Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
Article 1 : Scope
1. Section II shall apply if neither the main claim nor the
counterclaim, if any, exceeds 12.500 Euro in principal.
2. Where either the main claim or the counterclaim should exceed
12.500 Euro in the course of the proceedings, Section II of the
Rules shall still apply, unless otherwise agreed by the parties, in
which case the proceedings shall be governed by Section I of the
Article 2 : Terminology
In this Section, the words "Arbitral Tribunal" shall mean the
sole arbitrator appointed by the Appointments Committee or by the
Chairman of CEPANI in accordance with the following provisions.
Commencement of the proceedings
Article 3 : Request for arbitration
1. The party that wishes to resort to arbitration of disputes of
limited financial importance shall send its request to the
Secretariat of CEPANI. The Request for arbitration shall contain,
inter alia, the following particulars :
Together with the request, Claimant shall provide copies of all
agreements, correspondence and other relevant documents.
2. Claimant shall also provide proof of the dispatch to
Respondent of the Request and the enclosures thereto.
Article 4 : Answer to the Request for arbitration
1. Within twenty-one days of that dispatch, Respondent shall
send its Answer to the Request for arbitration to the Secretariat
of CEPANI, setting out its view on the seat and language of the
arbitration. Respondent shall also communicate Exhibits and
information in support of its defence.
2. Respondent shall, within the same time limit, provide proof
of the dispatch to Claimant of a copy of its Answer and the
3. Any counterclaim must be entered by Respondent together with
its Answer to the Request for arbitration, and shall contain the
following particulars :
Article 5 : Exchange of memorials
1. Within twenty-one days of the dispatch of Respondent's
Answer, Claimant may file a Reply that must be sent to the
Secretariat of CEPANI as well as to Respondent.
2. Within twenty-one days of this Reply, Respondent may file a
Reply that must also be sent to the Secretariat of CEPANI and to
3. Both Claimant and Respondent then have a further fourteen
days in which to submit their final answering memorials that must
be sent to the Secretariat of CEPANI and to the other party.
Article 6 : Lack of an arbitration clause
If it appears that there is no arbitration clause, the
arbitration cannot take place should Respondent not answer within
the twenty-one day period mentioned in Article 4, or should
Respondent refuse arbitration through CEPANI.
Article 7 : Effect of the arbitration clause
1. When the parties agree to resort to CEPANI for arbitration,
they thereby submit to these Rules.
2. If, notwithstanding the arbitration agreement, one of the
parties were to refuse to submit to arbitration, or fail to take
part in the arbitration, the arbitration shall take place
3. When a party raises one or more pleas concerning the
existence or the validity of the arbitration agreement, the
Arbitral Tribunal shall rule on his jurisdiction.
4. Unless otherwise agreed, neither the invalidity nor the
non-existence of the contract containing the clause shall deprive
the Arbitral Tribunal of jurisdiction, provided the Arbitral
Tribunal upholds the validity of the arbitration agreement.
Article 8 : Documents
All Requests and Answers, as well as written notes submitted by
the parties and all attached exhibits or copies thereof, shall be
sent to each party. These documents must also be sent to the
arbitrator and to the Secretariat of CEPANI.
Article 9 : Notifications and communications
All notifications and communications made in pursuance of these
Rules shall be valid if they are made by the delivery against
receipt, by registered mail, by courier, fax or any other means of
telecommunication that proves their dispatch. Such notifications
shall be valid if dispatched to the address or last known address
of the addressee.
THE ARBITRAL TRIBUNAL
Article 10 : Rules of good conduct for arbitrators
Only those persons who are independent of the parties and of
their counsel, and who comply with the rules of good conduct set
out in Schedule II, may serve as arbitrators in arbitration
proceedings organised by CEPANI.
Article 11 : Appointment of the arbitral tribunal
The Appointments Committee or the Chairman of CEPANI shall
appoint the Arbitral Tribunal within eight days of the payment of
the advance mentioned in Article 21.
Article 12 : Challenge of arbitrators
1. A challenge for reasons of an alleged lack of independence or
for any other reason shall be communicated to the Secretariat of
CEPANI in writing and shall contain the facts and circumstances on
which it is based.
2. The challenge must be communicated by a party, on pain of
inadmissibility, either within the month of the receipt by that
party of the notification of the arbitrator's appointment, or
within the month of the date on which that party was informed of
the facts and circumstances which it invokes in support of its
challenge, whatever date is the latest.
3. The Appointments Committee or the Chairman of CEPANI shall
rule on the admissibility and, if need be, on the merits of the
challenge, after the Secretariat of CEPANI will have given the
arbitrator and the other parties a reasonable time period to
present their comments in writing. These comments shall be
communicated to the parties and to the arbitrator.
