needed.

Not only is it possible to obtain definitive enforceable decisions through arbitration, but also to be supported in reaching an agreement with the counterparty through mediation, which can be handled online as well.

The Research Centre for ADR provides material and publications for those who wish to develop their knowledge in the field of alternative justice.

The needs of international operators are considered and accommodated through specific projects, particularly carried out in the Mediterranean countries, and in collaboration with a partner of the Chamber of Arbitration of Milan, the ICBMC (Italy-China Business Mediation Centre), which focuses on disputes between Chinese and Italian companies.

All market operators with their specific needs and interests – companies, consumers, associations, professionals, and scholars – can rely on the Chamber of Arbitration of Milan as being a professional entity governed by institutional principles such as neutrality and transparency, providing continuous assistance and information to its users.

[edit] Arbitration

Arbitration is a method of resolution of civil and commercial disputes, both domestic and international, which is alternative to the judicial process. The core characteristic of arbitration is that the parties are entitled to choose the arbitrators, who are experts in the particular field concerning the dispute and will decide upon it. In order to refer their dispute to arbitration, the parties must incorporate an arbitration clause in the main contract, or sign an arbitration agreement when their dispute has already arisen.

The Chamber of Arbitration of Milan also provides assistance throughout the drafting stage of a contract as to the arbitration clause. One of the main advantages of arbitration lies in the time necessary to reach the final decision, which is significantly shorter than in judicial proceedings, and in the costs of the procedure, which are known before the onset of the arbitration and set out in a schedule of fees.

By resorting to institutional arbitration, the parties entrust the Chamber of Arbitration of Milan with the administration of the proceedings which will be conducted in accordance with the Rules of Arbitration. Both the arbitrators and the parties will abide by these rules, underlined by the principles of due process and equal treatment.

[edit] Mediation Clause

All disputes arising in connection with this agreement shall be submitted to Mediation Service of the Venice Chamber of Arbitration at the Venice Chamber of Commerce and resolved in accordance with its Mediation Rules.

[edit] Mediation – Standard Arbitration Clause

All disputes arising in connection with this agreement shall be submitted to Mediation Service of the Venice Chamber of Arbitration at the Venice Chamber of Commerce and resolved in accordance with its Mediation Rules.

If the attempt to settle any such dispute is not possible or fails, the disputes shall be settled by arbitration under the Rules of the Venice Chamber of Arbitration.

[edit] Mediation – Sole Arbitrator/Arbitral Tribunal Clause

All disputes arising in connection with this agreement shall be submitted to Mediation Service of the Venice Chamber of Arbitration at the Venice Chamber of Commerce and resolved in accordance with its Mediation Rules.

If the attempt to settle any such dispute is not possible or fails, the disputes shall be settled by arbitration under the Arbitration Rules of the Venice Chamber of Arbitration which shall appoint the Sole Arbitrator/Arbitral Tribunal comprising 3 members.

[edit] Mediation – Sole Arbitrator/Arbitral Tribunal Clause

All disputes arising in connection with this agreement shall be submitted to Mediation Service of the Venice Chamber of Arbitration at the Venice Chamber of Commerce and resolved in accordance with its Mediation Rules.

If the attempt to settle any such dispute is not possible or fails, the disputes shall be settled by arbitration under the Arbitration Rules of the Venice Chamber of Arbitration. The Arbitral Tribunal shall consist of 3 members, two of which will be appointed by the parties (one each) and the third who shall act as a chairman appointed by the Venice Chamber of Arbitration.

[edit] Mediation – Arbitration Clause for corporate disputes

All disputes concerning disposable rights deriving from corporate relationships, including disputes regarding the validity of shareholders’ resolutions and those promoted by or against corporate directors, auditors and liquidators, shall be submitted to a mediation attempt in accordance with the Mediation Rules of the Mediation Service adopted by the Venice Chamber of Arbitration.

If the mediation fails, the dispute shall be settled by arbitration under the Arbitration Rules adopted by the Venice Chamber of Arbitration which shall be entitled to appoint the Sole Arbitrator/Arbitral Tribunal.

[edit] Arbitration Clause for corporate disputes

All disputes concerning disposable rights deriving from corporate relationships, including disputes regarding the validity of shareholders’ resolutions and those promoted by or against corporate directors, auditors and liquidators, shall be settled by arbitration under the Arbitration Rules adopted by the Venice Chamber of Arbitration which shall be entitled to appoint the Sole Arbitrator/Arbitral Tribunal.

[edit] Mediation – Arbitration Clause for Condominium disputes

All disputes arising in connection with this Condominium Regulations and subsequent agreements, including those between joint-owners and Director or Director and joint-owners, shall be submitted to mediation in accordance with the Mediation Rules of the Mediation Service adopted by the Venice Chamber of Arbitration at the Venice Chamber of Commerce.

If the mediation cannot be carried out or fails, the dispute shall be settled by arbitration under the Arbitration Rules adopted by the Venice Chamber of Arbitration and the parties agree that the Venice Chamber of Arbitration shall be entitled to appoint the Sole Arbitrator/Arbitral Tribunal which shall consist of 3 members.

[edit] Arbitration Clause for Condominium disputes

All disputes arising in connection with this Condominium Regulations and subsequent agreements and any disputes arising among the joint-owners, between the joint-owners and the Director or the Director and the Condominium or joint-owners, shall be settled by arbitration under the Arbitration Rules adopted by the Venice Chamber of Arbitration and the parties agree that the Venice Chamber of Arbitration shall be entitled to appoint the Sole Arbitrator/Arbitral Tribunal which shall consist of 3 members irrespective of the number of parties actually involved.

[edit] International Arbitration Clause

All disputes arising out or in connection with this agreement with particular reference to, without limitation, its execution, performance, validity, default, termination and assessment of relevant damages, shall be settled by arbitration under the Arbitration Rules adopted by the Venice Chamber of Arbitration by an Arbitral Tribunal which shall consist of a Sole Arbitrator/three arbitrators appointed by the Venice Chamber of Arbitration in accordance with those Rules.

[edit] Contact

Via Meravigli 9/B 20123 Milan – Italy

Tel: +39 02 8515.4444 / 4536

Email: camera.arbitrale@mi.camcom.it / segreteria.arbitrato@mi.camcom.it / servizio.conciliazione@mi.camcom.it

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