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PART I - Initial Considerations
Clause 1 - These rules apply when CAREN has been
appointed following an arbitration clause in a contract or an agreement to
arbitrate.
CAREN is responsible for the organisation of those
arbitrations both national and international that are entrusted to it.
A CAREN Arbitration Committee is responsible for the
organisation and supervision of arbitrations carried out under CAREN's
jurisdiction. A Secretariat exists
which acts as clerk for the arbitration and also provides support for the
Arbitration Committee.
Clause 1.1 – “Arbitration Committee”
or “Committee” means the Arbitration Committee referred to above.
Arbitration
Agreement" means the agreement whereby CAREN is given jurisdiction whether
by way of an arbitration clause or by agreement to arbitrate.
Tribunal" is the Arbitrator(s) appointed under the
CAREN rules
Time
Limits
Clause 1.2 - The time limits mentioned in these rules are in
months. Time expires at midnight on the
day of the final month being the same numbered day of the month as the event
decision or service causing time to run.
In the event that the final month lacks the same numbered day of the
month time will run out on the last day of that month.
Time that would normally expire on a public holiday or a
non-working day is extended until the first working day thereafter.
Time
runs in the case of giving a notice from the date on which that notice was
sent.
Clause 1.3 - From the time when the mission statement
referred to in Clause 16 hereof has been registered with the secretariat the
parties' domicile is as set out therein.
Clause 1.4 - All notices or correspondence that are required under
these rules to be effected by the committee or the parties must be effected by
registered post with receipt or by such procedure as may be the equivalent in
the country to which the correspondence is being sent by post or by any means
whereby there is written proof of a document having been sent and
received. The parties must use the most
rapid means of communication possible.
PART II - Appointment of CAREN as Arbitrator
Request
for Arbitration
Clause 2 - The parties themselves are responsible for bringing a
matter to arbitration. They are also at
liberty to bring that appointment to an end before it naturally determines as a
result of the Award being made.
Arbitration proceedings are initiated by a request to
arbitrate sent to the secretariat who will date it and record that it has been
registered.
The request must include :
- The family name, personal name, title and address of the
party making the request and where appropriate all details necessary to
identify a body corporate and the names, Christian names and offices held by
the officers acting in the company's name ;
- The agreement to arbitrate;
- A summary of the dispute;
- The claimant's submission;
- Any submission as to the number of arbitrators and the
manner by which they are to be chosen.
Inadmissible
Request for Arbitration
Clause 3 - When the request for arbitration is defective, either
because of the nature of the claim or as a result of the drafting, and as a
result the request fails to establish the existence of an agreement to
arbitrate between the parties or the jurisdiction of CAREN, the secretariat
will ask the respondent for its observations.
If the respondent objects to CAREN's jurisdiction or does
not reply within one month of receipt of the request for its observation, the
secretariat will advise the claimant that, in the circumstances, arbitration
cannot take place.
The Arbitration Committee will give a ruling on all such
problems.
Service
of Notice upon the Defendant
Clause 4 - When the request for arbitration appears to be in order,
the secretariat will send one copy of the request and the documents accompanying
it to the defendant. Using the language
of the arbitration clause or agreement the notice will also make reference in
the clearest terms to the provisions of Clause 6 hereof.
Respondent's
Reply
Clause 5 - Within one month of receipt of this information the
respondent shall notify the secretariat of its requirements regarding the
number of arbitrators and the manner of their choice. Should it be the case that he accepts the proposal set out in the
request, he may, if need be , appoint an arbitrator. The respondent shall briefly set out the grounds for opposing the
claimant's case. He may disclose his documents or raise a counterclaim. The secretariat will advise the Claimant of
the Respondent's reply.
Failure
of Respondent to Reply
Clause 6 - Arbitration may proceed and an award may be made despite
the objection or non-participation of the respondent.
Before the Arbitration Proceedings begin, the arbitrator
will satisfy himself that service has been properly effected upon the
respondent.
PART III
- Constitution of the Arbitration Tribunal
Number of
Arbitrators
Clause 7 - Arbitration can be by one or three arbitrators.
In the following Clauses the expression nominated
arbitrator or the nomination of an arbitrator applies both to a nomination of an
arbitrator by one of the parties or by the Arbitration Committee.
Appointed arbitrator or the appointment of an arbitrator
refers to an arbitrator who has accepted to act as such.
