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Rules of the Arbitration Chamber of Paris (2002)
INTRODUCTION
Article 1 :
The aim of the Arbitration Chamber of Paris
is to settle disputes submitted to it by arbitration, which it shall arrange or
by conciliation of the parties.
It is for the arbitrators appointed by the
Arbitration Chamber, once they have accepted the role of arbitrator in
compliance with the Rules of Arbitration herein, to examine and settle disputes
within the framework of the Arbitral Tribunals on which they sit.
The same is true of disputes referred to the
Chamber from Courts.
In addition, the Arbitration Chamber of Paris
provides the Arbitral Tribunals with all necessary material assistance either
by placing at their disposal all the resources which it habitually uses or by
implementing measures which may be decided by them in the course of proceedings
in order to fully perform their mission.
The preceding provisions may be extended to
ad hoc arbitration. In such cases, arbitrators and/or parties who intend to
make use of its services have to determine with the Arbitration Chamber of
Paris which services they wish it to perform.
Finally, the Arbitration Chamber shall cause
to be carried out all expert evaluations, analyses and formalities which are
under its responsibility or which may be called for.
Article 2 :
The legal representative of the
Where the Chairman is prevented from doing
so, his powers shall be exercised by one of the Vice-Chairmans officially
designated as surrogate and only for the duration of such impediment.
RULES OF ARBITRATION
Article 3 :
The Arbitration Chamber shall arrange
arbitration between parties in dispute by forming an Arbitral Tribunal specific
to each case referred to it.
The Arbitration Chamber reserves the right to
refuse any application for arbitration without obligation to explain such
refusal.
When agreeing to request arbitration from the
Arbitration Chamber of Paris, parties shall be deemed to accept the Rules
herein and to abide by their enforcement unless there is any expressly agreed
provision to the contrary.
The claimant shall choose the arbitration
procedure to be applied to their case amongst the procedures provided for under
the present rules and the annexes. The Arbitration Chamber of Paris will not be
held responsible for any consequences resulting from such a choice.
In order to facilitate the recovery of small
money claims that qualify as being unquestionable, liquid and due, the parties
may request implementation of the P.A.R.A.D. procedure as described in appendix
1.
In order to facilitate the recovery of
limited money claims, unless contrary opinion raised by one of the parties, the
rules to be applied will be those under the P.A.R. procedure as described in
appendix 2.
When the parties are bound by a contract
involving the application of procedural rules specific to a particular branch
of the trade, such shall be observed by the Arbitral Tribunal or Tribunals
called upon to resolve the dispute. The rules herein shall apply where their
provisions do not contradict the procedural rules of the trade so adopted.
JURISDICTION
Article 4 :
Once formed an Arbitral Tribunal shall be in
each case the judge of its own competence to sit.
Under penalty of being considered
unacceptable, any plea in bar of jurisdiction must be raised by the interested
party before any defence on the merits of the case itself.
POWERS
Article 5 :
Referral to a dispute to the Arbitration
Chamber of Paris necessarily implies the waiver by the parties involved of any
right of appeal before the relevant Court. Awards shall be final and subject
only to an application for the award to be set aside.
It also necessarily implies acceptance by
them that the Court to which application is made for the award to be set aside
may not rule on the merits of the case where the original award is so set
aside.
Arbitral Tribunals constituted by the
Arbitration Chamber are under no obligation during proceedings to observe the
procedure, time limits or formalities governing Courts. However, the general
principles for the conduct of proceedings set out in Articles 4 to 10, 11
(first paragraph) and 13 to 21 of the Nouveau Code de Procédure Civile (French
New Code of Civil Procedure) shall apply to arbitration proceedings.
Any Arbitral Tribunal shall settle the
dispute referred to it according to the rules of law unless the parties
expressly agree to request the Arbitrators to rule as amiable compositeurs.
In this case the Arbitral Tribunal is
appointed according to Article 15 covering First Degree Tribunals but the
award, based on a majority vote, shall be final and the parties involved shall
be deemed to have waived any possibility of requesting a new examination of the
case by a second Degree Tribunal as provided for by Articles 17 and 18 below.
Arbitration fees are those payable for First Degree proceedings.
If during proceedings which have already
begun the parties agree to change the nature of their request from a request
for a judgement according to the rules of law to a request that the Arbitrators
rule as amiable compositeurs, a statement recording this agreement shall be
drawn up before the Tribunal and signed by the parties and the arbitrators. The
award, based on a numerical majority, shall then be final.
T HE A R B I T RATOR S
Article 6 :
The Arbitral Tribunals shall be formed by
Arbitrators who are either nominated or appointed according to Articles 15, 18
or 35 herein.
When Arbitrators are appointed by the
Arbitration Chamber, they are selected, without prejudice to the exception
provided for in Article 9, from the Single List of Arbitrators drawn up
according to the provisions of Article 8 herein.
The parties in dispute shall have the right
to nominate an Arbitrator not mentioned on the Single List if the Arbitrator
satisfies the conditions laid down by Article 7. The appointment of this
Arbitrator is within the competence of the Chairman of the Arbitration Chamber
of Paris.
Article 7 :
The Arbitrators may be French nationals or
foreigners. They must enjoy full citizen's rights and must currently hold or
have held a post of responsibility of a commercial, technical, legal,
financial, industrial or professional nature.
Whatever the procedure by which they are
appointed, the Arbitrators shall be Judges and as such enjoy all the rights and
be governed by all the duties applicable to such status. In no event whatsoever
may they act or intervene as representatives of any of the parties.
Article 8 :
The names of the Arbitrators are set out in a
Single List drawn up by the Arbitration Chamber of Paris under specialised
sections after an application has been made for a position of Arbitrator made
by the Professional Group, member of the Arbitration Chamber to which they
belong. Acceptance of the aforementioned application is decided by the Board of
the Arbitration Chamber upon due consideration.
