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Arbitration Rules(3)

  • National and International Rules of Arbitration: International arbitration - Venice Chamber of National and International Arbitration 

      

    National and International Rules of Arbitration 

      

    SECTION I - GENERAL PROVISIONS

     

    Art.1-  Scope of application

    1.These Rules shall govern arbitration and the other proceedings specified under Section VIII hereof, which the parties may initiate for the settlement of any dispute between them, under an arbitration agreement making reference to the "Venice Chamber of Arbitration" or to the "Chamber of Arbitration at the Venice Chamber of Commerce" or to the "Venice Court of Arbitration" or to "VENCA", or equivalent, or to its Rules. For the purposes of these Rules, "arbitration agreement" means an agreement, either separate or incorporated into a contract or contained in an exchange of letters or telegrams or other means of communication, including electronic means of communication, whereby the parties refer to arbitration any dispute which has arisen or may arise between them. 

    2.The Venice Chamber of Arbitration may act as appointing authority and/or administer arbitrations, also under the UNCITRAL Arbitration Rules, if the parties have so agreed in the arbitration agreement. 

    3.If the parties have not subscribed an arbitration agreement, or if the arbitration agreement fails to include even one of the references mentioned in para. 1 above, the party intending to anyway initiate recourse to arbitration under the Rules of the Venice Chamber of Arbitration may apply so by a request for arbitration to be filed with the Venice Chamber of Arbitration according to Art. 11 of these Rules. If the other party fails to agree upon the request for arbitration within 30 (thirty) days from the receipt, the Secretariat of the Venice Chamber of Arbitration shall notify the requesting party that the arbitration cannot be initiated and shall explain the motives. 

    4.The subscription by the parties of the arbitration clause or agreement entails the full knowledge and acceptance of the Bylaws and the Rules of the Venice Chamber of Arbitration, hereinafter referred to as the "Chamber of Arbitration". 

    5.If the arbitration arises out of or is connected with an arbitration clause contained in a company's deeds of incorporation or bylaws, also in derogation of the provisions contained in such a clause, the Appointing Authority (the Board of Arbitration and the Court of Arbitration) shall appoint all the members of the arbitral tribunal, by nominating three arbitrators, except where the clause provides for a sole arbitrator. 

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    Art.2- Rules applying to the procedure

    1.These Rules shall govern arbitration, subject to such other rules as the parties may agree, and subject further to such rules as the arbitral tribunal or the sole arbitrator may fix. 

    2.Without prejudice for any mandatory rules applicable to arbitration. 

    3.At all events, the principles of the debate and of equality in the parties' treatment shall be respected and applied. 

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    Art.3- Place of arbitration

    1.The place where the arbitration is to be held shall be the seat of the Chamber of Arbitration at the Venice Chamber of Commerce, in Venice. 

    2.In derogation of para. 1 above, the arbitrator or the arbitral tribunal may, after consulting the parties and having regard to the circumstances, determine a different place for the efficient conduct of even a part of the proceedings. 

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    Art.4- Roll of arbitrators

    The Chamber of Arbitration can provide the parties with a Roll of arbitrators. The parties may select the arbitrator, the arbitrageur and the expert from the Roll. The mediator shall be preferably selected from the Roll of mediators of the Office of Arbitration and Mediation at the Venice Chamber of Commerce. 

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    Art.5- Representatives of the parties

    The parties shall take part in the proceedings either directly or through representatives provided with the relevant powers, and may be assisted by professionals duly appointed with a proxy to be lodged with the Secretariat. 

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    Art.6- Notices, service of acts and periods of time

    1.Any notice, including the service of acts, shall be effected by all the means which, for the purposes of speed, are usually employed in commercial relationships, provided that they supply proof of the receipt of the notice and the identification of the sender. 

    2.Any notice or service of acts shall be deemed to have been duly effected on the day when and the place where it has been delivered at the address of the addressee, by any of the means contemplated in the previous paragraph. 

    For the purposes of these Rules, a period of time shall begin to run on the day following the day when a notice or service is received. 

    If the last day of such a period is a Saturday or an official holiday, the period of time shall be extended until the first business day which follows. 

    3.Any period of time shall be suspended from August 1st to September 15th of each year and shall re-start as of the day following the last day of the suspension. 

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    Art.7- Acts and documents of the proceedings

    1.The parties shall file with the Chamber of Arbitration any act and attached documents in original and in as many copies as are the parties and the arbitrators. 

    2.The Secretariat shall transmit the copies of the acts and documents filed by each party to the other party/ies and the arbitrator/s. 

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    Art.8- Duty of confidentiality

    1.The Chamber of Arbitration, the arbitrators, the technical advisor, the mediator, the arbitrageur, the experts and the parties shall maintain confidentiality on any news and information referring to the proceedings or the awards. 

    2.The parties may expressly authorize the Chamber of Arbitration to publish the awards, either in full or with the exclusion of any particulars regarding the identity of the parties and the subjects involved in the proceedings. 