Enrolled or Registered Arbitrator means a person enrolled
on the list of CAREN Arbitrators.
The jurisdiction of CAREN is deemed to begin once the last
of the arbitrators has been appointed and has accepted to act as such.
Appointment
of Arbitrators
Clause 8-1 - When the parties have agreed that the matter shall be
decided by a sole arbitrator they may by agreement appoint an arbitrator and
ask the Committee to confirm such appointment.
In the absence of agreement, the arbitrator will be appointed by the
Arbitration Committee after the expiry of one month from the date of
notification of the request for arbitration to the respondent.
Clause 8-2 - When three arbitrators are to be appointed, each party in
the request for arbitration, or in the reply thereto, shall nominate an
arbitrator for confirmation by the Committee.
Should one of the parties fail to do so, that appointment
shall be made by the Committee.
Where there is more than one Respondent or Claimant, the
individuals making up the party shall come to agreement for a nomination of
their arbitrator.
In default of agreement, an arbitrator will be appointed by
the Committee.
The third arbitrator, who shall be chairperson, is
appointed by the Committee unless the parties agreed that the arbitrators they
have nominated shall choose the third arbitrator within a fixed period of
time. In this case the Committee will
approve the appointment of the third arbitrator.
The third arbitrator will be appointed by the Committee in
the event that, at the expiry of the time limits fixed by the parties or
imposed by the Court, the arbitrators nominated by the parties have not been
able to agree on an appointment.
Clause 8-3 - Where the arbitration agreement does not specify the
number of arbitrators, the Tribunal shall consist of one arbitrator unless the
matters in issue
appear to the Arbitration Committee to justify the
appointment of three arbitrators.
The Parties shall, within one month of the service of the
request for arbitration, take steps to nominate the arbitrator(s). The Arbitration Committee shall appoint the
arbitrators in default of agreement between parties.
Approval
of Arbitrators
Clause 9 - When the nomination of an arbitrator is not effected by
the Arbitration Committee, the arbitrator must be approved by the Arbitration
Committee. In the event that the
Committee do not approve, it must propose a new arbitrator and submit the
arbitrator's name for approval by the party whose nominee was not approved.
In the event that the party concerned does not accept the
new nominee within one month of nomination, the Committee will appoint an
arbitrator from the CAREN list of arbitrators.
Clause 10 - Acceptance
of an arbitration mission shall be expressed in writing and sent to the
secretariat.
This commits the arbitrator to act throughout
the matter up to its conclusion.
The secretariat shall notify all the parties of the appointment.
Challenging
and Dismissal of Arbitrators
Clause 11 - Arbitrators must remain independent and impartial
throughout. Any arbitrator nominated
who believes that there may be a reason for his admissibility to be challenged
must notify the parties and the secretariat.
In this case, he can only accept appointment with the agreement of the
parties. The arbitrator once appointed
shall refrain from such acts as shall in the eyes of the parties raise doubts
as to his independence or to his impartiality.
Should such circumstances arise after the arbitrator has accepted to act
he shall immediately notify the arbitration committee.
Any party can require the Arbitration Committee to take
steps to challenge an arbitrator's appointment. The request shall be sent to the secretariat within one month of
notification of the appointment of the arbitrator or within one month of the
occurrence of the event or disclosure of the information or fact relied upon as
the reason for the challenge. The time
limits are strict and must be complied with if a valid request is to be made.
The Arbitration Committee has an inherent power to object
to an arbitrator who has been appointed when his independence or his
impartiality appears to be in doubt or has been discovered after his appointment. It has a further inherent jurisdiction to
cancel the appointment of an arbitrator who is not complying with the terms of
his appointment and who fails to ensure that the arbitration is completed
within a reasonable time. The Committee
shall give its decision after hearing the arbitrator concerned, the parties to
the arbitration and, if the need be and is believed that the same may be of
relevance, the other arbitrators.
When withdrawal or the cancellation of an appointment of an
arbitrator occurs, the Arbitration Committee will take steps to replace
him. The Committee will propose the
name of a new arbitrator for the agreement of the parties. In the event of failure of the parties to
agree within one month, the Committee will appoint an arbitrator from the
approved list.
Replacement
of Arbitrators
Clause 12 - Where unforeseen circumstances prevent an arbitrator
from fulfilling his role, the Committee may give notice in writing to this
effect and seek a solution with the agreement of the parties. Should agreement not be reached within one
month of the date of the said circumstances or their becoming known, the
Committee shall appoint an arbitrator from the approved list.