The names of newly enrolled Arbitrators will
be added to the end of the Single List until being classed in the relevant
specialists section of the new edition of the list.
An Arbitrator may appear in more than one
specialised section where this reflects his special expertise or in the limited
list provided for in article 14, paragraph 4, of the statutes of the
Arbitration Chamber of Paris.
Article 9 :
Notwithstanding Article 6 and in exceptional
cases, when the nature of the dispute is such as to require it, the Chairman of
the Arbitration Chamber may, in forming an Arbitral Tribunal, appoint any
person whose name does not appear on the List of the Arbitration Chamber,
provided he or she satisfies the conditions laid down in Article 7.
Article 10 :
An Arbitrator may be challenged for the same
reasons as a Judge. In particular, he must not be related to or be an associate
of any of the parties and must have no personal interest in the settlement of
the dispute.
The challenge of an Arbitrator for any reason
preceding his appointment may be requested only within a period of 15 days
following notification of his appointment. After this period, he may be
challenged only for a reason which has become apparent or has come to exist
since his appointment.
The decision as to whether such a challenge
is justified and must be upheld is that of the Chairman of the Arbitration
Chamber of Paris alone and is final.
An Arbitrator may be removed by the party
having nominated him only with the agreement of the other party.
Article 11 :
In the event of the death, refusal,
abstention, inability to sit of any kind, challenge, removal or loss of full
citizen's rights of any Arbitrator due to sit or already sitting on the bench
of an Arbitral Tribunal, the Chairman of the Arbitration Chamber shall replace
him without needing to call for any new nomination by either of the parties.
However, if this replacement occurs during
the debates or during consideration of the award by an Arbitral Tribunal, the
debates must start again from the beginning before the newly appointed
Arbitrator or Arbitrators.
Article 12 :
The Chairman of the Arbitration Chamber
cannot be appointed or nominated as an Arbitrator.
However should an arbitrator be elected to
the presidency of the Arbitration Chamber while sitting at an Arbitral
Tribunal, he shall carry out to its end his commission to arbitrate.
The same provisions shall apply to any
Vice-Chairman where he stands in for the Chairman, and only for the period of
such replacement.
REFERRAL -
ARBITRATION AGREEMENTS - ARBITRATION APPLICATIONS
Article 13
:
A dispute is referred to the Arbitration
Chamber either by an agreement to do so signed by the parties, or by an
application for arbitration based on an arbitration clause contained in writing
in the main contract or in an appendix to that contract.
The Chamber shall arrange arbitration between
parties in dispute in compliance with article 3 of these Rules.
The Arbitration agreement or application must
include the names, professions and addresses of the parties, a summary of the
main facts of the dispute and a precise definition of the subject of the
request.
Whenever the Arbitration Chamber receives an
application for arbitration, it shall inform the defendant or defendants
without delay.
Where the matter is referred to the
Arbitration Chamber by E-mail, telex or fax, same must be confirmed immediately
in writing by a letter signed by the claimant in order to authenticate and date
the application.
WRITS OF SUMMONS
Article 14 :
In the case of First Degree proceedings, of
urgent arbitration or of summary procedure, the Arbitration Chamber shall issue
a summons to appear at an initial hearing before the Arbitral Tribunal once the
claimant or counterclaimant has satisfied, on the one hand, the payment of the
arbitration fees in compliance with Article 43 and, on the other hand, the
supplying of all documents, observations or submissions supporting the
application for arbitration, thus making it possible for the case to be judged.
Hearings may not be held until at least 15
days after the date of the summons to appear is sent to the parties, other than
exceptions provided for herein.
Where Second Degree proceedings are concerned,
the Arbitration Chamber of Paris shall summon the parties to attend an initial
hearing once the applicant for Second Degree proceedings has paid arbitration
fees in compliance with Article 43.
ARBITRAL TRIBUNA L S :
F I RST DEGRE E
Article 15 :
The dispute shall be referred to a so-called
First Degree Arbitral Tribunal of which the bench shall comprise three members
nominated or appointed as follows :
1) The Chairman of the Arbitration Chamber
shall appoint an Arbitrator. This Arbitrator is invariably the Chairman of the
Arbitral Tribunal.
2) Where proceedings are taken against a
single defendant, the claimant shall have the right to nominate an Arbitrator
within 15 days of the date of his arbitration application or of the arbitration
agreement. This Arbitrator is chosen either from the list already drawn up by
the Arbitration Chamber or according to the criteria set out in Article 7
herein. Subject to a time limit of 15 days from date of receipt of notification
of the arbitration application or of the arbitration agreement, the defendant shall
have the same right to nominate an Arbitrator. The Chairman of the Arbitration
Chamber appoints these arbitrators according to the provisions of articles 6
and 7 of the Rules of arbitration.
If, within the time allowed, one of the
parties have not exercised the option to nominate an
arbitrator, the Chairman of the Arbitration Chamber shall appoint an arbitrator
ex officio.
3) If the dispute involves more than two
parties, the Chairman of the Arbitration Chamber shall appoint the three
members of the Arbitral Tribunal.
Article 16 :
If the parties present or represented do not
arrive at an arrangement during the proceedings, the Arbitral Tribunal shall
issue a provisional award on the basis of a majority vote.
This provisional award shall include the names
of the Arbitrators, that of the Secretary in attendance, a concise summary of
the cases of the parties, their respective arguments and the given facts, the
reasons for the award reached and a statement of the fines.
Copy thereof shall be signed by all the
Arbitrators, except where a minority refuse to so sign, such refusal being
recorded, and requires the visa of the Secretary in attendance appointed by the
Chairman of the Arbitration Chamber.
