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Rules for National Arbitration of the Center of National and International Conciliation and Arbitration of the Lima Chamber of Commerce (1993)
I. General provisions
- Center: The Center of National and International Conciliation and Arbitration of the Lima Chamber of Commerce.
- Arbitrational Agreement: An agreement through which parties decide to submit to arbitration all and some controversies that had arisen or may arise among them; an arbitrational agreement may adopt the form of a compromising clause within a contract or that one of a commitment.
- Court of Arbitration: Ruling Administrative body of the Center.
- Defendant: The party required to make answer in a petition for arbitration.
- Plaintiff: The party that formulates a petition for arbitration.
- Claim or Defense Exposition: exposition on behalf of the party which states the controversy points.
- Proceeding: Proceedings ruled by the regulations.
- Regulation: The current legal regulations.
- Arbitration Board or Board: It is composed of an arbitrator or three or more members in odd number.
Application scope of the regulation
When the parties, because of the application of the arbitrational agreement or any other document, had agreed to submit their controversies to the Center, they will be resolved according to the current regulations, without prejudice of the amendments that the parties might agree in writing.
a) All notices or other communications that may or must be drawn up in virtue of the current regulation, will be in writing and delivered in person or by mail, or transmitted by telex, fax, or any other means which may foresee their registration.
b) Except that parties agree differently, the communication will be considered received if it is given to the addressee or delivered at the address indicated in the contract. If neither one is indicated, it may be delivered at his real address or habitual residence. Assuming that no place might be determined, after a reasonable inquiry, it will be considered received any notice which had been mailed at the last known address or habitual residence of the addressee through a certified letter or any other means which may show attesting certification of such delivery.
c) The General Secretary may attest the notice, in person if possible. He will do so through a writing down signed by himself on the documents to be notified, and his title will state: I hereby certify (time and date).
a) To keep track of the terms, a communication will be considered received the day it is delivered, under the remission ways stated in Article 3, clause a. For notices by fax and telex, the communication is said to be received the issuance date, according to the electronic report.
b) To keep track of the term hereby stated, such term shall begin the day after receiving the notice or any other communication. If the deadline is a legal holiday or a non-working day in the addressee´s residence or business site, the term shall be extended till the next working day.
c) Except that both parties agree differently, terms may be computed according to working days, unless calendar days are clearly stated. Non-working days are stated in the above clause, in addition to Saturdays and Sundays, as well as those days declared as national mourning by the Executive Power. Arbitrators may enable, with no exception and previously notifying to the parties, non-working days to carry out specific proceedings.
II. Petition for arbitration
Contents of the petition for arbitration
The party that wants to petition for arbitration in the Center should address its petition to the Center General Secretary's Office. The Petition should include as follows:
a) The arbitrational agreement, if so.
b) The intention to submit a specific conflict to arbitration, if there is no arbitrational agreement, which will require the acceptance of the other party.
c) The controversy, difference, disagreement, litigation or matters they want to submit to arbitration, with a clear exposition of the party interests, as well as the appropriate value.
d) The arbitrator or arbitrators names, or if they require the Center Court of Arbitration to appoint one.
e) Names, addresses, legal address, phone numbers, telex, faxes and any other references in order to address communications and notices to the parties of the controversy as well as their representatives.
f) The payment receipt on account of submission rate. This payment will be used to cover proceeding expenses which the Center may incurred at the beginning of such proceedings. If the Arbitration Board does not fulfill its duties, the payment will absolutely come into the Center, and will be used to promote alternative means for the solution to conflicts.
Communication of the petition for arbitration, first hearing
The General Secretary's Office sends the other party a copy of the petition referred in Article 5, giving a five-day term to submit an answer. When the term is finished, the General Secretary´s Office summons the parties to a hearing in order to appoint arbitrators, if this has not been carried out before. In the meantime, and without prejudice of Article 20, the General Secretary´s Office shall try a conciliation between the parties. In the event that one of them does not attend it, the Court of arbitration will appoint.
Representation and Counseling
Parties may be represented by representatives of their choice, duly quilified (sic) and whatever nationality or profession they have and able to be the party's lawyer. The representatives' names addresses, telephone, telex, and fax numbers and other information references, must be reported to the Center.
III. Composition and establishment of the arbitration board
Number of arbitrators
a) The Arbitration Board will consist of one single arbitrator or three, as the parties agree.
b) As long as the parties had not come to an agreement concerning the number of arbitrators, the Board will consist of one single arbitrator.