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    Art.9- Payment of the costs of the proceedings

    1.The payment of the costs of arbitration, arbitrage and arbitral expertise shall be made respectively by the arbitrators and the arbitrageurs, according to the attached Schedule of Fees which is an integral part of these Rules, subject to prior verification of compliance by the Director of the Chamber of Arbitration. 

    2.The payment of the fees of the technical advisor shall be made by the arbitrator or the President of the arbitral tribunal, according to the prevailing professional fees. 

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    Art.10- Advance deposit on the costs of the proceedings

    1.The parties shall pay an advance deposit on the costs of the proceedings fixed by the Director according to the attached Schedule of Fees, on the basis of a prior provisional appraisal of the value of the dispute, having regard of the complexity of the claims raised by the parties and the amounts claimed. 

    2.No action shall be taken by the Chamber of Arbitration, if the parties fail to pay the advance deposit within 20 (twenty) days from the relevant request by the Director. 

    All such payments shall be equally distributed between the parties until the closing of the proceedings. If a party fails to provide for the requested deposit within the fixed period of time, the other party may provide so. In such an event, the relevant amount shall be included in the award as a credit with the most diligent party. Failure by the parties to make even one single payment shall entail the stay of the proceedings, whose period of time shall re-start upon the making of such a payment. If a payment is not made within six months from the relevant request, the Chamber of Arbitration shall dismiss the proceedings. 

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    SECTION II - COMMENCEMENT OF THE PROCEEDINGS

    Art.11- Request for arbitration

    1.The party intending to initiate recourse to arbitration shall apply so by a request for arbitration, signed by such a party, addressed to the other party and to the Secretariat. The request for arbitration shall contain the following: 

    a.           the particulars for the identification of the parties, namely the names, the address and the details of the domicile for notices and the service of acts; 

    b.           the act containing to the arbitration clause or agreement or, as specified in Art. 1, para. 3 of these Rules, the request to the other party that the dispute be referred to arbitration under the Chamber of Arbitration; 

    c.           a description of the nature and object of the dispute with documents attached and, to the extent possible, the relief sought and the amounts claimed; 

    d.           the appointment of the arbitrator provided for in the arbitration agreement, the particulars for the identification of the arbitrator, and the request to the other party to appoint its arbitrator, or that the dispute be referred to a sole arbitrator, if allowed so by the arbitration agreement; 

    e.           the particulars for the identification of the claimant's representative and his/her address for the purposes of the arbitration, and the power of attorney, if any, granted by the party to its counsel. 

    2.A copy of the request for arbitration shall be transmitted by the Secretariat to the other party, according to the provisions contained in Art. 6 of these Rules, within 5 (five) working days from the date of the submission. 

    3.The dispute shall be deemed to have been referred to arbitration at the time of the transmission of the request for arbitration to the defendant. 

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    Art.12- File of the proceedings

    The Secretariat shall open a file of the proceedings, by assigning it a reference number by year, and shall make an entry of such a number into the relevant chronological register, under the date of receipt of the request for arbitration. 

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    Art.13- Answer to the request for arbitration

    1.The respondent, within 20 (twenty) days from the receipt of the request for arbitration, shall file an answer to the request with the Secretariat which shall copy it to the claimant within 5 (five) working days from the date of the submission. The answer to the request shall contain the following: 

    a.the particulars for the identification of the respondent, namely the names, the address and the details of the domicile for notices and the service of acts; 

    b.     the defences and applications; 

    c.the counterclaims, if any; 

    d.     the appointment of the arbitrator, if required by the arbitration agreement; 

    e.the particulars for the identification of the respondent's representative and his/her address for the purposes of the arbitration, and the power of attorney, if any, granted by the party to its counsel. 

    2.If the respondent fails to appoint its arbitrator, and the dispute cannot be referred to a sole arbitrator, the respondent's arbitrator shall be appointed by the Board of Arbitration for a domestic arbitration, and the Court of Arbitration for an international arbitration, according to the provisions contained in Art. 16 of these Rules. 

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    Art.14- Counterclaims

    If the respondent raises a counterclaim in its answer, the claimant is entitled to file its defence within 20 (twenty) days from the receipt of the counterclaim by care of the Secretariat. The Secretariat shall forward the claimant's defences to the respondent within 5 (five) working days from the submission. 

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    Art.15- Advance deposit on the costs of arbitration

    1.The Director, on the basis of the documents specified under Arts. 11 and 13 hereof, shall make a provisional appraisal of the value of the dispute, and shall request the parties to provide in equal parts for an advance deposit on the costs of arbitration specified in Art. 35 of these Rules. The value of the dispute shall be ascertained on the basis of the whole of the parties' claims and the amounts claimed. 

    2.In the event of one or more counterclaims, the Director may request the parties for separate deposits for the main claims and the counterclaims. 

    3.If the value of the dispute is initially unascertainable, the Director shall fix the amount of the advance deposit to be paid on the costs of arbitration. 