An authenticated copy of the provisional
award shall be sent to the parties and/or to their counsels by the Arbitration
Chamber.
PROVISIONAL AWARD
Article 17 :
Each of the parties may request a second
examination of the case (i.e. by a Second Degree Arbitral Tribunal) within 15
days following the date of receipt of notification of the provisional award.
If within the time allowed in the above
paragraph the Arbitration Chamber has not received written notice of withdrawal
of the arbitration submission by mutual agreement between the parties, nor
received a written request for institution of Second Degree proceedings, the
provisional award shall become the final award on receipt of a simple request
that it be so by one or other of the parties and notice thereof shall be served
to the parties concerned.
Withdrawal of a request to institute Second
Degree proceedings by one party or the failure to satisfy the requirements of
Article 43 within the stipulated time limits, notice having been given to the
other party, shall leave open the possibility for the other party to request
such Second Degree proceedings subject to a time limit of 15 days from the date
of notification.
ARBITRAL
TRIBUNALS : SECOND DEGREE
Article 18
:
If within the time limit laid down by Article
17 above the Arbitration Chamber has received an application for Second Degree
proceedings, it shall form a second Arbitral Tribunal comprising five
Arbitrators, all appointed by the Chairman of the Arbitration Chamber.
Each of the parties shall have the right to
obtain the replacement of one of the Arbitrators thus appointed within 8 days
from receipt of notification of the names of the Arbitrators sitting in the
Second Degree Arbitral Tribunal.
This provision does not preclude the
implementation of Article 11 concerning replacement of Arbitrators prevented
from sitting.
Article 19 :
Arbitrators sitting on the bench of a First
Degree Arbitral Tribunal cannot sit in a Second Degree Arbitral Tribunal
examining the same case. This also applies to those Arbitrators nominated by
one party for First Degree hearings and who have been replaced.
AWARD
Article 20 :
The provisional award of a First Degree
Arbitral Tribunal shall become null and void once the formalities for a Second
Degree arbitration application have been carried out within the stipulated time
limit.
The award of a Second Degree Arbitral
Tribunal shall be issued on the basis of a majority vote.
Article 21 :
The award shall include the names of the
Arbitrators, that of the Secretary in attendance, a concise summary of the
cases of the parties, their respective arguments and the given facts, the
reasons for the award reached and a statement of the fines.
Copy thereof shall be signed by all the
Arbitrators, except where a minority refuse to so sign, such refusal being
recorded, and requires the visa of the Secretary in attendance appointed by the
Chairman of the Arbitration Chamber.
An authenticated copy of the award shall be
sent to the parties and/or to their counsels by the Arbitration Chamber.
DEPOSIT WITH THE CLERK OF THE COURT
Article 22 :
Awards shall be deposited by the Arbitration
Chamber of Paris or by any mandated person at the office of the Clerk to the
Tribunal de Grande Instance of
ENFORCEMENT
Article 23 :
The designation of the Arbitration Chamber of
Paris to organise arbitration implies that the parties agree to execute the
award to be made.
It is up to the parties to file suit, if
necessary, to obtain execution of the awards.
DEPOSIT OF DOCUMENTS
Article 24 :
All documents, evidence and submissions must
be handed or sent to the Secretariat of the Arbitration Chamber, for
examination by the Arbitrators and for consultation by the parties, on days and
at times of opening of the Secretariat as from the date of the writ of summons.
Once the date of the hearing is set in
compliance with article 14, the defendant is under the obligation to file his
dossier with the Secretariat at the latest on the eighth day preceding the date
of the arbitration hearing of which he has been notified. All evidence after
this date may if challenged be declared to have been
filed too late and therefore inadmissible by the Arbitral Tribunal.
Any counterclaim must be duly formulated at
First Degree proceedings at the latest 8 days before the date set for the
hearing and at the latest within 15 days from the first summons to appear
before a Second Degree Arbitral Tribunal. Its acceptance is dependant on
payment of arbitration fees before the hearing according to Articles 41 and 43.
Any counterclaim shall afford to the claimant
the possibility of requesting that the Arbitral Tribunal adjourn in order to
enable him to present a statement. The Arbitral Tribunal will in this event set
a date for the next hearing and the time limits governing exchange of documents
and submissions.
The applicant for Second Degree proceedings
must file his dossier with the Secretariat within 15 days after depositing the
costs, the dossier of the other party having to be filed no later than the
eighth day preceding the date of the hearing.
Upon a motivated request to do so, the time
limit of 15 days provided for by the preceding paragraph may be exceptionally
prorogued by the Chairman of the Arbitral Tribunal or, in the event that the
latter is impeded, by the Chairman of the Arbitration Chamber of Paris, who may
then possibly decide to postpone the hearing to a later date.
Article 25 :
The parties must notify each other of their
files (statements and evidences) and deposit with the Arbitration Chamber as
many copies of the aforementioned files as there are Arbitrators sitting in
First Degree or Second Degree Arbitral Tribunal, plus one for the Arbitration
Chamber.
Dossiers filed with the Secretariat for the
First Degree proceedings and still in the possession of the Secretariat may,
should the occasion arise, be authenticated for Second Degree proceedings by
any or all of the interested parties.
Documents in foreign languages must be
accompanied by a French translation.
However, if the arbitration so requires, the
Chairman of the Arbitration Chamber of Paris may decide to allow documents that
are drafted or translated in English.
There must be no communication of any kind
whatsoever with the Arbitrators.
When samples are produced by parties, they
must be delivered to the Secretariat of the Arbitration Chamber before
proceedings begin. The samples remain at the disposal of the party which has
deposited them for a three month period following the ruling of the Arbitral
Tribunal or the withdrawal of the application for arbitration. Beyond this
period, the Arbitration Chamber may decide on the disposal of them.