Appointment of three arbitrators
a) Whenever it is necessary to appoint three arbitrators and the parties have not agreed a proceeding thereof, the arbitrators will be appointed according to this article.
b) The plaintiff will name an arbitrator regarding his petition for arbitration. The defendant will name an arbitrator when answering the petition for arbitration. The two appointed arbitrators shall, within the five days after the date of the hearing referred in Article 6, name the arbitrator who will head the Arbitration Board.
Appointment of three arbitrators in the event that there are various plaintiffs and defendants
When one of the parties, either plaintiff or defendant, is composed of more than one person, the arbitrator they have to appoint will be named by common agreement among all of them. If it is not possible, the following article has to be fulfilled.
Appointment by default
If a party does not appoint an arbitrator according to Articles 9 and 10, the Court of Arbitration shall do so instead, based on the list of arbitrators of the Center.
Impartiality and independence
Arbitrators are subject to the Code of Ethics for arbitrators and conciliators; and without prejudice thereof:
a) The arbitrator shall be impartial and independent.
b) The person proposed as arbitrator shall inform the parties, the Center and other arbitrators who had been appointed, before accepting his appointment, of any circumstance that does not guarantee his impartiality, or will accept in writing that such circumstance does not exist.
c) If, at any stage in the arbitration, new circumstances came up which might create justifiable doubts related to impartiality or independence of the arbitrator, the latter will immediately disclose those circumstances to the parties and the Center.
a) It is assumed that the arbitrator who accepted his appointment has committed to have enough time to handle and carry out the arbitration in a quick and efficient manner.
b) The person proposed for arbitrator will accept his appointment in writing and report such acceptance to the Center.
c) The Center will notify the parties of the establishment of an Arbitration Board.
Proceeding for rejection
a) The party that rejects an arbitrator must report it in writing to the Center, the Board, and the other party; explaining the reasons for that rejection. The appeal for rejection shall be submitted within a five-day term right after receiving the notice concerning that arbitrator's appointment or having knowledge of the circumstances, that according to the party, have caused a justifiable doubt in regard to the impartiality and independence of the arbitrator.
b) If an arbitrator is rejected by either party, the other party and/or the rejected arbitrator has right to submit the corresponding plea. This right is exercised within a five-day term after receiving the communication referred in the above clause; keeping copies for the Center, the Arbitration Board and the party which formulated the rejection.
c) The Arbitration Board, at its entire discretion, may adjourn or continue the arbitration proceedings while the rejection keeps pending on the determination of the Court of Arbitration.
d) The other party may agree to reject or the rejected arbitrator may quit at his will. In the event that either case referred in this clause occurs, the arbitrator will be substituted, but it does not mean that the reasons for rejection are valid.
e) If the other party does not agree to reject and the rejected arbitrator does not quit, the decision concerning the rejection will be made by the Court of Arbitration according to its internal proceedings.
f) The parties will not be able to ask for explanation concerning the reasons for the above mentioned decision.
g) Without prejudice of this article, the Court of Arbitration will,in accordance to its statutes resolve definitely the proceedings for rejection of arbitrators.
Replacement of an arbitrator
a) As long as it is necessary, a substitute arbitrator shall be appointed, according to the proceedings stated in Articles 8 to 11.
b) Unless the parties agree something else, without prejudice of the arbitrator´s powers, referred in Article 14, clause c); proceedings shall not be adjourned while the substitution is undetermined.
c) Whenever a substitute arbitrator is appointed, the Arbitration Board, taking into account the parties' observations, will determine, at its entire discretion, whether they have to repeat or not some of the actions during the arbitration proceedings.
IV. Arbitrational proceeding
Beginning of an Arbitration Proceeding, fee payment
a) After appointing one or more arbitrators, they shall proceed to establish the Arbitration Board.
b) In order to declare the proceeding open, the parties shall previously pay off in equal amounts a hundred percent (100%) of the expenses the arbitration may cause, according to the settlement that the General Secretary´s Office shall timely provide them, regarding the Fee Table of the Center, and the value of the controversy matter. Unfulfillment by one of the parties determines the application of Article 27.
c) The expenses referred in the previous clause consist of the arbitrator's fees and fees for administrating the arbitration which correspond to the Center. The Board may determine its fees should be paid in parts.
d) If one of the parties does not pay off the sum required, the party interested in the arbitration will pay the expenses. If so, the interested party will have right to ask the Board to establish punishments against the party that failed to pay, pronouncing in regard to the matter in the arbitrational award.
