Scheme of the Arbitral Proceedings

Servicii

În conformitate cu Regulamentul privind organizarea si functionarea Curtii de Arbitraj Comercial International de pe langa Camera Europeana de Comert Industrie si Franciza, Curtea ofera urmatoarele servicii:

  • arbitraj comercial intern si international;
  • asistenta juridica si sprijin în legatura cu procedura de arbitraj, în general;
  • analize legislative în domeniul arbitrajului;
  • gestionarea relatiei de cooperare dintre comisiile de arbitraj in cadrul sistemului Camerei Europeane de Comert Industrie si Franciza

 

Arbitrajul realizat de către Curtea de Arbitraj Comercial Internaţional de pe langa Camera Europeana de Comert Industrie si Franciza

Conform Regulilor sale, Curtea soluționeaza, în conformitate cu conventia arbitrală încheiata între parti, în drept sau în echitate, litigii comerciale interne si internationale.

In cadrul soluționarii prin arbitraj a litigiilor, partile beneficiaza de:

  • un secretariat permanent, alcatuit din consilieri juridici specializati si personal administrativ;
  • un serviciu dedicat pentru administrarea arbitrajelor ad-hoc;
  • Regulile de procedura arbitrala în limba engleza si limba romana si asistența la fata locului, în ceea ce privește utilizarea și punerea în aplicare a acestora;
  • o lista dinamica cu arbitri de renume, romani si straini;
  • sali pentru desfasurarea sedințelor arbitrale, situate in centrul Bucurestiului.

 

Curtea de arbitraj solutioneaza litigii comerciale în toate sectoarele economice: de la infrastructura, constructii, finantare de proiecte, contracte comerciale, distributie sau leasing de echipamente, pana la servicii bancare si piete de capital, asigurari, achizitii publice,  energie, petrol si gaze naturale.

Scheme of the Arbitral Proceedings

  Arbitration is a procedure for resolving disputes before the Arbitral Tribunal that can be composed of one or more arbitrators. The European Chamber of Commerce, Industry and Franchise Arbitration Rules enable the parties to agree on the number of arbitrators. Where the parties have not agreed on the number of arbitrators, the dispute is to be decided by a panel of three arbitrators unless the Board, taking into account the complexity of the case, the amount in dispute or other circumstances, decides that the dispute is to be decided by a sole arbitrator.

Where the Arbitral Tribunal is to consist of a sole arbitrator, the parties shall nominate the arbitrator jointly. Where the Arbitral Tribunal is to consist of more than one arbitrator, each party shall nominate an equal number of arbitrators. The arbitrators thus nominated shall nominate the arbitrator who is to act as the Chairperson of the Arbitral Tribunal.

Every arbitrator must be impartial and independent and the confirmation of a nominated arbitrator shall be decided upon by the Secretariat. Once all nominated arbitrators have been confirmed, the Arbitral Tribunal is constituted. As soon as the Arbitral Tribunal has been constituted and the advance on costs has been paid, the Secretariat shall transmit the file to the Arbitral Tribunal. The final award shall be made no later than nine months (six months in the case of expedited arbitral proceedings) from the date upon which the file was transmitted.

Arbitration enables the parties to agree on all relevant aspects of the proceedings (the number of arbitrators, procedural rules, the seat of the arbitration, the language of the proceedings, etc.).

Arbitral Proceedings

Arbitration Agreement: The written agreement of the parties to resort to arbitration made either prior to the emergence of a dispute (the arbitration clause) or thereafter (the arbitration compromise); 

The Claimant: The party requesting arbitration and who

may be one or more;

The Respondent: The party against whom the arbitration is instituted and who may be one or more; 

The arbitration request shall particularly include the following:

a) The name and capacity of each party to the dispute, its address, telephone and fax numbers, e-mail address, in addition to other communication addresses related to that party and to those representing it;

b) Reference made to the arbitration agreement upon which the request relies and which indicates prima facie that the dispute falls within its scope.

c) Reference to the legal relationship under which the dispute emerged or relates thereto;

d) Setting forth a summary of the nature and circumstances of the dispute justifying submission of the request;

e) Specifying the demands made by the Claimant and indicating the amount or amounts claimed; 

Scheme of the Arbitral Proceedings According to the European Chamber of Commerce, Industry and Franchise Arbitration Rules

The arbitral proceedings commence when the Request for Arbitration is received by the ECCIF.

Upon filing the Request for Arbitration, the Claimant must pay a registration fee and enclose the proof of payment with the Request. Until the registration fee has been paid, the Secretariat will not send the Request for Arbitration to the Respondent.

The Request for Arbitration (together with any attachments) must be submitted in a sufficient number of copies (for the  ECCIF, each of the parties and each of the arbitrators), unless they are submitted by electronic means.

 A so-called prima facie examination of jurisdiction is carried out. The ECCIF may refuse to administer a case if it is prima facie evident that there is no jurisdiction over the dispute under the European Chamber of Commerce, Industry and Franchise Arbitration Rules or the parties have agreed on procedural rules that deviate from the provisions of the European Chamber of Commerce, Industry and Franchise Arbitration Rules to such a degree that the proceedings would be disproportionately hindered.

The Secretariat sends the Request for Arbitration to the Respondent. After receiving the Answer to the Request for Arbitration, the Secretariat sends it to the Claimant.