APPEARANCE AT HEARINGS AND LEGAL
REPRESENTATION
Article 26 :
Parties to the arbitration may appear at
hearings in person or may be represented by a duly accredited representative.
Barristers are dispensed from producing a mandate.
Parties may be accompanied by advisors.
The parties may present any remarks orally or
in writing. Hearings are usually conducted in French.
However, after decision by the Chairman of
the Arbitration Chamber of Paris, debates may equally be conducted in English
if the documents submitted and oral or written observations made by both the
parties have been in English.
Article 27 :
If in spite of a duly issued writ of summons
the defendant does not appear, is not represented and fails to produce
arguments or evidence, the Arbitral Tribunal may proceed with the arbitration
on the basis of the evidence available.
CONDUCT AND PROGRESS OF HEARINGS
Article 28 :
The hearings of Arbitral Tribunals shall take
place on premises placed at their disposal by the Arbitration Chamber of Paris
within the framework of its role of facilitating arbitration, other than in the
exceptional circumstance that the Arbitral Tribunal chooses another location,
notably should it decide to conduct proceedings on site.
The Chairman of the Arbitral Tribunal shall
set the rules governing hearings and conduct the debates with regard to
maintaining good order. The hearings imply cross-examination and are not open
to persons not concerned by the dispute except where the Arbitrators decide
otherwise with the agreement of the parties. Where persons not involved in the
case are admitted they shall be reminded of their duty to avoid any disturbance
of the hearings and to keep the matter confidential. During the debates and the
private sitting, the Secretary in attendance appointed by the Chairman of the
Arbitration Chamber assists the Arbitral Tribunal.
At the end of the hearing, except where the
case is to be continued at a further hearing, the Chairman shall pronounce the
hearing closed and the private sitting open. From this time on no further
application or evidence may be brought before the Tribunal. Similarly, no
remarks may be made and no documents produced, unless the Chairman of the
Tribunal so wishes, duly notifying the parties in this event.
Where the proceedings are to continue, the
Arbitral Tribunal shall set a date for the next hearing, relevant writs of
summons being served later on its behalf by the Secretariat of the Arbitration
Chamber.
INVESTIGATION PROCEDURES
Article 29 :
The Arbitral Tribunals have the widest
possible powers to seek evidence.
They may subsequently request the parties to
supply explanation of facts, order them to produce evidence or ask, even
ex-officio, for submission of documentary evidence in the possession of third
parties where no legal hindrance to this exists.
They may also and generally speaking order
all and any investigation which they consider to be pertinent. The parties are
required to provide assistance in the conduct of such investigation, the
Arbitrators being at liberty to interpret as they wish any failure or refusal
to so assist the Tribunal.
The Tribunals may finally decide to consult
whomsoever they wish on any matter whatsoever.
ADJOURNMENT OF HEARINGS
Article 30 :
At the request of one of the parties a case
called for an initial hearing may be adjourned with the Chairman's consent.
Such an application for adjournment must be
filed at least 8 days before the date set for the hearing, with the exception
of specific cases on the merits of which the Arbitral Tribunal shall rule.
The Chairman of the Arbitral Tribunal shall
evaluate the merits of any further request for adjournment made by the parties
and decide whether such a request is to be granted or refused.
Article 31 :
If the resolution of a dispute is unduly
delayed on the part of one of the parties to the extent that an adjournment is
necessary, the fee required for consideration of the case at a further hearing
of the Arbitral Tribunal may be equal to one third of the standard arbitration
fee and payable by the party having caused the adjournment.
The Arbitral Tribunal decides whether this
measure is to be implemented.
TIME LIMITS GOVERNING ARBITRATION PROCEEDINGS
Article 32 :
Adoption of the Rules of Arbitration herein
by the parties in arbitration shall necessarily imply their acceptance that the
conventional time limit for consideration of any case by the Arbitrators of
First and Second Degree Arbitral Tribunals is set at one year from the date of
the formal recording of the undertaking to sit by each of the Arbitrators as
well as of the setting up of the Arbitral Tribunal in which they are to sit.
However, after the First Degree Arbitral
Tribunal has ruled on its provisional award, the proceedings are held to
continue until expiry of the time limit for application at second Degree as
provided for by Articles 17 and 18 above.
If application for Second Degree proceedings
is made within the stipulated time limit, proceedings shall continue under the
core of the Arbitration Chamber until expiry of the assignment of the
Arbitrators sitting in the Second Degree Arbitral Tribunal.
By authority of the parties in pursuance of
the provisions herein, the Chairman of the Arbitration Chamber may decide,
according to his own judgement as to what is necessary, to extend for one year
the assignment of the Arbitrators making up each of the First and Second Degree
Arbitral Tribunals. In this event, the Arbitrators and the parties shall be
notified accordingly.
Where the above provision has not been
applied by the Chairman of the Arbitration Chamber, the time limit of one year
set by these Regulations may be extended by the Chairman of the Tribunal de
Grande Instance of Paris (District Court) either with the agreement of the
parties involved or upon request of one of the parties or of the Arbitral
Tribunal.
The latter clause may be applied if necessary
at the expiry of the one-year extension granted by decision of the Chairman of
the Arbitration Chamber.
Article 33 :
When at least one of the parties is resident
outside
-
- Other countries in
- Other countries
..................................................................................
1 month
However, the extensions described above shall
not apply to the time limit of 8 days governing the cases covered in Articles
24 (second and third paragraphs) and 30 (second paragraph).
Article 34 :
All time limits mentioned herein are
calculated on the basis set out by Articles 641 and 642 of the Nouveau Code de
Procédure Civile (French New Code of Civil Procedure).