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    SECTION III - THE ARBITRATOR

    Art.16- Appointment of the arbitrator

    1.The appointment of the arbitrator or the arbitral tribunal shall be made: 

    -by the Board of Arbitration for domestic arbitrations; 

    -by the Court of Arbitration for international arbitrations, 

    hereinafter referred to as the "Appointing Authority". 

    2.Arbitrations under these Rules shall be referred to a sole arbitrator or an arbitral tribunal made of three or more arbitrators (hereinafter referred to as the "arbitrator"), provided, however, that the number of arbitrators is always an odd number. The parties failing to specify the number of arbitrators, a sole arbitrator shall be appointed by the Appointing Authority to decide upon the dispute, except that the parties deem that the characteristics of the dispute demand that it be referred to a tribunal of three arbitrators. 

    3.The parties failing to appoint the arbitrator/s, the latter shall be appointed by the Appointing Authority. Such a provision shall apply also in the event that the parties fail to appoint the President of the arbitral tribunal. If the arbitration agreement provides for an even number of arbitrators, the arbitral tribunal shall be made of the indicated number of arbitrators plus one, acting as President. 

    4.Number of parties: 

    a. in the event that an arbitration involves more than two parties raising conflicting claims which cannot be reduced to a bilateral scheme, and/or in the event of disputes between companies, in the absence of specific provisions in the arbitration agreement on the number of arbitrators and the modalities of their appointment, the Board or the Court of Arbitration shall appoint three arbitrators, one of them acting as President; 

    b.in the event that the arbitration agreement contains specific provisions on the number of arbitrators, or having regard to factual circumstances which demand an arbitral tribunal of more than three arbitrators, the Appointing Authority shall make the necessary appointments in order to obtain an odd number of arbitrators. 

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    Art.17- Acceptance of the appointment

    1.An arbitrator accepting the appointment in an arbitration administered by the Chamber of Arbitration, such an appointment being made either by a party, the other arbitrators, the Chamber of Arbitration or another subject, shall expressly undertake to perform his/her duty under the Rules of the Chamber of Arbitration and the attached Ethical Code. 

    2.The Ethical Code shall apply also to the technical advisors appointed in the arbitrations referred to the Chamber of Arbitration. 

    3.The arbitrator shall notify the Secretariat of his/her acceptance of the appointment within 10 (ten) days from the receipt of the notice of appointment. The arbitrator failing to so notify the Secretariat, the appointment shall be deemed to have been refused. 

    4.Upon acceptance of the appointment, the arbitrator shall provide a statement whereby he/she declares the lack of any link to or interest in common with the parties, their counsels or representatives, or the object of the dispute, which may reasonably impair the parties' trust in the arbitrator's independence and impartiality. 

    5.In the event of any other serious impediment affecting the arbitrator's independence and impartiality, the arbitrator shall ask the Appointing Authority permission to forbear. 

    6.The appointment of a new arbitrator replacing the arbitrator refusing the appointment shall be made by the party, if this was the case with the first arbitrator, within 10 (ten) days from the notice of refusal. If the first appointment had been made by the Appointing Authority, the latter shall appoint the new arbitrator within the same period of time. 

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    Art.18- Challenge procedure, waiver and impediment

    1.A party is entitled to submit to the Secretariat a motivated request for the challenge of the arbitrator, within 20 (twenty) days, sub poena of forfeiture, from the receipt of the arbitrator's statement of acceptance, or from the time the party has become aware of the circumstances on which it intends to base its request for challenge.  

    2.The Appointing Authority shall decide upon the challenge within 20 (twenty) days from the receipt of the relevant request, after having heard the arbitrator and given to the other arbitrators and the other party the opportunity to comment. 

    3.The parties and the arbitrators shall be given immediate notice of the Appointing Authority's decision on the request for challenge. 

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    Art.19- Replacement of the arbitrator

    1.An appointed arbitrator shall be replaced by a new arbitrator under the following circumstances: 

    a. the appointed arbitrator refuses the appointment or waives after having accepted the appointment; 

    b.the Board or the Court of Arbitration accepts the request for challenge of the arbitrator; 

    c. the Board or the Court of Arbitration dismisses the arbitrator for infringement of the obligations imposed by these Rules or for any other serious motives; 

    d.the arbitrator dies or, else, he/she is no longer capable of performing his/her duties due to illness or other serious motives. 

    2.The Secretariat shall have the authority to stay the proceedings under any of the circumstances listed in para. 1 above. 

    3.The new arbitrator shall be appointed by the same agent having appointed the arbitrator to be replaced. If the new arbitrator is also to be replaced, another arbitrator shall be appointed by the Board or the Court of Arbitration. 

    4.The Board or the Court of Arbitration shall also fix the fees for the replaced arbitrator, on the basis of the activities he/she has performed and the motives for the replacement. 

    5.In the event of replacement of the arbitrator, the new arbitrator shall have the authority enjoin the total or partial renewal of the proceedings. 