The Secretariat shall determine the amount to be paid by the parties as an advance on the costs of the arbitration.

The Respondent must submit an Answer to the Request for Arbitration within 30 days.

The Answer to the Request for Arbitration (together with any attachments) must be submitted in a sufficient number of copies (for the ECCIF, each of the parties and each of the arbitrators), unless they are submitted by electronic means.

The Respondent shall, as a rule, make any counterclaims or set-off claims upon the submission of the Answer to the Request for Arbitration.

If the Respondent fails to submit an Answer to the Request for Arbitration, the proceedings shall continue.

Arbitral Proceedings

The parties may agree on the number of arbitrators. Where the parties have not agreed on the number of arbitrators, the dispute is to be decided by a panel of three arbitrators unless the Board, taking into account the complexity of the case, the amount in dispute or other circumstances, decides that the dispute is to be decided by a sole arbitrator.

Where the Arbitral Tribunal is to consist of a sole arbitrator, the parties shall nominate the arbitrator jointly. If the parties fail to do so, the appointment shall be made by the Board.

Where the Arbitral Tribunal is to consist of more than one arbitrator, each party shall nominate an equal number of arbitrators. The arbitrators thus nominated shall, after their confirmation, within 15 days of being directed to do so by the Secretariat, nominate the arbitrator who is to act as the Chairperson of the Arbitral Tribunal. Where any of the arbitrators is not nominated within the time period agreed by the parties or set by the Secretariat, the appointment shall be made by the Board.

The nominated arbitrator must be confirmed by the Secretariat. Upon confirmation, the nominated arbitrator is considered appointed. Once all nominated arbitrators have been confirmed, the Arbitral Tribunal is constituted. The Secretariat shall notify the parties accordingly.

The Secretariat shall determine the amount to be paid by the parties as an advance on the costs of the arbitration.

The Claimant and the Respondent shall each pay half of the advance unless separate advances have been determined.

If a party fails to pay the required advance within the period of time determined by the Secretariat, the Secretariat shall direct the other party to make the payment and set a time period for payment. If the payment is not made, the Secretariat may terminate the proceedings in whole or in part. If the other party makes the payment, the Arbitral Tribunal may, at the request of that party, make a separate award by which it orders the defaulting party to reimburse the other party for the paid advance.

As soon as the Arbitral Tribunal has been constituted and the advance on costs has been paid, the Secretariat shall transmit the file to the Arbitral Tribunal. The Tribunal shall promptly, after prior consultation with the parties, establish a procedural timetable for the conduct of the proceedings. By way of the procedural timetable, the Arbitral Tribunal shall set the periods of time for the submission of the Statement of Claim and the Statement of Defence as well as any further written submissions, the date(s) of the hearing, the date until which the Arbitral Tribunal shall make the final award and other particulars it deems necessary.

The Arbitral Tribunal shall send the procedural timetable and any amendments to the parties and the ECCIF

Arbitral Proceedings

The Claimant shall submit its Statement of Claim to the Respondent, each of the arbitrators and the ECCIF within the period of time determined by the Arbitral Tribunal.

Unless already contained in the Request for Arbitration, the Statement of Claim shall include:

  • i. the relief or remedy sought; and
  • ii. the statement of facts and legal grounds supporting the claim.

To the extent possible, the Statement of Claim shall be accompanied by all documents and other evidence on which the Claimant relies.

The Respondent shall submit its Statement of Defence to the Claimant, each of the arbitrators and the ECCIF within the period of time determined by the Arbitral Tribunal.

Unless already contained in the Answer to the Request for Arbitration, the Statement of Defence shall include:

  • i. a statement whether and to what extent the Respondent admits or denies the relief or remedy sought by the Claimant; and
  • ii. a statement of the facts and legal grounds supporting the defence.

To the extent possible, the Statement of Defence shall be accompanied by all documents and other evidence on which the Respondent relies.

The provisions pertaining to the Statement of Claim shall apply mutatis mutandis to a counterclaim and a set-off claim. 

A hearing shall be held if requested by a party, or if deemed appropriate by the Arbitral Tribunal.

Before making the final award, the Arbitral Tribunal shall obtain from the Secretariat a final determination of the costs of the arbitration. Where the proceedings are terminated prior to the making of the final award by way of an order for termination of the proceedings or an award on agreed terms, the Secretariat shall finally determine the costs of the arbitration, having regard to the stage in which the proceedings have terminated, the work performed by the Arbitral Tribunal and any other relevant circumstances.  

The final award shall be made no later than nine months from the date upon which the file was transmitted to the Arbitral Tribunal. For justified reasons, the Board may extend this time limit upon a reasoned request by the Arbitral Tribunal or of its own motion.

The Arbitral Tribunal may make separate awards on individual claims and issues.

An award shall be final and binding on the parties. As regards the parties, an award shall have the effect of a final and binding court judgment.

The Arbitral Tribunal shall include in the final award, the award on agreed terms or the order for termination of the proceedings the costs of the arbitration as finally determined by the Secretariat and specify the individual fees and expenses of each of the arbitrators and the ECCIF. The ECCIF shall pay out the costs of the arbitration from the advance paid by the parties. After the proceedings have concluded, any unused amount of the advance shall be returned to the parties.