Clause 13 - If the arbitrator(s) has/have not been appointed within
the three months of the date on which the request for arbitration was served
upon the respondent and, when the arbitration is taking place in France or
where the parties thereto have consented to French procedural law applying,
either party may apply for such appointment to be made by summons to the
President of the Tribunal de Grande Instance (of Lille) (High Court) ( in Lille
). That same party shall serve a copy of the summons and the Court's decision
upon the secretariat.
PART IV -
The Hearing
A. Place
of Hearing
Clause 14 - Unless the parties decide otherwise, the hearing shall
take place in Lille (France).
Nevertheless, the Committee may decide on another venue in view of the
circumstances of the case.
B. Language
of Arbitration
Clause 15 - If the parties have not chosen the applicable language
this will be fixed by the Court taking into account the circumstances of the
case and the language of the Contract.
C. Procedure
for the Hearing
Clause 16 - As soon as the Tribunal has been established and the
matters in issue have been set out by the statements of the parties that follow
the request for arbitration and the Respondent's reply, the Tribunal will set
out a statement of the issues in question which will contain but not
exclusively:
- Identification of the parties and of the arbitrators.
- Whether the arbitration is international or internal.
- The address and country of residence chosen by the
parties for the purpose of the proceedings.
- Identifying the matter in issue.
- Setting out such matters as may be relevant to the choice
of law and of procedure and, if the case may be, the giving of power to the
Tribunal to act as mediator (amiable compositeur) in accordance with
clauses 29 and 31 hereof.
- Indicating the place where the arbitration shall take
place.
- The language for the arbitration.
- Setting up the time limits for discovery of documents and
schedules of evidence.
- Setting out the time limits applicable under the two
first paragraphs of clause 26 for the making of the award.
Clause 17 - The mission
statement shall be signed by the arbitrators and by the parties to the
arbitration.
If one of the parties refuses to sign, the tribunal
shall draw attention to this refusal, the reasons which have brought about this
refusal and the answer given to these reasons.
Once it has been signed and endorsed with the
conditions mentioned in the preceding paragraph, the mission statement should
be dated and sent to the secretariat for the matter to be listed.
However, should
all the parties refuse to sign, the tribunal will be suspended on pain of the
abolition of this body following a three month period.
Clause 18 - The Tribunal is empowered to give a ruling, either at
the request of a party or of its inherent jurisdiction, upon the existence or
the validity of the agreement or of its own jurisdiction.
Clause 19 - Amendments are permitted during the course of the
arbitration to include related matters that the Tribunal regards as being
linked to the original dispute.
When the Tribunal accepts the amendments, it will issue a
supplemental statement in order that the matters in issue are clearly set
out. The provisions of clause 17 apply
to the amended statement.
Clause 20 - A Party may apply to the Arbitration Committee for the
case to be joined with other cases, where such a link exists between the cases
that the proper administration of justice requires joinder.
If joinder is ordered on matters which are in the same
arbitral jurisdiction, then, by virtue of the order, the Tribunal's
jurisdiction is extended to cover all the cases.
If joinder is ordered where more than one jurisdiction is
involved, the order for joinder shall establish a Tribunal consisting of three
arbitrators. The two arbitrators or the
two chairmen of the arbitration bodies involved shall appoint a third
arbitrator from the approved list.
In the event that it proves impossible to appoint the third
arbitrator within one month of the order, the order shall lapse.
Rules of
Procedure
Clause 21 - Rules of procedure shall be in accordance with the law
applicable chosen by the parties and in default of such choice with the
Tribunal's own rules.
When arbitration
questions a country's commercial
interests, the procedure is subject to these rules whenever there is no
conflict with the law of that country.
Clause 22 - The hearings shall be in private unless the parties
agree to the contrary.
Clause 23 - The arbitration Tribunal shall with the agreement of the
parties, have power to decline to receive oral evidence or oral admissions
whether generally or in respect of such matter as he/they may specify and to
make their determination on the basis of written submissions only.
Clause 24 - The Tribunal shall, in all circumstances, follow the
principles and ensure that the other parties follow the principle of the right
to be heard. No party can be forced to
take part in arbitration proceedings without having been heard or properly
summoned thereto.