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    SECTION IV - THE PROCEEDINGS

    Art.20- The procedure

    The arbitration shall be conducted pursuant to the applicable law, except that the parties expressly request the arbitrator to decide ex aequo et bono, the object of the dispute allowing so under the applicable law. 

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    Art.21- Transmission of the acts and preliminary conference

    1.The Secretariat shall transmit the arbitrator the introductory acts filed by the parties, including all attached documents, only after the advance deposit provided for in Art. 15 of these Rules has been paid. 

    2.The arbitrator, upon receipt by the Secretariat of the file of the proceedings and within 30 (thirty) days, shall convene the parties to the preliminary conference, for the purposes of organising and scheduling the subsequent proceedings and fixing the applicable rules.  

    3.The minutes recording the preliminary conference shall be signed by the parties or their representatives. In the event that an arbitral tribunal has been appointed, all its members shall sign such minutes. 

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    Art.22- Jurisdiction

    Any objection as to the lack of jurisdiction of the arbitrator shall be raised no later than the preliminary conference provided for in Art. 21, para. 2 above, sub poena of forfeiture. When an objection is raised as to the lack of jurisdiction of the arbitrator, including any objection as to the existence, effectiveness or validity of the arbitration agreement, the arbitrator shall decide on such an objection either by interim award or final award. 

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    Art.23- Powers of the arbitrator

    1.If the object of the dispute allows so, the arbitrator shall attempt a mediation of the dispute, such an attempt to be repeated at any time during the course of the arbitration. If the parties reach a settlement, the same shall be recorded in minutes. The parties, by submitting the relevant pleadings, may request the arbitrator to acknowledge the settlement in the final award. If the settlement does not cover the whole object of the dispute, the arbitration shall continue as for the remaining questions in dispute. 

    2.At all events, the arbitrator shall fix a period of time, which may also be final if the circumstances require so, for the parties to submit their defences and objections, and produce the evidence which they should deem important. 

    3.The arbitrator shall hear the parties and admit, also officially, the evidence which he/she may deem opportune, respecting the principles of the debate and the right of the parties to defence. The arbitrator shall have the authority to make inspections and, if necessary, to appoint technical advisors. 

    4.The arbitrator shall have the authority to take all precautionary, urgent and interim measures, also of precursory nature, which are not forbidden by the mandatory rules applicable to the arbitration. 

    5.The arbitrator having to decide upon more than one pending proceedings, may combine them according to their connections, if the nature and status of the arbitration allows so. 

    6.If more than one disputes are pending in the same arbitration, the arbitrator may separate the relevant proceedings. 

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    Art.24- Hearings, minutes and notices

    1.Unless the parties have otherwise agreed, the arbitrator shall notify them of the date of the hearing in writing and duly in advance. 

    2.If one of the parties, duly notified under these Rules, fails to appear at the hearing without showing sufficient cause for such a failure, the arbitrator shall have the authority to proceed with the hearing. If the notice is deemed irregular, the arbitrator shall give the parties a new notice. 

    3.Any hearing and activity performed by the arbitrator shall be duly recorded in minutes, copies whereof shall be transmitted from time to time to the parties and the Secretariat. At the closing of the arbitration, the originals of the minutes shall remain with the Chamber of Arbitration. 

    4.The Secretariat shall give prompt notice to the parties of any acts relating to the arbitration. 

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    Art.25- Orders

    1.The arbitrator, subject to the provisions regulating the rendering of the award, shall have the authority to issue orders, also precautionary, if allowed so under the applicable law. 

    2.The orders shall be issued by the majority of the arbitrators. No personal meeting of the arbitrators shall be necessary. 

    3.The orders shall be in writing and shall be signed even by the sole President of the arbitral tribunal. 

    4.The orders shall be revocable. 

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    Art.26- Default

    1.If the defendant fails to appear, without prejudice to the provisions contained in Art. 1, para. 3 above, the arbitrator to be appointed by such a party shall be appointed by the Appointing Authority, and he/she shall proceed with the arbitration by default. 

    2.If the defendant appears but fails to appoint the arbitrator, and in the event that the arbitration cannot be decided by a sole arbitrator, the party's arbitrator shall be appointed by the Appointing Authority. 

    3.If, within the period of time fixed by the arbitrator, 

    a. one of the parties fails to perform its procedural activities under these Rules, without showing sufficient cause for such a failure, the arbitrator shall issue an order to proceed with the arbitration; 

    b.one of the parties, duly notified under these Rules, fails to appear at a hearing without showing sufficient cause for such a failure, the arbitrator shall have the authority to proceed with the arbitration; 

    c. one of the parties, duly invited to produce documentary evidence, fails to do so within the established period of time without showing sufficient cause for such a failure, the arbitrator shall have the authority to render the award on the evidence before him/her. 

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    Art.27- Evidence

    1.The arbitrator shall examine the parties and admit, officially or upon request by the parties, the evidence which are not excluded by the mandatory rules applicable to the arbitration or the merits of the dispute. 