When a period is expressed in days, the day
of the notification setting into motion the period concerned shall not count.
All time limits expire on the last day at
Any period which would normally expire on a
Saturday, a Sunday, a bank-holiday or a non-working day shall be extended until
the first following working day.
Proceedings are barred by limitation when
neither party has accomplished any diligence for a three-year period. This time
limitation may be pronounced ex officio by the Chairman of the Arbitration
Chamber after a reminder to parties made by registered letter has given no
result. In case of time-limitation, all advance deposits shall become the
property of the Arbitration Chamber of Paris.
URGENT ARBITRATION PROCEDURE
Article 35 :
Implementation of an exceptional urgent
procedure may be requested at the time of the application for arbitration
accompanied by the deposit of a non refundable lump sum amounting to four times
the fixed part of the first bracket of the Arbitration Chamber’s scale of fees
and being deductible from the advance deposit mentioned in article 38,
paragraph 3.
It is incumbent on the Chairman of the
Arbitration Chamber to decide at the earliest opportunity if such a procedure
is to be implemented ; he is under no obligation to
justify his decision.
If the application for urgent consideration
of the case is refused, the application shall be treated according to standard
procedure.
If the application for urgent consideration
of the case is granted, the Arbitral Tribunal shall be composed of five
Arbitrators nominated or appointed as follows :
1) The Chairman of the Arbitration Chamber
shall appoint three Arbitrators, among them the Chairman of the Arbitral
Tribunal.
2) Where the proceedings are taken against a
single defendant, the claimant shall have the right to nominate in his
application for arbitration one Arbitrator who may be chosen from the list
already drawn up by the Arbitration Chamber or who satisfies the criteria set
out in Article 7 herein.
The defendant shall have the same right
subject to a time limit of 8 days from the date of receipt of the notification
of the application for arbitration.
If one of the parties has not availed himself
of his right to nominate an Arbitrator, the Chairman of the Arbitration Chamber
shall do so.
3) If there are more than two parties to the
action, the Chairman of the Arbitration Chamber shall appoint all five
Arbitrators on the panel of the Arbitral Tribunal.
Each of the parties shall have the right of
obtaining the replacement of an Arbitrator appointed by the Arbitration Chamber
provided such replacement is requested within a time limit of five days
following receipt of notification of the names of the Arbitrators. This right
may be exercised only once by each party.
Arbitration proceedings shall take place as
promptly as possible and the Chairman of the Arbitration Chamber shall set,
notwithstanding all other provisions herein, the time limits governing the
formalities of arbitration and in particular those governing the filing at the
Secretariat of papers, documents, submissions and statements by the parties.
Article 36 :
Implementation of a special accelerated
procedure may furthermore be requested where the arbitration required involves
a look and sniff research.
The implementation of this procedure shall be
granted by the Chairman of the Arbitration Chamber after payment by the
claimant of a fixed deposit equal to twice the amount shown in the first level
of the scale of arbitration fees.
If the special accelerated procedure is
applied, an Arbitral Tribunal shall be set up with a panel of five Arbitrators
nominated or appointed according to Article 35 above.
Once the parties involved have been called to
appear according to due process, the Arbitral Tribunal shall decide prior to
any ruling on the existence of given characteristics of smell on the basis of
samples contractually drawn at the time and place of delivery of the goods
under dispute.
Continuation of proceedings in this
connection shall be dependent firstly on the deposition by the claimant of
papers, documents, statements or submissions supporting his application and
such that the case may be duly considered and, secondly, on complete payment of
arbitration fees due according to Article 38, paragraph 3 below, including the
deposit paid in advance.
The Tribunal shall rule on the basis of a
numerical majority (3 votes out of 5). Its ruling shall be final and not
subject to appeal.
Article 37 :
The assignment of the Arbitrators forming the
Tribunal ruling under the accelerated procedure shall last only six months, but
by authority of the parties in pursuance of the implementation of the Rules
herein and on his own initiative, the Chairman of the Arbitration Chamber may
extend this duration by a renewable period of six months with the proviso that
extensions do not exceed two in number. On each occasion the Arbitrators and
parties shall be notified of any such extension.
In the exceptional circumstance where the
task of the Arbitrators sitting in an Arbitral Tribunal has not been completed
when such consecutive extensions have expired, a further extension may be
granted by the Chairman of the Tribunal de Grande Instance of Paris (District Court)
either with the approval of the parties involved or upon request of one of the
parties or of the Arbitral Tribunal.
The arbitration period shall begin to run
from the date of the official document recording both of the willingness to sit
of each of the Arbitrators and the setting up of the Arbitral Tribunal of which
they are to form the panel.
Article 38 :
The ruling of a Arbitral Tribunal governed by
this accelerated procedure shall be given on the basis of a straightforward
numerical majority (3 votes out of 5) ; copy thereof
shall be signed by all the Arbitrators, except where a minority refuse to do
so, in which case this is mentioned in the record, and by the Secretary in
attendance. An authenticated copy of the award shall be notified to the parties.
This award shall be final.
Arbitration fees for this accelerated
procedure shall be twice those normally applicable for First Degree
arbitration.
Article 39 :
If the benefit of the accelerated procedure
is sought by one of the parties in order for the Tribunal to rule on an interim
or warranty measure as in a summary procedure before the Courts, the Arbitral
Tribunal shall be composed of three Arbitrators all appointed by the Chairman
of the Arbitration Chamber of Paris.
Fees for this accelerated procedure shall be
set at twice the amount shown for the first level of the scale of fees.
None of the three Arbitrators may sit or be
asked to sit in the First Degree Arbitral Tribunal, and, if applicable, in the
Second Degree Tribunal, called upon to examine the full case at issue.