The Tribunal may request that parties provide explanations
of facts pleaded in the matter as well as explanations of the law applicable
which the Tribunal considers necessary for the dispute to be resolved.
The parties shall notify each other of the evidence upon
which they propose to rely to base their claims, and the documents upon which
they will rely and intend to produce and the precedents and legal arguments
upon which they will rely in order that each one of them can properly prepare
their case for the hearing.
From the date upon which the arbitration has been
requested, all communications between the parties should be made via the
secretariat or directly but with a copy to the secretariat.
From the moment of the commencement of the arbitration,
written notices shall be served upon parties at the address given by them in
the mission statement.
Clause 25 - The Tribunal may order at a request of a party any
admissible investigation and, in particular, it may appoint any person of its
choice to clarify a question of fact which requires explanation by an expert.
The Tribunal can also visit sites and take evidence from
parties agreeing thereto.
If
one party refuses to attend for a joint meeting with the other party the
Tribunal may draw from the refusal all necessary conclusions.
No investigation will be ordered under this clause to make
up for a failure in preparing its case by the party who makes the request.
The Tribunal will restrict such investigations to those
that are sufficient in order to resolve the dispute between the parties,
endeavouring to limit the same to those that are the most simple and the least
burdensome.
Time Limit for the Award
Clause 26 - The
Arbitration agreement or a separate document will impose on the Tribunal the
time limits within which it must deliver its ruling.
Failing the fixing of a time limit, the arbitration
mission shall not last longer than six months from the date of notification of
the acceptance of the last of the arbitrators to the parties in accordance with
Clause 10 of these rules.
The Tribunal may, with the approval of the Committee, or of
its inherent jurisdiction, extend the time limit under the agreement or the
rules for a period of three months.
Such an extension is only permitted once.
The time limits under the Contract or the rules may
nevertheless always be extended for an unlimited time with the agreement of the
parties.
A party or the Tribunal may always request the Committee to
extend the agreed time limits for a limited period. The Committee may grant such requests upon giving reasons if it
is satisfied that, for reasons not attributable to the arbitrators, the
termination of the arbitration proceedings has been delayed.
PART V - INTERIM and PROTECTIVE ORDERS
Clause 27 - Any party may request the tribunal to make interim
orders that may be found necessary concerning the subject matter of the
dispute. The tribunal may require
security for the costs incurred by such interlocutory applications.
Clause 28 - The terms of the previous clause nevertheless shall not
prevent a party applying to the appropriate judicial authorities for interim or
protective orders either before the matter has been submitted to the tribunal
or in exceptional circumstances when extremely urgent during the course of the
hearing. However, an interim payment
shall not be the subject of a request to the judicial authorities once the
tribunal has been seised of the matter.
PART VI - THE AWARD
A
Decision ex aequo et bono
Clause 29 - The Tribunal may give its ruling as "amiable
compositeur" (ex aequo et bono ) if the arbitration agreement or
subsequent agreement between the parties entitles it so to act.
Applicable
Law
Clause 30 - Where the subject matter of an arbitration involves
business dealings within one jurisdiction the applicable law is that of the
said country.
Where the arbitration is international the tribunal will
decide the issues in accordance with the law chosen by the parties. In default of such choice the tribunal will
decide the applicable law under which to decide the issues.
The tribunal will take note in all cases of the practices
usual in any particular trade.
Mediation (conciliation)
Clause 31 - Throughout the arbitration proceedings the parties may, either
of their own initiative or at that of the tribunal reach an agreement on all or
part of the matters in dispute.
The nature of the agreement even if it relates to part only
of the matters in dispute shall be set out in a signed document and transmitted
without delay to the tribunal. The
arbitrators may sign this formal document.
The tribunal may at the request of the parties make an award based on
the agreement between the parties.
Clauses 34 and 35 hereof shall apply to such an award.
The award
Clause 32 - The tribunal can give final awards as well as interim
interlocutory awards limited in their scope.
Such awards are made in writing and shall contain reasons
even when the tribunal gives a ruling in its capacity as amiable compositeur.
The tribunal may order its award to be implemented
forthwith. The parties undertake to
comply with the award immediately and to act in good faith expressly agreeing
not to follow other courses of action.
Clause 33 - When an award is made by three arbitrators it is a
majority decision. In the event that no
majority can be obtained ( i.e. a tie ) the Chair of the tribunal alone will
make the award having advised the committee of the reasons that required him to
do so.