THE ARBITRAL PROCEEDINGS
Article 13 : Transmission of the file to the Arbitral
The Secretariat of CEPANI shall communicate the file to the
Arbitral Tribunal as soon as it is approved or appointed.
Article 14 : Language
1. The language of the arbitration shall be determined by mutual
agreement between the parties.
Failing such an agreement, the language or languages of the
arbitration shall be determined by the arbitrator, due regard being
given to the circumstances and, in particular, to the language of
2. The Arbitral Tribunal alone shall decide which of the parties
shall be charged with the translation costs, if any, and to what
Article 15 : Seat of the arbitration
1. The Appointments Committee or the Chairman of CEPANI shall
determine the seat of the arbitration, unless the parties have
2. Unless otherwise agreed by the parties, and after having
consulted with them, the Arbitral Tribunal may decide to hold its
hearings and meetings at any other location that it considers
3. The Arbitral Tribunal may deliberate at any place it
Article 16 : Examination of the case
1. The Arbitral Tribunal shall examine the case as soon as
possible and by all appropriate means. It may, namely, obtain
testimonial evidence and appoint one or more experts.
2. The Arbitral Tribunal shall, as a general rule, decide the
matter solely on the basis of documents within the time limits set
out in Article 18.
3. Either at the request of a party or on its own motion, the
Arbitral Tribunal may summon the parties to appear before it at the
time and place specified by it.
If any party fails to appear in spite of having been duly
summoned, the Arbitral Tribunal shall be empowered to proceed after
having ascertained that the summons was duly received by the
parties and that there is no valid excuse for their absence.
In any event, the award shall be deemed to be contradictory.
5. The hearings shall not be public.
6. The parties shall appear in person or shall be represented.
They may be assisted or represented by counsel.
7. New claims or counterclaims must be presented in writing. The
Arbitral Tribunal may refuse to examine such new claims if it
considers that they might delay the examination or the ruling on
the original claim.
Article 17 : Interim and conservatory measures
1. Without prejudice to Article 1679, paragraph 2 of the Belgian
Judicial Code, each party may ask the Arbitral Tribunal, upon its
appointment, to order interim or protective measures, including
guarantees or security for costs.
2. All measures ordered by the ordinary courts in relation with
the dispute must be communicated immediately to the Arbitral
Tribunal and to the Secretariat of CEPANI.
THE ARBITRAL AWARD
Article 18 : Time limit for making the award
The Arbitral Tribunal must make the award within twenty-one days
of the receipt by the Secretariat of CEPANI of the final memorial
or, if the proceedings are not based solely on documents, of the
If necessary, the time limit may be extended pursuant to a
reasoned request by the Arbitral Tribunal, or on its own motion by
the Secretariat of CEPANI.
Article 19 : Award by consent
Should the parties agree to settle their dispute after having
submitted their case to the Arbitral Tribunal, the settlement shall
be recorded in the form of an award if so requested by the parties
and if the Arbitral Tribunal agrees to do so.
Article 20 : Rendering and notifying the award. Finality and
As regards the rendering and the notification of the arbitral
award, its finality and enforceability, Articles 21, 22, and 23 of
Section I apply.
Article 21 : Nature and amount of the arbitration costs
1. The arbitration costs shall include the costs and fees of the
arbitrator as well as the administrative expenses of the
Secretariat of CEPANI.
2. The arbitration costs shall range between 625 Euro and 1250
Euro and shall be determined within these limits by the Secretariat
of CEPANI. Under extraordinary circumstances, the Secretariat of
CEPANI may determine the arbitration costs at an amount above or
below this range.
Should the amount of the claim exceed 12.500 Euro in the course
of the proceedings, the Secretariat of CEPANI may increase the
arbitration costs with reference to the schedule of costs for
arbitration mentioned in Schedule I.
Article 22 : Advances towards arbitration costs
The advance required to cover the arbitration costs as
determined in accordance with Article 21 shall be paid prior to the
appointment of the Arbitral Tribunal by the Appointments Committee
or the Chairman of CEPANI.
Further advance payments may be required if and when any
adjustments are made to the arbitration costs in the course of the
The advance payment shall be borne by the Claimant and
Respondent equally. However, each party may pay the entire advance
should the other party fail to make its contribution.
Article 23 : Allocation of costs
The award shall mention which party shall finally bear the
arbitration costs as determined by the Secretariat of CEPANI, or
the proportion in which those costs shall be allocated between the
parties. As the case may be, the award shall record the parties'
agreement on the allocation of the arbitration costs.
Article 24 : General Rule
Unless otherwise agreed by the parties, the Rules shall refer
all issues that have not been specifically provided for herein, to
Chapter VI of the Belgian Judicial Code.