The ruling of such a Tribunal shall be
strictly limited to a decision on the interim or warranty measure sought. The
Tribunal may under no circumstances sit in full judgment of the case nor
anticipate the nature of its later settlement.
Article 40 :
The above provisions for Arbitral Tribunal
using an accelerated procedure shall not prejudice implementation of Article 11
in the matter of replacement of Arbitrators unable to sit.
COSTS AND FEES
Article 41 :
At the beginning of each calendar year
arbitration costs in all categories are determined by the Chairman of the
Arbitration Chamber after due consideration by the Board. In particular, the
scale of advance fee deposits is set. This scale is available for consultation
at the Secretariat of the Arbitration Chamber.
Exceptionally the Chairman of the Arbitration
Chamber may set the arbitration fees for First Degree proceedings at a higher
or smaller amount than the one which would result in the application of the
scale of fees.
Arbitration fees for consideration of a case
at Second Degree shall be one and a half times those which have been required
for the main complaint at First Degree for which it has been awarded.
Where no modification is made, the scale in
force in the preceding year shall be simply and automatically carried forward
to the new calendar year.
Article 42 :
In the absence of a decision to the contrary
taken by an Arbitral Tribunal, all costs shall be payable by the losing party.
Article 43 :
The requesting party in any proceedings shall
stand as guarantor of the arbitration costs in all categories as determined
prorata to the sums set by the arbitration fees scale. This requesting party
shall be required to pay over such sums in advance to the Arbitration Chamber
when the Chamber requests him to do so. If this payment is not made within the
time limit set by the Arbitration Chamber, the application for arbitration
shall be considered to have been withdrawn and the parties shall be notified
accordingly.
Should this requesting party withdraw before
any writ of summons has been issued, the advance payment made shall be returned
to him after deduction of costs already incurred by the Arbitration Chamber.
Advance deposits shall become the inalienable
property of the Arbitration Chamber once writs of summons have been issued even
where withdrawal occurs after this point or where the parties agree on or
obtain implementation of measures which may put an end to arbitration.
MISCELLANEOUS PROVISIONS
Article 44 :
All cases referred to the Arbitration Chamber
for consultation or conciliation in pursuance of a Court ruling shall be heard
by a Commission comprising three Arbitrators appointed by the Chairman of the
Arbitration Chamber.
A report on the case shall be drafted by the
Chairman of the Commission and signed by the other Arbitrators and lodged at
the offices of the Clerk to the Court having ordered the referral to the
Arbitration Chamber with an accompanying statement of the expenses incurred by
the latter body.
DATE OF EFFECTIVENESS AND TRANSITORY
PROVISIONS
Article 45 :
The issuing of a provisional award or an
award brings to an end the mission of the Arbitral Tribunal.
Nevertheless the Arbitral Tribunal may, of
its own motion or at the petition of either party, interpret the deed qualified
as an award or a provisional award, correct material errors or omissions which
may affect this deed and supplement it when part of a claim has not been ruled
on. Articles 461 to 463 of N.C.P.C. (French New Code of Civil Procedure) shall
apply. Either party may seize the competent Court when the Arbitral Tribunal
cannot sit again.
Article 46 :
The present edition of the Rules of the
Arbitration Chamber is effective as of
proceedings introduced as of this date.
AP P E N D I X I
-------
P.A.R.A.D. PROCEDURE RULES
ACCELERATED PROCÉDURE FOR RESOLVING DISPUTES
BY ARBITRATION
(in application
of article 3 paragraph 5 of the rules of arbitration of the Chambre Arbitrale
de Paris)
In force the 1st of February 2002
Article 3.A - PRELIMINARY
The P.A.R.A.D procedure is a contradictorily
held arbitration procedure, expeditious and simplified to facilitate and to
accelerate the recovery of small money claims that qualify as being
unquestionable, liquid and due.
This procedure complements the existing
proceedings provided for in the Arbitration Rules of the Arbitration Chamber of
Paris.
The collection of a money claim may be
pursued under the P.A.R.A.D. procedure when the money claim has a contractual
ground and does not exceed in principal the amount of 150.000 euros or
equivalent in another currency as of the date of the arbitration claim), not
including damages and/or indemnities under article 700 of the N.C.P.C (New
French Code of Civil Procedure).
The P.A.R.A.D. procedure shall not apply
where several claimants or defendants are involved.
The mandate and powers of the Arbitral
Tribunal ruling under the P.A.R.A.D. procedure are set forth exhaustively in
the following provisions.
Article 3.B - THE ARBITRATION CLAIM
The arbitration claim, written on a special
form and in duplicate must be handed over or sent to the Secretariat of the
Arbitration Chamber of Paris and despatched simultaneously to the other party
by the most expedient method of communication.
Every claim shall be accompanied by the sum
required for arranging the P.A.R.A.D. procedure in accordance with the
provisions of the article 3.G.
The claim shall state :
- the names and
addresses of the creditor and of the debtor ;
- the precise amount
being claimed together with a detailed account of the various components of the
money claim as well as the grounds of the claim ;
- the confirmation
that the claim has been despatched to the debtor, stating by which means this
has been done together with any relevant papers.
The claim must imperatively be accompanied by
relevant papers and by a copy of the agreement having given rise to the money
claim and mentioning the arbitration clause.
The Arbitration Chamber Paris notifies the
defendant of the written case submitted by the claimant and indicates the date
on which the sole arbitrator will hear the parties.
The defendant is informed as well of the name
of the arbitrator constituted as Arbitral Tribunal and of the hearing dates.
Unless decided otherwise by the Arbitral
Tribunal, additional claims shall not be admitted.
To be admissible, any counterclaim must be
lodged within 5 days from the notification of the arbitration claim. This delay
elapsed, the Secretariat shall invite the
counterclaimant to lodge his case as an initial claim under an arbitration
procedure independent from the procedure already engaged.
