Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
Article 1 : Aim of the Mediation / Conciliation procedure :
Two or more parties can, when a dispute arises between them or
if they have so provided in their contract, refer a matter to the
Arbitration Chamber of Paris to request mediation/Conciliation.
A/. The mediator aims to reconcile the parties by suggesting
possible solutions to resolve th conflict between them.
B/. The conciliator helps the parties to formulate an agreement
which resolves their dispute.
Article 2 : Enforcement of Mediation/Conciliation :
A Mediation/Conciliation application can be made during
arbitration proceedings or outside of any arbitration.
When a Mediation/Conciliation application is made and registered
by the Secretary's office, between the arbitration application and
the first summons of the affair before the arbitrators, arbitration
proceedings are suspended for a period between the date of which
Mediation/Conciliation is accepted until a declaration of the
failure of the Mediation/ Conciliation attempt.
During Mediation/Conciliation proceedings, introduced according
to the conditions forseen in the preceding paragraph 1, the present
rules replace the rules of Arbitration.
However, when the Mediation/Conciliation application is made
after the first summons of the affair, the application is
transferred to the Arbitration Tribunal who then must examine the
affair according to the rules of Arbitration of the Arbitration
Chamber of Paris.
The Arbitration Chamber of Paris can also consider a matter
referred by one or more parties through a Mediation/Conciliation
application outside of any arbitration before the aforesaid
Chamber. In this case, the present Mediation/Conciliation rules
apply to the Mediation/Conciliation procedure.
A Mediation/Conciliation application does not interrupt the time
limit in which to make an arbitration application.
In all these cases, the application, which must mention the
civil status or trade name and the address of the parties, must
contain a summary which presents the dispute and the respective
position of the parties who refer a matter to the Arbitration
Chamber of Paris.
Article 3 : Reply to a Mediation /Conciliation application :
The Secretary's office of the Arbitration Chamber of Paris
informs the other party of the Mediation/Conciliation application
and fixes a time limit of 10 days to receive the acceptance or
refusal to attempt Mediation/Conciliation.
The agreement of the parties to put into effect
Mediation/Conciliation results from the signature of both parties
of a convention designating the Arbitration Chamber of Paris as the
organiser of the Mediation/Conciliation in conformity with the
However, the refusal or failure to reply in the time period
forseen in paragraph 1 of the present article engenders the nullity
of the Mediation/Conciliation application and the parties are
invited to resolve their dispute through arbitration or other forms
The Mediation/Conciliation applicant is informed by the
Arbitration Chamber of Paris which reimburses to each party their
part of the deposit paid after deduction of expenses for opening a
Article 4 : Fees and Retainers :
In a time limit of 10 days forseen in article 3, the parties
must pay in way of deposit half the fees, a sum calculated by the
Arbitration Chamber of Paris in conformity to the annexe of the
table of fees.
These fees, calculated by the Secretary's office, are covered in
half by each party, unless they have provided otherwise.
Article 5 : Nomination of a Mediator/Conciliator :
The designation of a Mediator/Conciliator must occur at the
latest on the 10th day from the deposit of the fees, either through
the common agreement of the parties after consultation of a list
submitted by the Arbitration Chamber of Paris, or in the absence of
such a designation, by nomination by the President of the
Arbitration Chamber of Paris. In this case, the
Mediator/Conciliator must be accepted by all the parties in a time
period of 10 days from the nomination.
The Mediator/Conciliator cannot be designated as arbitrator
relating to a dispute that has been the object of a
In the event of death, refusal of mission, or incapacity, the
failure of the Mediator/Conciliator to make progress in the
Mediation/Conciliation proceedings, or in the case where the
Mediator/Conciliator is unable to carry out his function, there
will be the replacement by the President of the Arbitration Chamber
Article 6 : Mediation/Conciliation procedure :
The Mediator/Conciliator receives, once nominated, the parties
at their convenience at the place he determines. He hears the
parties and their counsels seperately ( or together if the parties
so wish). He requests all useful information in accordance with the
pinciples of independence, impartiallity and equity.
The procedure must not exceed 6 weeks from the acceptance by the
parties of the Mediator/Conciliator. This time period can be
extended by a period up to three weeks.
During the Mediation/Conciliation the time limit for arbitration
Article 7 : Assistance
In the course of a Mediation/Conciliation attempt the parties
can be assisted by a counsel.
Article 8 : Confidentiality of the Mediator/Conciliator :
The Mediator/Conciliator and the parties are held by the most
strictest of confidences in relation to the Mediation/Conciliation;
no contestation, declaration or proposition made before the
Mediator/Conciliator or by the parties themselves can be used
afterwards by any person.
Article 9 : Closure of the procedure :
The Mediation attempt ends :
- either by the signature of a protocol between the parties,
- either by the declaration by the Arbitration Chamber of Paris
of an infutile attempt of the Mediation, without need to justify
The Conciliation attempt ends :
- either by a signature of a protocol between the parties,
- either by the establishment, by the Conciliator of
In the event of failure of the Mediation procedure or in default
of Conciliation, at the end of the time limit foreseen in article
6, ither party can request recommencing or bginning arbitration
proceedings by the Arbitration Chamber of Paris.
Article 10 : dispositions diverses
All interpretation of the present rules fall within the
jurisidiction of the Arbitration Chamber of Paris.
The request for Mediation/Conciliation is dealt with in
conformity with the rules in force on the day the
Mediation/Conciliation application was introduced.
TABLE OF MEDIATION-CONCILIATION FEES
(In force from the 1st of March 2001)
File fee : 305 € 2.001 F
Charge per hour of Mediator/Conciliator : 100 € 656
(The charge is calculated according to the time dedicated to