    2.The arbitrator shall freely evaluate the evidence, except for the evidence having legal efficacy according to the mandatory rules applicable to the arbitration or the merits of the dispute. 

    3.The arbitrator shall admit evidence directly, subject to the authority of the arbitral tribunal to appoint one of its members to direct admission. 

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    Art.28- Technical advice

    1.The arbitrator may officially appoint one or more technical advisors or he/she may delegate such an appointment to the Chamber of Arbitration. 

    2.The official technical advisor shall be subject to the same obligations provided for the arbitrators by these Rules, and he/she may be subject to the challenge procedure. 

    3.The official technical advisor shall allow the parties to assist to his/her technical activities, either directly or through their counsels. 

    4.If technical advisors are appointed officially, the parties shall be entitled to appoint party technical advisors. The activities performed by the technical advisor in the presence of party technical advisors shall be deemed to have been performed in the presence of the parties. 

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    Art.29- New claims

    1.The arbitrator shall decide upon the merits of new claims raised by the parties in the course of the arbitration, under one of the following conditions: 

    a. the party against which the claim has been raised declares to accept the cross-examination or does not raise any objections as to admissibility, prior to any defence on the merits; 

    b.the new claim is objectively connected to one of the claims already referred to arbitration. 

    2.At all events, the arbitrator shall guarantee the cross-examination with respect to the new claims. 

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    Art.30- Settlement composition and waiver

    The parties or their counsels shall notify the Secretariat of any waiver following a settlement or for any other motive, thus exonerating the arbitrator, if already appointed, from the obligation to render an award. 

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    Art.31- Confidentiality of the disclosures made during the arbitration

    Any documentary or other evidence given by a party or a witness in the course of the arbitration shall be treated as confidential. To the extent that evidence relate to information that are not in the public domain, such information shall not be used or disclosed to any third party for any purpose whatsoever, without the prior consent of the parties or an order by the competent Court. 

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    SECTION V - THE AWARD

    Art.32- Arbitral award

    1.The arbitrator shall render the award not later than 180 (one hundred eighty) days from the acceptance of the appointment as a sole arbitrator, or from the establishment of the arbitral tribunal. Beside the final award, the arbitrator shall have the authority to render interim awards or partial awards, also precautionary, if allowed so by the applicable law. The arbitrator may subject the enforcement of interim awards or precautionary awards to adequate guarantees by the parties requesting the precautionary measures. 

    2.The award shall be rendered in writing by the sole arbitrator, or the arbitral tribunal by a majority of the arbitrators meeting personally. 

    As to questions of procedure, the decisions shall be made autonomously by the President of the arbitral tribunal, if expressly authorized by the arbitral tribunal. 

    3.The award shall be signed by the sole arbitrator or by each member of the arbitral tribunal, also in different times and places, provided, however, that each signature is accompanied by the date when and the place where the signature was affixed. 

    If one of the members of the arbitral tribunal does not want to or cannot sign the award, the award shall expressly state the motives for the absence of the signature. 

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    Art.33- Contents of the award

    1.The award, to be rendered in writing, shall rule upon all the claims raised by the parties, by giving adequate and satisfactory explanation of the decisions. 

    2.The award shall contain: 

    a. the particulars regarding the parties and their counsels; 

    b.the reference to the arbitration agreement and the claims raised by the parties; 

    c. the motives for the decision; 

    d.the decision; 

    e. the particulars regarding the place of arbitration or the place where and the modalities how the award was rendered; 

    f.  the signatures of all the arbitrators and the date when such signatures were affixed; 

    g. the amount of the costs of the arbitration and the distribution of the relevant payments between the parties. 

    3.The arbitrator shall file the award with the Secretariat, in a number of originals as the number of the parties plus one which shall remain filed with the Chamber of Arbitration. 

    The Secretariat shall transmit the award to each party, via registered letter with return receipt, within 10 (ten) days from the submission. 

    4.The transmission of the award under para. 3 above shall be subject to the payment of the costs of arbitration specified in Art. 35 of these Rules. 

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    Art.34- Extension of periods of time

    The Board of Arbitration may extend the period of time stated under Art. 32, para. 1 above, by 90 (ninety) days, upon a motivated request by the arbitrator, in the event that a partial award is issued, that the matter in dispute is complex or requires in-depth pre-trial investigation and, at all events, under serious circumstances or upon joint application by the parties. 

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    Art.35- Payment of the costs of arbitration

    1.The payment of the costs of arbitration shall include: 

    a. the arbitrators' fees and expenses, to be determined according to the attached Schedule of Fees, on the basis of the value of the dispute, having also regard of the complexity of the dispute, the speed of the proceedings and the activities performed by the arbitrator. In the event that an arbitral tribunal has been appointed, the Director may fix different fees for the members of the arbitral tribunal and in particular for the President with respect to the other arbitrators; 

    b.the official technical advisors' fees and expenses; 

    c. the administrative fees determined in the attached Schedule of Fees, which shall be paid to the Chamber of Arbitration for administrative services. 