The parties, and in the absence thereof the Arbitration Board, must choose to follow any of the following proceedings:
a) That the General Secretary's Office notifies the parties concerning the establishment of the Arbitration Board and the beginning of the proceeding, as well as the Arbitration Board decision to ask the parties to submit simultaneously, within a ten-day term, their defense expositions. The written exposition of each party shall be communicated to the other one, so that they answer each other within an unpostponable ten-day term.
b) That the General Secretary´s Office notifies the parties concerning the establishment of the Arbitration Board and the beginning of the proceeding, as well as the Arbitration Board decision to ask the plaintiff to submit the claim within a (10) ten-day term. The claim shall be communicated to the other party, so that they answer each other within an unpostponable (10) ten-day term.
c) In both proceedings, only the reconvention proceeds to acquit the communication referred in the above clauses. The reconvention shall be answered within an unpostponable (10) ten-day term.
Requirements of the claim or defense exposition
The claim or defense exposition shall contain:
a) The controversy, difference, disagreement, litigation, question or questions submitted to arbitration; with a clear explanation of the plaintiff's claims.
b) The evidence offered by the party submitting claim or defense exposition.
c) The value of the controversy, difference, disagreement, litigation, question or questions submitted to arbitration.
d) If so, the fine which according to the interested party'scriterion shall be paid by the party that fails to fulfill any essential requirement to carry out the arbitration, without prejudice of what the award enforces.
Hearing to settle controversy issues
With or without answer to the arbitration claim or to defense expositions, within the term established for each proceeding in Article 17, the Board may be able to summon the parties to a hearing in order to establish controversy issues within the five days after the deadline of the aforesaid term. The hearing shall be attended by the parties'representatives and lawyers, if the parties think it is necessary.
Conciliation during the proceedings
Arbitrators are legally qualified to promote conciliation at any time. If parties conciliate their claims before issuing the award, arbitrators shall draw up an order of conclusion of the proceedings, and the agreement shall acquire the quality of judged matter. If both parties ask for and arbitrators accept so, the conciliation shall be registered as an arbitration award according to the term agreed by the parties, and it shall be registered the same way an award is. When a conciliation is partial, the proceedings continue in regard to other controversy issues.
Seat and time for the arbitration
a) Arbitrational actions will take place in the Center seat,unless the Arbitration Board decides differently, and because of the nature thereof, they have to be carried out away from fulfilling the obligation to administer proceedings they have to.
b) The Arbitration Board may enable, through a resolution, the performance of an action at a non-scheduled time and non-working day.
c) It will be considered that the award has been dictated in the arbitration site.
Unless there is a different agreement, the costs caused by the evidence proceedings will be paid by the party which asked for such proceedings, under warning of abandonment thereof. Arbitrators have power to determine, in an exclusive manner, the evidence admissibility, pertinence and value; in this sense they can:
a) Ask the parties for some explanation or information at any stage in the proceedings.
b) Order through a written communication the proceeding of the means of proof which they consider necessary.
c) In case of expert testimony, order the explanation or extension of the expert mandate.
d) Declare due the corresponding terms for legal actions already fulfilled by the parties.
e) Continue the arbitration proceeding though the lack of parties activities and dictate the award based on actions already carried out.
f) If they consider themselves appropriately informed, omit, giving reasons, evidence which has not been proceeded.
a) Under petition of either party, the Arbitration Board may hold as many hearings as they consider necessary to proceed testimonial evidence, to proceed and submit expert appraisals, to declare thereof and even to express orally the arguments.
b) If there is no petition, the Arbitration Board makes a decision about whether the hearings referred in the above-mentioned clause will be carried out. If not, evidence shall be tried based on documents and any other material which turn out to be useful for arbitrators, so they can make up their criteria thereof.
c) In case of holding a hearing concerning evidence proceedings, the Arbitration Board will send notices to the parties, at least three days in advance, stating date and time of the hearing to be held.
d) Unless parties reach a different agreement, hearings will be held in private and registered in acts, without prejudice of written documents submitted by the parties. Magnetic records and recordings can be used.
a) Before holding a hearing, the Arbitration Board may ask both parties to report the identification of the witnesses they want to summon, as well as the reason for their testimony and the importance regarding the litigation matter.