Draft
Award
Clause 34 - The draft award must be signed by the arbitrators and
then forwarded to the committee for its endorsement.
The committee may
recommend alterations of a presentational nature. It may also draw the attention of the
arbitrators to matters of content.
When the committee's approval has been endorsed upon an
award which has not yet been signed by each of the arbitrators the absence of
such signature shall be noted.
Contents
of the Award
Clause 35 - The award shall have endorsed thereon the date and place
where it was given, the name of the arbitrators concerned, the name surname and
titles of the parties concerned as well as their address or registered office
and if appropriate the names of the lawyers or all other persons who
represented or assisted the parties.
The award is then signed by the arbitrators.
It shall not disclose whether the decision was unanimous,
by a majority or decided on the Chair's casting vote. Any dissenting decision shall not be set out in the award nor
annexed thereto.
Confidentiality
Clause 36 - The award is secret and shall not be published without
the agreement of the parties. CAREN may
publish details of decisions made in arbitrations effected under its
aegis. Such summaries shall maintain
the anonymity of the parties and will only reveal those facts which may be
necessary for an understanding of the matter and of the decision which was
reached.
PART VII
- Rectification and correction of material errors on appreciation of
the facts and for increase or reduction of quantum of the award
Clause 37 - The
award brings to an end the tribunal's role in the dispute which it was asked to
decide.
However the tribunal may upon formal request made by any
party be asked to decide matters of interpretation, correction of material
error in order that the award may be finalised or to reinforce it if the
tribunal has failed to make a decision on every matter put before it or if it
has gone beyond the limit of that which it was required to decide. The tribunal will give reasons after having
heard the parties.
The remedies set out in the preceding paragraph shall only
be admissible within six months of the date of the award. Material errors and omissions can also be
corrected by the tribunal of its inherent jurisdiction the parties having been
heard or summoned to make representations.
Should it prove impossible to assemble the same tribunal
reference must be made to the provisions of clause 12 hereof.
The provisions of Clauses 34 and 35 hereof apply also to
the interpretative and corrective decisions.
Such decisions shall require endorsement by the committee and be
registered with the secretary who shall place them with the original award.
PART VIII
- COSTS AND FEES
Clause 38 - An administration fee for the arbitration and the fees
of the arbitrators is chargeable in accordance with the CAREN scale of fees
annexed.
When the amount in question has to be evaluated this is
done by the committee as soon as possible after the date of filing the mission
statement by the secretariat.
When the parties do not wish to reveal the value of the
matters at stake the costs and fees are left entirely to the discretion of the
committee.
The committee can reduce the amounts which would apply if
the scale were used.
The committee can increase the amount of the costs for
administration when in the course of the proceedings additional matters have
arisen which justify an increase.
In exceptional cases and for good reasons given, the
committee can increase the fees paid to the arbitrator.
Clause
39 - The secretariat or, in case of difficulty, the
Committee, shall set the amount and the due date of the deposit on account to
cover costs and fees.
This amount shall be divided equally between
the parties.
If one or other of the parties fails to make payment,
the claimant is responsible for the payment of the amounts due by the
defaulting parties from the date of the request to do so sent to him by the
secretariat.
Failure by the
claimant to pay the deposit on account to cover the administrative costs within
a period of two months from the date of the request to do so sent to him by the
secretariat or the arbitration committee will result in the abolition of the
arbitration body.
PART IX - SIMPLIFIED
ARBITRATION
Clause 40-1 - The provisions of the present Part IX apply , unless the parties agree otherwise,
where the matter at stake fullfils the three following conditions :
- two persons only
are concerned
- the value of the
dispute does not exceed the sum fixed
in the table alluded to in
clause 57
- the claimant's
credit is certain (not seriously challenged), liquid (its amount is determined)
and exigible (date of payment expired)
Clause 40-2 - The amount of the claimant's request is the
capital sum, interests and costs excluded . It cannot be increased .
The respondent's eventual counterclaim is of no effect for
the determination of the value of the dispute, unless it appears that the
claimant's request has been reduced or even presented in order to avoid the
normal arbitration procedure.
If that is the case the Arbitration Committee will give a
ruling.
The
request
Clause 41-1 - The request for arbitration is presented on a form
procured from the secretary.
It contains at least the mentions of that form.
The evidence upon which the claimant bases his demand shall
be joigned.
The whole is established in duplicate.