Article 3.C - CONSTITUTION OF THE ARBITRAL
TRIBUNAL
The claim shall be referred to a sole
arbitrator appointed by the Chairman of the Arbitration Chamber of Paris.
The arbitrator ruling in pursuance of the
present Rules cannot act as an arbitrator in any subsequent procedure involving
the same parties, in which a matter in connection with those heard under the
P.A.R.A.D. procedure would be raised.
The appointment of the arbitrator may only be
challenged, for a reason existing prior to his appointment, within 5 days
following the notification of the aforementioned appointment. This delay
elapsed, he may be challenged only for a reason which has become apparent or
has come to exist since his appointment.
Article 3.D - DEPOSIT OF DOCUMENTS
No document or additional paper shall be deposited
by the claimant between the date of his arbitration claim and the opening of
the debate.
The defendant is invited to deposit his file
at the latest two working days before the hearing.
Documents shall be filed either in original
or in copy form. In this latter case original documents have to be available
for submission at the hearings.
Article 3.E - AWARD
If, upon examination of the documents that
have been supplied, the claim appears to the Arbitral Tribunal as being
partially or totally substantiated, the Tribunal shall make an award ordering
payment of the money claim for the amount it has retained.
If the claim appears to be unsubstantiated or
if the debate or the materials produced reveal, for whatever reason, that it is
necessary to further investigate the case, the Arbitral Tribunal shall dismiss
as such the whole or part of the payment claim and invite the claimant to refer
it to the Arbitration Chamber of Paris, should the occasion arise, under the
ordinary proceedings provided for in its Rules of Procedure. In such a case, it
is incumbent on either party to lodge an arbitration claim with the Secretariat
of the Arbitration Chamber of Paris which claim will rank on the day of its
registration.
All awards, once notified to the parties, are
final.
Article 3.F - TIME LIMITS GOVERNING
ARBITRATION PROCEEEDINGS
The duration of the mandate of the Arbitral
Tribunal ruling under the P.A.R.A.D. procedure is of one month from the date of
the formal recording of its acceptance to sit.
By authority of the parties, in pursuance of
the provisions herein, the Chairman of the Arbitration Chamber may, on his own
initiative and if he thinks fit, extend the mandate of the arbitrator for one
month.
Article 3.G - FEES
The amount of advanced fees to be deposited
by a claimant either for an initial claim and / or a counterclaim is equal to
the unvarying part of the level of the Arbitration Chamber of Paris scale of
fees in force on the date of the arbitration claim corresponding to the amount
of the litigious money claim.
Said fees shall definitively and entirely
become the property of the Arbitration Chamber of Paris as from the
registration of the arbitration claim, whatever the outcome of the procedure
might be or where the claimant withdraws for any reason whatsoever.
The Tribunal shall rule on the bearing and
eventual sharing of said fees.
----------------------------
AN N E X E I I
-------
P.A.R. PROCEDURE RULES
RAPIDE ARBITRATION PROCEDURE
(in application
of article 3 paragraph 6 of the rules of arbitration of the Arbitration Chamber
of
(in force from
Article 3.A - PRELIMINARY
Parties may have recourse to the P.A.R.
arbitration procedure where the money claim does not exceed in principal the
sum of 45.000 euros or the equivalent in another currency as of the date of the
arbitration claim (not including arbitration fees).
This procedure completes the Rules of
Arbitration of the Arbitration Chamber of Paris, provisions of which remain
applicable unless contrary to the present rules.
The time limits foreseen in the following
provisions are expressed in calendar days.
Article 3.B – THE ARBITRATION CLAIM
The arbitration claim, written on a special
form and in duplicate, must be handed in or sent to the Secretariat of the
Arbitration Chamber of Paris and despatched simultaneously to the other party
by the most expedient means of communication.
All claims must be accompanied by the payment
required for administrating the PAR arbitration procedure in accordance with
the provisions of article 3.G.
The arbitration claim must include
:
- the names and the
addresses of the parties;
- precise details of
the money claim and the grounds on which the claim is based;
- the confirmation that the claim has been
notified to the defendant, stating by which means of communication the
notification has been carried out, together with any relevant documentary
evidence.
The claim must imperatively be accompanied by
documentary evidence and a copy of the agreement which has given rise to the
dispute and which mentions the arbitration clause.
The Arbitration Chamber of Paris will notify
to the defendant the case file submitted by the claimant and indicate the date
on which the Arbitral Tribunal will hear the parties.
The claimant is equally informed as to the
composition of the Arbitral Tribunal and the date of the hearing.
To be admissible, any counterclaim must be
lodged within 10 days from the notification of the arbitration claim. This time
limit elapsed, the Secretariat shall invite the
counterclaimant to lodge his case as an initial claim under an arbitration
procedure independent from the procedure already engaged.
Article 3.C - CONSTITUTION OR THE ARBITRAL
TRIBUNAL
The claim shall de referred to the Arbitral
Tribunal composed of a sole arbitrator appointed by the Chairman of the
Arbitration Chamber of Paris.
The sole arbitrator can, in the event of a
particular difficulty in the examination of the case, make representation to
the Chairman of the Arbitration Chamber of Paris in order that the Arbitral
Tribunal be composed of a panel of arbitrators. In
this event, the Chairman of the Arbitration Chamber shall immediately invite
the parties to appoint an arbitrator within a time-limit of 10 days, failing
which he will proceed with an appointment on behalf of
the parties.
The parties shall be duly informed of the
definitive composition of the Arbitral Tribunal.
The appointment of the arbitrator may only be
challenged, for a reason existing prior to his appointment, within 5 days
following the notification of the aforementioned appointment. This time-limit
elapsed, his appointment may be challenged only for a reason which has become
apparent or has come to exist since his appointment.