    2.The parties shall jointly and severally contribute to the payment of the above costs and expenses. 

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    Art.36- Correction of the award

    1.A party may, within 30 (thirty) days from the receipt of the award, by direct application to the arbitrator and a copy to the Chamber of Arbitration and the other party, request to correct any clerical, typographical or computational errors in the award. If the arbitrator deems the request to be justified, he/she shall make the corrections within 30 (thirty) days from the receipt of the request. Any correction, which shall be made in a separate memorandum signed by the arbitrator pursuant to Art. 32, para. 3 of these Rules, shall become a part of the award. 

    2.After having heard the parties, the arbitrator may correct any error of the type referred to in the preceding paragraph on his/her own initiative, within 30 (thirty) days from the date when the award was rendered. 

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    Art.37- Interpretation of the award

    Either party may, within 45 (forty-five) days from the receipt of the award, with prior notice to the other party, request that the arbitrator gives an interpretation of the award. 

    The interpretation shall be given in writing within 60 (sixty) days from the receipt of the request. The interpretation shall form a part of the award and shall be subject to the provisions of Art. 32, paras. 2 and 3 of these Rules. 

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    SECTION VI - INTERNATIONAL ARBITRATION

    Art.38- International Arbitration

    1.The Chamber of Arbitration may administer international arbitrations under these Rules, if at date of the subscription by the parties of the arbitration clause or agreement at least one the parties had its residence or registered offices abroad, or when a relevant part of the activities to be performed under the relationship in dispute is performed abroad. 

    2.International arbitrations shall be governed by Sections I to V and VII of these Rules, unless otherwise agreed by the parties, and subject to the provisions contained in this Section VI. 

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    Art.39 - Language of the arbitration

    1.The parties shall indicate the language of the arbitration in the request for arbitration and the answer to the request. The parties failing to do so, the language of the arbitration shall be indicated by the arbitrator, having regard to the language of the contract concluded by the parties in dispute and used by the parties in the course of their relationship, with particular reference to the correspondence exchanged between them. 

    2.The arbitrator may authorize the submission of documents in a language other than the language of the arbitration, and may order that the documents be translated in the language of the arbitration. 

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    Art.40- Law applicable to the merits

    1.The parties shall be free to agree upon the law applicable to the merits of the dispute. 

    2.The parties failing to reach such an agreement, the arbitrator shall apply the law with which the contract has the closest connection. 

    3.The arbitrator shall decide ex aequo et bono only upon written agreement between the parties. 

    4.At all events, the arbitrator shall take account of common business practices. 

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    Art.41- Rules governing the proceedings

    1.The period of time fixed for the submissions of any written statement shall not exceed 45 (forty-five) days. However, the arbitrator may extend such a period of time if he/she concludes that an extension is justified. 

    2.The arbitrator shall fix the number, dates, time and place of the hearings. The hearings shall be attended by the parties' representatives and the arbitrators, with the exclusion of any third parties, except that interpreters or typists have been admitted by the arbitrator upon a justified request of a party. The costs of interpretation, transcription or tape/video recording shall be at the charge of the party requesting such services, and procurement of these services shall be made by the Secretariat. 

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    Art.42- Nationality of the President of the arbitral tribunal

    If the parties are resident or have their registered offices in different countries, the President of the arbitral tribunal shall be appointed by the Court of Arbitration among the nationals of a third country, unless otherwise agreed by the parties or decided by the Court of Arbitration for the purposes of speed of the arbitration. 

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    Art.43- Closing of the proceedings

    1.The arbitrator, when he/she deems that a decision is ready to be made on the dispute, shall declare the proceedings closed and minutes thereof shall be recorded fixing a time limit for final submissions, if the parties submit the relevant request or waive any further debate. 

    2.The arbitrator shall have the authority to re-open the proceedings at any time before the award is rendered, if he/she considers it necessary owing to exceptional circumstances, on his/her own motion or upon application by the parties. 

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    Art.44- Arbitral award

    The arbitrator shall render the award not later than 60 (sixty) days from the date of the closing of the proceedings, or, if the debate has been waived, from the date of the submission of the final statements. 

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    Art.45- Extension of periods of time

    The Court of Arbitration may, unless otherwise agreed by the parties, extend the period of time stated under Art. 44, by 90 (ninety) days, upon a motivated request of the arbitrator, in the event that a partial award is issued, that the matter in dispute is complex and, at all events, under serious circumstances or upon joint application by the parties. 

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    SECTION VII - EXPEDITED PROCEDURE

    Art.46- The procedure

    1.The expedited procedure shall apply to an arbitration where the disputed amount does not exceed Euro 100.000 (one hundred thousand). The expedited procedure shall be ruled by the provisions contained in this Section VII, unless otherwise agreed by the parties. 

    2.The parties shall accept all notices from the Board or the Court of Arbitration by telephone. Such notices shall be subsequently confirmed in writing to the parties, also by fax or telegram. The procedure shall be deemed valid if the notices have been made by telephone and the relevant written confirmations have been sent to the receiver via registered mail, by fax, telegram or any other electronic means enabling the identification of the sender. 