b) The Arbitration Board can refrain or reject the appearance of a witness, whether eyewitness or expert, if the testimony is considered superfluous or not adequate.
c) Each party can question, under the Arbitration Board direction, any witness producing oral evidence. The Arbitration Board can ask questions at any stage in the witness testimony.
d) Whether by one of the party's choice or an Arbitration Board decision, the witness' testimony may be submitted in writing through signed statements, affidavits or any other forms. In this case, the Arbitration Board can subject the testimony admissibility to the witnesses' availability to produce oral.
e) Each party will be responsible for practical agreements, costs and availability of witnesses they may summon.
f) The Arbitration Board will determine whether a witness should leave the room or not at a certain moment of the proceedings, specially during other witnesses' attestation.
g) In all cases, witnesses are obliged to tell the truth, regarding all responsibilities established by the laws against the person who commits perjury.
Experts appointed by the Arbitration Board
The Arbitration Board can appoint one or more experts in charge of reporting, in writing or through a especial hearing, matters which the Arbitration Board itself will determine. Parties must give the expert all the information he may ask for, so that he can fulfill his duties as established by the Arbitration Board. Any difference between an expert and a party will be resolved by the Arbitration Board. Once the expert report is received and/or the hearing is held, the parties will have the opportunity to give their opinions within the term the Arbitration Board establishes.
Parties Summons to appear in court
The Arbitration Board has power to summon the parties to appear in court at any time before drawing up the award, as long as this contributes to clear the controversy, difference, disagreement, litigation or questions submitted to arbitration.
a) If the party which propitiated the arbitration decides unjustifiably and unilaterally to quit the proceeding, once the expenses referred in Article 16, clause c) are paid, they will have right to be given back only fifty percent (50%) of the sum they paid.
b) If the defendant, without asking for a consistent cause, does not submit his answer, the Arbitration Board will be able to continue the arbitrational proceedings and dictate the award.
c) The Arbitration Board may continue the arbitrational proceedings and dictate the award if one of the parties, without asking for a consistent cause, does not use their rights therein and within the term established by the Arbitration Board.
d) If after being notified ten (10) days in advance, one party does not pay the fifty percent (50%) out of the one hundred percent (100%) they have to pay for arbitration expenses; the other party is able to ask the General Secretary to issue a document thereof. The sum specified in this document may be a subject to proceed against the debtor.
The Arbitration Board can summon the parties to attend a hearing in order to formulate their allegations once they have finished evidence proceedings. In this case, each allegation can last one hour as maximum; unless the Arbitration Board states this has to be in writing.
Voluntary abandonment and adjournment
Any time before giving notice in regard to the award, by common consent and communicating this to the Arbitration Board, the parties can abandon the arbitration. They can also adjourn the proceedings according to the term they establish by common consent. In case of abandonment, all arbitration expenses will be paid by the parties in even parts, unless thay (sic) agree differently.
V. Arbitrational award and other decisions
Majority attendance and majority to resolve
a) The Arbitration Board deliberates regarding the arbitrators' majority attendance, unless parties had agreed to bind resolutions only with the attendance of all arbitrators. Deliberations in the Arbitration Board are reserved.
b) Resolutions are dictated by arbitrators majority. However, arbitrators may delegate among themselves the signature of the corresponding resolutions.
c) Arbitrators cannot restrain themselves from voting at the moment they have to give a decision on the award.
d) Arbitrators, who fail unjustifiably to attend meetings summoned by the Arbitration Board, will be substituted and must give the payment back received on account of arbitrator's fees.
Annulment and appointment of the annulling person
In tie (sic) cases, the Arbitration Board President's vote shall make an annulment. If there is no a majority agreement, the Arbitration Board's Presidents makes a decision.
Justification to give a decision on the award
As soon as the term to answer the claim or the defense exposition finishes, in accordance with Article 17, the Arbitration Board may give a decision on the award, if they consider that the evidence proceedings enable a criteria to resolve the controversy, as long as the Arbitration Board has the material subjects to fulfill Article 35 or 36 and the award legal requirements.
Term to give a decision on the award
Unless parties agree differently, the duration of the arbitration shall not exceed ninety working days, counted as of the date in which parties were given notice through a resolution declaring the arbitration proceedings open.