Article 3.D – EXAMINATION OF THE CASE
Unless a contrary decision made by the
Arbitral Tribunal, the latter will rule on the basis of the documentary
evidence produced.
No document or additional piece of evidence
shall be submitted by the claimant between the date of the arbitration claim
and the opening of the debate.
The defendant is invited to deposit his case
file at the Secretariat at the latest five days before the date of the hearing
which will have been notified to him.
The documentary evidence must be submitted
either in original or in copy form. In the latter case, original documents must
be available for submission at the hearing on request by the Arbitral Tribunal.
At the request of both the parties, either
one of the parties or automatically, the Arbitral Tribunal can invite the
parties to appear on a day and time that the Arbitral Tribunal fixes.
Article 3.E - AWARD
The Arbitral Tribunal will rule definitively
according to the rules of equity by an award which is notified to the parties.
Article 3.F – TIME LIMITS GOVERNING
ARBITRATION PROCEEDINGS
The duration of the mandate of the Arbitral
Tribunal ruling under the P.A.R. procedure is of one month from the date of the
formal recording of its acceptance to sit.
The request that the sole
arbitrator rule in a panel of arbitrators, provided for under article 3 C
para.2, will interrupt the time limit governing the arbitration proceedings. In this particular case, a new time-limit of one
month shall begin to run from the date of the formal recording of the
acceptance by the Arbitral Tribunal to sit as a panel of arbitrators.
By authority of the parties, in pursuance of
the provisions herein, the Chairman of the Arbitration Chamber of Paris, on his
own initiative, may extend the mandate of the Arbitral Tribunal.
Article 3.G - FEES
The amount of advanced fees to be deposited
by the claimant for an initial claim and/or a counterclaim is equal to the
unvarying part of the level of the Arbitration Chamber of Paris’ scale of fees,
in force on the date of the arbitration claim, corresponding to the amount of
the litigious claim.
The aforesaid fees shall definitively and
entirely become the property of the Arbitration Chamber of Paris as from the
registration of the arbitration claim, whatever the outcome of the procedure
might be or where the claimant withdraws for any reason whatsoever.
The Arbitral Tribunal will rule on the
bearing and eventual sharing of the aforesaid fees.
Barème général / General scale
(1er février 2002 / Effective
|
SOMMES
EN LITIGE / SUM IN DISPUTE / (les tranches ne s'additionnent pas) (To calculate the costs of arbitration, the
amounts calculated for each successive portion of the sum in dispute must not
be added together) |
FRAIS
D'ARBITRAGE / ARBITRATION COSTS (incluant
honoraires TTC de 3 arbitres et frais administratifs) / (including
arbitrators' fees with V.A.T. plus administrative expenses) |
|
entre / Up to 0,000 € et/To 15.000 € |
1 184,08 € |
|
entre / From 15.001€ et/To 30.000 € |
2 776,40 € |
|
entre / From 30.001 € et/To 50.000 € |
4 452,80 € |
|
entre / From 50.001 € et/To 70.000 € |
6 094,82 € |
|
entre / From 70.001 € et/To 100.000 € |
8 468,00 € |
|
entre / From 100.001 € et/To 150.000 € |
10 448,00 € |
|
entre / From 150.001 € et/To 1.500.000 € |
12.242 € + 2,5 % des sommes supérieures à
150.001 € |
|
Au dessus de/ over 1.500.001 € |
La
provision est fixée par le Président de la Chambre Arbitrale |
(*) A
l'exclusion de barèmes spécifiques à certains secteurs d'activité / Not
applicable to economic sectors where specific scales are applied
Barème CAP
applicable aux litiges de négoce ou de transformation de matières premières /
CAP scale applicable to business
or raw material transformation dispute
(1er février 2002/ Effective 1st Febuary 2002 )
Le barème des provisions d'arbitrage se
compose d'une partie fixe à laquelle s'ajoute un
pourcentage de la somme en litige / The advance on costs includes a fixed part
plus a percentage of the sum in dispute and is calculated in accordance with
the scale of arbitration costs hereinafter set out.
|
|
PARTIE FIXE / FIXED PART |
POURCENTAGE
SUR LA SOMME EN LITIGE / PERCENTAGE OF THE SUM IN DISPUTE |
|
|
entre/ Up to 0,000 € |
et / To 15.000 € |
690 € |
3,50% |
|
entre/ Up to 15.001 € |
et / To 30.000 € |
820 € |
3,50% |
|
entre/ Up to 30.001 € |
et / To 45.000 € |
920 € |
3,50% |
|
entre/ Up to 45.001 € |
et / To 60.000 € |
1.120 € |
3,25% |
|
entre/ Up to 60.001 € |
et / To 75.000 € |
1.520 € |
3,00% |
|
entre/ Up to 75.001 € |
et / To 100.000 € |
1.875 € |
2,75% |
|
entre/ Up to 100.001 € |
et / To 150.000 € |
2.425 € |
2,50% |
|
entre/ Up to 150.001 € |
et / To 450.000 € |
3.270 € |
2,25% |
|
entre/ Up to 450.001 € |
et / To 750.000 € |
4.400 € |
2,00% |
|
entre/ Up to 750.001 € |
et / To 1.500.000 € |
8.570 € |
1,75% |
|
Au dessus de/over 1.500.001 € |
Frais
dégressifs (à demander au secrétariat) Decreased costs in proportion (Consult
Chamber for amounts) |
||
Nota: si
le montant en euros des sommes en litige se situe entre deux tranches du
barème, la provision est calculée sur la tranche la plus basse / If the amount
in euros falls between two brackets of the scale, the provision is calculated
on the lower bracket