    3.If the value of the request for arbitration, including the counterclaims, does not exceed Euro 100.000 (one hundred thousand), interests and costs of arbitration excluded, the Board or the Court of Arbitration shall appoint a sole arbitrator. 

    4.The appointment of the arbitrator shall be communicated to the parties by telephone and confirmed in writing. The appointed arbitrator may be challenged for the motives and pursuant to the terms established in Art. 18 of these Rules. 

    Within 10 (ten) days from the notice of appointment, the parties shall inform the Board or the Court of Arbitration of any objections against the appointed arbitrator, by telephone or any other electronic means. Any objections against the arbitrator shall be confirmed by the challenging party in writing to the Board or the Court of Arbitration, also by fax or any other electronic means enabling the identification of the sender. A copy of such a notice shall be sent to the other party or parties who shall be entitled to comment. 

    5.The proceedings shall be generally completed within one day. If the dispute cannot be settled on the basis of the submitted documents, or for good cause shown, the arbitrator may fix another hearing to be held within the following 20 (twenty) days. 

    6.Unless otherwise agreed by the parties, the arbitral award shall be rendered not later than fifteen (15) working days from the closing of the proceedings. 

    Index 

      

    SECTION VIII - OTHER PROCEEDINGS

    Art.47- Mediation

    1.The parties may request the appointment of a mediator for the amicable settlement of any dispute between them. 

    2.The request shall contain the particulars for the identification of the parties and their representatives, if appointed, as well as a description of the nature and object of the dispute. All relevant documents shall be attached to the request, if they are mentioned therein and are useful for the comprehension of the matter in dispute. 

    3.The request may be submitted by the parties jointly. 

    4.The Secretariat shall notify the other party that a request for mediation has been submitted and, if that party refuses or does not subscribe to such a request within 45 (forty-five) days from the receipt, the Secretariat shall discharge the proceedings. 

    5.If the party to which the request for mediation has been notified accepts, or in the event of a joint request, the mediator shall be appointed within 10 (ten) days from the notice of the acceptance or the submission of the joint request. 

    6.The mediator shall be appointed by the Board of Arbitration, preferably from the Roll of mediators of the Office of Arbitration and Mediation at the Venice Chamber of Commerce. 

    7.The costs of mediation, to be determined according to the attached Schedule of Fees, shall be paid by each party before commencement of the mediation. The parties failing to make such a payment, the Secretariat shall stay the proceedings. 

    8.The mediation proceedings shall be free in form, without prejudice to the respect of the principle of the debate, shall be conducted mainly verbally, and shall be generally closed in one single conference. 

    9.The mediator shall hear the parties jointly and separately and, at the closing of the conference, shall record and sign together with the parties the minutes declaring that a settlement has been reached or that a mediation is not possible. In the event that a settlement is reached, the same shall be reproduced in a separate written document signed by the parties only. 

    10.The mediator shall issue the minutes in a number of originals as the number of the parties plus one which shall remain filed with the Chamber of Arbitration. 

    11.The minutes of the mediation shall be enforceable against the parties if the applicable law provides so. 

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    Art.48- Arbitrage

    1.The parties may request, also jointly, the appointment of one or more arbitrageurs having the task of determining the contents of a contractual provision. 

    2.The request, to be addressed to the Secretariat, shall contain the particulars for the identification of the parties and their representatives, if appointed, as well as a description of the nature and object of the dispute, and a specific indication of the contractual provision whose contents are to be determined, and of those connected to it. 

    3.The arbitrageur or the members of the panel of arbitrageurs shall be appointed by the Appointing Authority identified in Art. 16 of these Rules. 

    4.These Rules shall apply to the arbitrage, to the extent they are consistent with it, and unless otherwise agree by the parties. 

    5.The arbitrage shall be closed within 180 (one hundred eighty) days from the appointment of the arbitrageur. 

    6.If so provided for in the deeds of incorporation of a partnership or a limited liability company, the settlement of disputes regarding business management shall be referred to one or more arbitrageurs appointed by the Board of Arbitration. 

    The Board of Arbitration, if so provided for in the deeds of incorporation, shall appoint a panel of arbitrageurs to which any objection on the decision shall be submitted, under the terms and the conditions set forth in the deeds of incorporation. The deeds failing to provide so, the Board of Arbitration shall appoint a panel of three arbitrageurs who shall respect the period of time set forth in the preceding para. 5. 

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    Art.49- Contractual expertise

    1.The parties may request, also jointly, the appointment of an expert, having the task of making an expertise. 

    2.The request shall contain the particulars for the identification of the parties and of their representatives, if appointed, as well as a description of the nature and object of the dispute, all relevant documents, and the specification of the object of the expertise. 

    3.The request for expertise submitted by a party shall be transmitted by the Secretariat to the other party within 10 (ten) days from the receipt. The respondent may accept the request either by written notice to the Secretariat or by a statement of defence and counterclaims to be filed with the Secretariat within 10 (ten) days. 

