European Court of Arbitration

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[edit] General Information

  • Official name: European Court of Arbitration
  • Country: France
  • City: Strasbourg
  • Type of organization: Court
  • Date of creation: 1959
  • Interests: Arbitration - Mediation
  • Fields of expertise: Promotion

[edit] Description

The “Centre Européen d’Arbitrage” (European Centre of Arbitration) is a legal entity under the Alsace-Moselle law, formed in 1959. It promotes arbitration and mediation.

The European Court of Arbitration is the branch of the European Centre of Arbitration which promotes arbitration and administers domestic and international arbitration.

Its territory is Europe, including Eastern Europe, the Mediterranean, the Middle East and the Black Sea countries.

The Mediation Centre is the branch of the European Centre of Arbitration which promotes mediation and administers mediation proceedings.

[edit] Mission

The mission which the European Centre of Arbitration, the European Court of Arbitration and the Mediation Centre have set out for them is:

  • To contribute in a friendly way with any other similar institution to create a culture of arbitration and of mediation;
  • To help litigants, who look for alternative solutions, in a spirit of service to them above any other goal.

[edit] Arbitration

Arbitration is administered by the European Court of Arbitration under the following arbitration rules:

  • Arbitration Rules
  • Documents Only Arbitration Rules
  • Arbitral Referee 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. Internal Rules of the European Court of Arbitration (CEA)

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.

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 organized 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.

[edit] 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).

[edit] 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.

[edit] 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.

[edit] Constructive Dialogue

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.

[edit] 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.

[edit] 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.

[edit] Standard Clauses

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.

[edit] Mediation

Mediation is administered by the Mediation Centre for Europe, the Mediterranean and the Middle East under its Mediation Rules.

For international mediations the Registrar of Valencia and for domestic mediations the competent Chapter, is to be contacted.

[edit] Mediation Proceedings

Many litigants take the view that, if the dispute can be settled, they can do it themselves with their counsel. If they fail, nobody else could achieve that.

This approach disregards that each party and its Counsel are inevitably one sided and will rarely identify their week sides and their consequences.

Abandoning so soon attempts to settle the matter, will frequently bring a party to waive its claim or to litigate it before state courts or an arbitral tribunal. This will absorb relevant costs, frequently out of proportion with the dispute, human resources and time.

The European Court of Arbitration firmly believes that before resorting the litigation, it is in the interest of the parties to try once more to settle, by asking this institution to appoint a mediator whose task is not to decide the case but to understand the parties, to discuss even repeatedly with each of them separately their strong and weak points and their consequences and by treating in strict confidence all what a party does not wish to be known by the other one, and to try as much as possible to approach them, in order that the dispute may be settled. It has been nicely said that, in order to achieve this, the mediator must induce the parties to change their initial approach to the dispute.

[edit] Standard Clauses

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.

[edit] Contact

3, quai Jacques Sturm – F-67000 Strasbourg – France

Phone: 0033 3 88371266

Email: info@cour-europe-arbitrage.org

Official Website

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