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CEPANI Rules of adaptation of contracts (2000)

  • Article 1 : Principle and terms

    1. The parties who have so agreed may request the Secretariat of CEPANI to appoint a third person whose mission shall be to complete the contract on items unforeseen by them, or to adapt their common intent to new situations.

    Depending on its scope as determined by the parties, the mission shall lead to a recommendation or a decision.

    2. Any party wishing to resort to such proceedings shall send a Request to the Secretariat of CEPANI.

    The Request shall set out Claimant's position and be submitted together will all relevant documents.

    3. The Appointments Committee or the Chairman of CEPANI shall appoint the third person.

    Where the Request is submitted by one party alone, the Secretariat shall notify the other party accordingly as soon as possible.

    It shall allow the other party a time limit of fifteen days in which to present its comments before making the requested appointment.

    4. The parties may agree to appoint the third person, subject to the approval of the Appointments Committee or the Chairman of CEPANI.

    5. The third person is free to organise the proceedings as he sees fit.

    Article 2 : Costs

    1. The costs of the adaptation of contract proceedings shall include the third person's costs and fees as well as the administrative expenses of the Secretariat of CEPANI.

    2. When opening the file, the Secretariat of CEPANI shall determine the advance needed to cover the costs of the adaptation of contracts proceedings, due regard being given to the circumstances of the case.

    Unless otherwise agreed, the parties shall contribute equally to this advance.

    3. The Secretariat of CEPANI shall transmit the file to the third person as soon as the advance is paid.

    4. Should the advance prove to be insufficient, the Secretariat of CEPANI shall request an additional advance that the parties shall contribute equally to, unless otherwise agreed.

    5. The final cost of the adaptation of contracts proceedings shall be determined by the Secretariat of CEPANI and be borne equally by each of the parties, unless otherwise agreed.

    The parties shall be liable for their own expenses.

    Article 3 : Notifications and communications

    All notifications and communications made in pursuance of these Rules shall be valid if they are made by 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.

    Article 4 : Rules of good conduct for third persons

    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 third persons in adaptation of contracts proceedings organised by CEPANI.