    4.Failure by the respondent to accept the request shall not affect the validity of the proceedings. 

    5.The expert shall be appointed by the Appointing Authority identified in Art. 16 of these Rules among individuals meeting the requisites and having the qualifications to make the requested expertise. 

    6.The expertise shall be made within 60 (sixty) days from the appointment of the expert. 

    7.The expertise shall be filed in original with the Secretariat which, within 10 (ten) days, shall inform the parties of the effected expertise, and of the amount of the costs of the activity performed by the expert, according to the attached Schedule of Fees. 

    8.The transmission of the copy of the expertise to either party shall be subject to the payment by the parties of the above mentioned costs. 

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    SECTION IX - MISCELLANEA

    Art.50- Transitional provisions

    1.These Rules substitute the VENCA Rules of Arbitration, adopted by the Court of Arbitration of the VENCA Foundation on July 2, 1998. 

    2.Disputes to be referred to the VENCA Rules of Arbitration shall be administered by the Venice Chamber of Arbitration under the VENCA Rules of Arbitration prevailing at the time when the parties subscribed the arbitration agreement. In such an event, any reference contained in the VENCA Rules of Arbitration of July 2, 1998 to the Secretariat is to be intended as referring to the Secretariat of the Venice Chamber of Arbitration. 

    3.Para. 2 of this Article shall no longer be in force after 3 (three) years from approval of the Bylaws of the Venice Chamber of Arbitration. 

    Index 

      

    SCHEDULE OF FEES OF THE VENICE CHAMBER OF NATIONAL AND INTERNATIONAL ARBITRATION (VENCA) FOR NATIONAL AND INTERNATIONAL ARBITRATION

      

    Registration fee: € 100,00 

    Fee for the sole appointment of the Arbitral Tribunal: € 100,00 

    Administrative fees: 1% of the value of the dispute, to be paid by the parties jointly and severally. 

    Other costs (mail, facsimile transmissions, copies, etc.): to be paid against the relevant detailed request by the Secretariat. 

      

      

      

      

    ARBITRATORS' FEES

    VALUE OF THE DISPUTE 

    1 ARBITRATOR 

    ARBITRAL TRIBUNAL 

      

      

      

      

    minimum € 

    maximum € 

    minimum € 

    maximum € 

    Up to € 

      

      

    25.800,00 

    600,00  

    1.340,00  

    1.550,00   

    3.500,00   

    da € 

    25.800,01 

    a € 

    51.645,00 

    1.240,00  

    2.065,00  

    3.100,00   

    5.165,00   

    da € 

    51.645,01 

    a € 

    103.290,00  

    2.065,00  

    3.615,00  

    5.165,00   

    9.295,00   

    da € 

    103.290,01  

    a € 

    258.230,00  

    3.615,00  

    6.195,00  

    9.295,00   

    18.075,00   

    da € 

    258.230,01  

    a € 

    516.456,00  

    6.195,00   

    18.075,00  

    15.490,00   

    41.315,00   

    da € 

    516.455,01  

    a € 

    2.582.280,00  

    10.330,00   

    36.150,00  

    25.820,00   

    87.795,00   

    da € 

    2.582.280,01  

    a € 

    5.164.568,00  

    12.910,00   

    61.970,00  

    33.570,00   

    118.785,00   

    oltre € 

    5.164.568,00  

      

      

    20.670,00   

    61.975,00  

    46.480,00   

    118.785,00   

      

      

      

      

      

    + 0,5% on the amount exceeding. € 5.164.568,00 

      

    + 1% on the amount exceeding
     € 5.164.568,00
     

      

    If the value of the dispute is unascertainable, the applicable fees shall be the those referring to the bracket € 25.800,00 to € 51.600,00 if the dispute is deemed of moderate value. The fees shall increase up to three times, if the dispute is deemed of high value or very complex. The administrative fees shall in these cases amount to € 350,00 if the dispute is deemed of moderate value and to € 1.000,00 if the dispute is deemed of high value or very complex. 

      

     

    SCHEDULE OF FEES FOR MEDIATION SERVICES

    VALUE OF THE DISPUTE 

    COSTS FOR EACH PARTY 

    MEDIATORS' FEES 

    up to € 1.000 

    € 40 

    € 60 

    from € 1.001 to € 5.000 

    € 100,00 

    € 120,00 

    from € 5.001 to € 10.000 

    € 200,00 

    € 240,00 

    from € 10.001 to € 25.000 

    € 300,00 

    € 360,00 

    from € 25.001 to € 50.000 

    € 500,00 

    € 600,00 

    from € 50.001 to € 250.000 

    € 1.000,00 

    € 1.200,00 

    from € 250.001 to € 500.000 

    € 2.000,00 

    € 2.400,00 

    from € 500.001 to € 2.500.000 

    € 4.000,00 

    € 4.800,00 

    over € 2.500.001 

    € 6.000,00 

    € 7.200,00