Contents of the law award
If the arbitration is by law the award should contain:
a) Place and date of issuance.
b) Parties and arbitrators' names.
c) The matter submitted to arbitration and a reference summary regarding parties' allegations and conclusions.
d) Value of the evidence supporting the decision.
e) Basis in fact and by right to admit and reject the corresponding claims and defense expositions.
f) The decision.
Contents of the conscience award
If the arbitration is by conscience or equity, the award must contain Article 34 requirements, except for clauses d) and e), and have a consistent cause.
Term to fulfill the award
The award must be fulfilled immediately by the parties. The Arbitration Board, dictating the award, may establish pecuniary penalties if there is some delay in the fulfillment thereof.
Notice regarding the award
The parties will be given notice concerning the award within a five-day term after the issuance thereof.
The award is definitive. No appeal can be proceeded against awards dictated according to these regulations, unless parties agree differently. In this case, the requirement to admit an appeal consists of: submitting a payment receipt or deposit receipt in any bank, or a solidary bond payable to the overcoming party, for a sum equivalent to the sentence value stated in the award. The same admissibility requirement is demanded for the appeal for annulment. If the competent authority's decision determines that the interested party presented, without being necessary, any of the mentioned appeals, the other party shall be able to make use of guarantees in their favor. The Center shall not issue any certified copy without previously verifying the fulfillment of this article.
Registration and maintenance of the proceeding
The award declared by the Arbitration Board will be maintained by the Center in an award record book. Documents, contracts and original copies will be given back to the interested parties, if they ask for them. If not, the aforesaid documents may be wasted after a three-year term counting as of the date of the arbitration proceeding conclusion. The delivery of documents shall be registered and copies thereof will be made and filed if the Center considers them necessary, at the cost of the requester.
Suppletory (sic) rules
To everything parties have not come to an agreement about, suppletory (sic) rules will be applied according to Law 26572.
Fees and Administrative expenses
Administrative expenses for services given by the Center of National and International Arbitration of the Lima Chamber of Commerce, hereinafter the Center, and arbitrators and conciliators` fees are ruled by the regulations hereby, applying the fee regulations in force as of the beginning date of the corresponding proceedings.
Approval of the Fee Table
The Directive Council of the Lima Chamber of Commerce approves the Fee Table for arbitrators, as well as fees for the Center on account of administrative services. To this effect the proposal of the Court of Arbitration shall be taken into consideration.
Conciliation expenses and conciliator's fees
a) Administrative expenses for the conciliation proceedings correspond to the value resulting from the application of the Fee Table.
b) The Center's General Secretary establishes the sum for the conciliator's fees, applying the corresponding fee table.
a) Arbitration costs include arbitrator or arbitrators' fees and administrative expenses. The parties are obliged to the settlement thereof according to the appropriate Arbitration Regulations.
b) The General Secretary will determine the administrative expenses of the arbitration according to the established Fee.
c) Before proceeding to any expert appraisal, the parties, or one of them, must pay a provision, fixed by the Arbitration Board, which must be enough to cover fees and possible expert`s expenses. The same criteria is applied to pay expenses related to any kind of evidence.
a) Each party, in a litigation submitted to conciliation according to the conciliation Regulations, is obliged to pay one hundred American dollars (US$ 100.-) on account of submission rate.
b) Each petition for arbitration submitted, according to the Regulations for Local Arbitration, must have enclosed one hundred American dollars (US$ 100.-) and one thousand American dollars (US$ 1,000) for petitions submitted according to the Regulations for International Arbitration.
c) No petition for conciliation or arbitration, that does not have enclosed a payment receipt of the corresponding presentation rate, will be taken into consideration.
Calculating the fees
To figure out administrative expenses and arbitrator's fees, each successive portion of the value in litigation will be applied to the rates of the fee table, then the resulting figures are added up until the total result thereof is reached. If parties do not come to an agreement concerning the value of the disputed matter, the highest sum of those indicated by the parties will be taken as a reference to calculate fees and administrative expenses.
Fees for appointing an arbitrator through proceedings not administered by the Center
The Center shall charge one hundred American dollars (US$ 100.-) to appoint an arbitrator through a proceeding which is not administered by the Center. Such sum shall be paid by the party requesting that appointment, as it is considered a previous requirement for the appointment. This fee covers expenses concerning the services given by the Center in regard to the appointment, as well as the decision concerning the appointed arbitrator rejection or substitution.
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