Arbitration Rules of the Maritime Arbitral Chamber of Paris

ABSTRACTS of the ARBITRATION RULES of the CHAMBRE ARBITRALE MARITIME de PARIS

Article IV : Reference to the Chambre and periods of time for filing of submissions

The Chambre Arbitrale Maritime becomes seized of an arbitration by a request for arbitration made by the claimant, explaining briefly the object of the arbitration and identifying the defendant(s). The receipt of such a request by the Chambre Arbitrale Maritime validly interrupts any limitation period provided by law or by the contract.

....If the statement (of the claimant's case ) does not accompany the request, it must be sent to the secretariat of the Chambre Arbitrale Maritime within two months of receipt by the claimant of the letter acknowledging receipt of his request. Upon the filling of the request for arbitration, the payment on account of the deposit is due from the claimant.

....The secretariat of the Chambre Arbitrale Maritime shall convey to each defendant a copy of the request and of the statement, with a request to submit within two months from the date of receipt of this statement.......their statementof defence (and counterclaim if need be).

Article V : Precautionary notices

When the claimant has expressely stated that, for the time being, his request for arbitration is formulated for precautionary purposes, for a specified reason :

- From the deposit of such a request, which in order to be registered must be compulsorily accompanied by the payment on account, must concisely state the subject of the dispute and, if possible, quantify it subject to adjustment - the Committee of the Chambre shall appoint a sole arbitrator who is to remain in contact with the parties and to settle any possible dispute concerning the nature and validity of the request, taking any necessary decisions contradictorily, in particular upon the necessity for a postponement of any determination....

- The defendant or defendants, who shall be immediately informed of the claim, are not required to provide their defence submissions....

- time for recommencing proceedings : a precautionary request will be declared by the arbitrator as finally abandoned if the claimant shall not, within two years after the registration of the request, have appointed his arbitrator and provided his statement of case within this period, or provided to the arbitrator appointed to follow the procedure all that might be necessary to allow that arbitrator to grant a postponement of the determination.

Where proceedings are resumed at the request of one of the parties, they shall be conducted in accordance with articles IV and VI....

Article VI : Number and methods of appointing arbitrators

1 - Disputes under the jurisdiction of the Chambre Arbitrale Maritime shall be settled by a sole arbitrator or by a three-members Tribunal.

2 - When the parties have agreed that the dispute be settled by a sole arbitrator, they may mutually agree upon the appointment of an arbitrator....

Failing agreement between the parties on the appointment of a sole arbitrator......The appointment of a sole arbitrator shall be made by the Committee....

3 - If the parties have not agreed upon the appointment of a sole arbitrator, three arbitrators shall be appointed. In such case each party shall appoint an arbitrator.....

The Committee shall appoint the third arbitrator....

Article X : Jurisdiction of the arbitrators

The arbitrator or arbitrators shall be judges of the competence of the Chambre Arbitrale Maritime and of whether it is validly seized of a matter...

Article XII : Powers and deliberations of arbitrators

The arbitrator or arbitrators shall decide on the facts and the law in relation to the matters referred to them, by a majority if necessary; they shall have power to act as amiables compositeurs if the parties expressly so agree.

Article XIII : Arbitration fees and expenses

The Secretariat of the Chambre Arbitrale Maritime shall indicate the amount of the deposit which, according to the tariff attached to the present rules, the parties will be required to pay in equal shares to the Chambre, within thirty days following the notice fixing the amount of the deposit.

Article XV : Second degree examination

1-When the main claim which is submitted to the Chambre Arbitrale Maritime by the claimant exceeds 30.000 Euros., each party to the award, including that which failed in the first instance proceedings, may request a second degree examination of the case, if the award which is delivered has brought the case to an end .

2- The applicant for a second degree axamination shall apply to the President of the Chambre Arbitrale Maritime by registered letter to be sent within thirty days from the notification made to him of the first instance award. He shall, within the same period, deposit with the Secretariat an amount equal to the total deposit payment fixed for the first instance proceedings, calculated normally on the basis of a three arbitrators Tribunal.....Failure to make the application and to effect payment of the deposit within the time limit allowed constitutes a dismissal of the case from the second degree examination.

3- Upon receipt of a request in due form for second degree examination, the Committee will set up a second degree examination Tribunal of three members appointed by the Committee alone....

4- Within thirty clear days of the receipt by the Secretariat of the Chambre of the second degree examination request, the applicant shall submit to the Tribunal a memorandum. After communication of this memorandum to the respondent party or parties to the second degree examination, said parties shall be allowed thirty clear days to file a memorandum in reply, including a cross-appeal if need be. The time limit for the respondent party to file its memorandum may be extended, at the most by a further period of equal length, by motivated decision of the President of the Chambre.

5- After the memorandums have been exchanged under the above conditions and after the oral debates have taken place on the ordinary request of one of the Parties, the second degree arbitral Tribunal will pronounce a final award, which will be considered to be the only award to be rendered in the case, and which will be rendered within three months of receiving the memorandum in defense.

The President of the Chamber can make a motivated decision, to grant two successive three month extensions of the time limit for rendering the second degree award.

Article XVI : Periods of time for filing statement of claimants'case

Any first or second requests are considered null and void if the statement of claim or the memorandum of the plaintiff or applicant have not been received by the Secretariat of the Chambre Arbitrale Maritime within the time limits provided for in articles IV and XV above.

Article XX : Enforcement of awards

It is up to the parties to sue, if necessary, to enforce award.

Article XXII : Fast-track arbitration

1-A fast track arbitration procedure has been set up to settle disputes requiring urgent proceedings which are justified by the facts of the case, or the legitimate interests of either party. In such case the proceedings shall be conducted by a three-arbitrators Tribunal, all appointed by the Committee of the Chambre, at the request of both parties or of one of them, after, in either case, the Committee of the Chambre has acknowledged the urgency of the matter.

5- The parties shall within a maximum of one month from the date of the notice stating the urgency submit and exchange written statements and relevants documents. Each party shall meanwhile pay the provisional deposit required of it.

Within the same period of one month the Committee of the Chambre shall constitute the arbitral Tribunal.....

6- ....they (the arbitrators) shall render their award within forty five days from the date when they enter upon reference.