Clause 41-2 - One exemplar is
sent directly by the claimant to the respondent by registered post with receipt
or by any equivalent mean.
The other one is sent to the secretary or deposited upon
receipt,with payment of the deposit
fixed by clause 47-1 and the proof of the sending of the request to the
respondent.
The
answer
Clause 42-1 - The answer is submitted to the same
rules as the request.
Clause 42-2 - The answer shall
be sent within ten days of the receipt of the request. A late answer should be
rejected, unless the claimant or the arbitrator consents to admit it.
Clause 42-3 - The respondent
pays to the secretary the same deposit as the claimant and in the same time
furnishes the evidence of the sending
of his answer to the claimant.
Subsequent
procedure
Clause 43-1 - The claimant in the event of the defendant's
failure to reply, or the parties may choose between :
- an exclusively written procedure
- or a hearing with
a unique meeting
If the parties do not agree , the procedure will be oral
(hearing).
Clause 43-2 - If they choose the witten procedure, the parties
may notify each other, when they think it useful, a second statement with the
corresponding documents (evidence). A copy should be sent simultaneously to the
secretary and , if he has been appointed, to the arbitrator.
The admissibility ot the second statement is subject to the
respect of a ten days delay, unless consent of the couterpart or arbitrator.
Clause 43-3 - When the procedure is oral the arbitrator
may reject all documents that would not have been communicated in due time by a
party to the other before the hearing.
The
arbitrator
Clause 44-1 - The parties choose an arbitrator registered
on an list established by CAREN
In the event either of the defendant's default or of
absence of agreement of the parties, the arbitrator is appointed by CAREN.
Clause 44-2 - The date and place of the hearing are fixed
by the arbitrator, after he has asked the parties their conveniences.
Clause 44-3 - If need be the arbitrator may in
writing question the parties, and fix a
delay for their reply.
Clause 44-4 - The arbitrator shall follow and ensure that the parties
follow the essentials principles of arbitration, and specially the right of
"contradiction" . He can act as amiable compositeur only with the
parties' assent.
End of
proceedings
Clause 45-1 - The proceedings come to an end on the
arbitrator's decision where he states that either
- one of the conditions required in clause 42-1 is not
fulfilled
- or the solution of the dispute requires application of
the arbitration normal rules.
In such a case the arbitrator informs the parties and CAREN
without delay. Immediately the latter takes the necessary steps.
The same arbitrator shall be appointed in the ordinary
procedure only with both parties' agreement.
Clause 45-2 - Where the proceedings have been entirely
accomplished, the arbitrator gives his award within one month of the closing of
the wrtten procedure or of the date of the hearing.
Clause 45-3 - When for any reason, for exemple the
necessity of a technical checking, the delay of one month cannot be respected,
the arbitrator informs as soon as possible the parties and CAREN.
Immediately the parties make known their observations,and
if necessary the Artitration Committee decides.
Costs and
fees
Clause 46-1 - The costs and fees due to Caren and to the
arbitrator are fixed in a special table.
The deposit to be paid by the parties, as said in
clause 42 , is half of the amounts.
Clause 46-2 - The parties' personal expenses remain their
charge unless otherwise decided by the arbitrator.
Application
of the other parts of the Rules
Clause 47 - The provisions of the parts I to VIII apply
to a simplified arbitration where they are not contrary to those of the present
part IX.
PART X - CONCLUSION
Date of
applicability of the Rules
Clause 48 - The clauses 44-1 to 47 are applicable since
1st of july 1996.
The defendant may refuse their application when the
contract containing the CAREN compromissory clause has been undersigned before
that date.
Clause 49 - These rules (part IX excepted) have come
into force
on
the lst day of January 1995 and apply to all requests for arbitration
registered with the secretariat from that date.
All amendments to these rules approved before registration
of a request for arbitration by the secretariat under Clause 2 hereof shall
apply to arbitrations registered thereafter.
The arbitrators are responsible for ensuring that their
decisions under these rules do not conflict with the substantive law applicable
to the arbitration in question.
Supremacy
of French version
Clause 50 - These rules are intended to be translated into several
languages. In the event of differences
of interpretation the French text shall be final.
Appendix - REAM
Arbitration
Where a dispute is of an international nature and the necessary conditions are fullfilled, the parties may demand the application of the Rules established by the EIEG Réseau européen d'arbitrage et de médiation (CAREN being a member of that Group).