Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
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
....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
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
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
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
The Committee shall appoint the third
Article X : Jurisdiction of the
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
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
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
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
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
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
It is up to the parties to sue, if necessary,
to enforce award.
Article XXII : Fast-track
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
Within the same period of one month the
Committee of the Chambre shall constitute the arbitral
6- ....they (the arbitrators) shall render
their award within forty five days from the date when they enter