INTRODUCTION
Article 1 :
The aim of the Arbitration Chamber of Paris is to settle
disputes submitted to it by arbitration, which it shall arrange or
by conciliation of the parties.
It is for the arbitrators appointed by the Arbitration
Chamber, once they have accepted the role of arbitrator in
compliance with the Rules of Arbitration herein, to examine and
settle disputes within the framework of the Arbitral Tribunals on
which they sit.
The same is true of disputes referred to the Chamber from
Courts.
In addition, the Arbitration Chamber of Paris provides the
Arbitral Tribunals with all necessary material assistance either by
placing at their disposal all the resources which it habitually
uses or by implementing measures which may be decided by them in
the course of proceedings in order to fully perform their
mission.
The preceding provisions may be extended to ad hoc
arbitration. In such cases, arbitrators and/or parties who intend
to make use of its services have to determine with the Arbitration
Chamber of Paris which services they wish it to perform.
Finally, the Arbitration Chamber shall cause to be carried
out all expert evaluations, analyses and formalities which are
under its responsibility or which may be called for.
Article 2 :
The legal representative of
theParisis its Chairman, who exercises
the powers hereby entrusted both to the Arbitration Chamber of
Paris and to himself in pursuance of these Rules of
Arbitration.
Where the Chairman is prevented from doing so, his powers
shall be exercised by one of the Vice-Chairmans officially
designated as surrogate and only for the duration of such
impediment.
RULES OF ARBITRATION
Article 3 :
The Arbitration Chamber shall arrange arbitration between
parties in dispute by forming an Arbitral Tribunal specific to each
case referred to it.
The Arbitration Chamber reserves the right to refuse any
application for arbitration without obligation to explain such
refusal.
When agreeing to request arbitration from the Arbitration
Chamber of Paris, parties shall be deemed to accept the Rules
herein and to abide by their enforcement unless there is any
expressly agreed provision to the contrary.
The claimant shall choose the arbitration procedure to be
applied to their case amongst the procedures provided for under the
present rules and the annexes. The Arbitration Chamber of Paris
will not be held responsible for any consequences resulting from
such a choice.
In order to facilitate the recovery of small money claims
that qualify as being unquestionable, liquid and due, the parties
may request implementation of the P.A.R.A.D. procedure as described
in appendix 1.
In order to facilitate the recovery of limited money
claims, unless contrary opinion raised by one of the parties, the
rules to be applied will be those under the P.A.R. procedure as
described in appendix 2.
When the parties are bound by a contract involving the
application of procedural rules specific to a particular branch of
the trade, such shall be observed by the Arbitral Tribunal or
Tribunals called upon to resolve the dispute. The rules herein
shall apply where their provisions do not contradict the procedural
rules of the trade so adopted.
JURISDICTION
Article 4 :
Once formed an Arbitral Tribunal shall be in each case the
judge of its own competence to sit.
Under penalty of being considered unacceptable, any plea
in bar of jurisdiction must be raised by the interested party
before any defence on the merits of the case itself.
POWERS
Article 5 :
Referral to a dispute to the Arbitration Chamber of Paris
necessarily implies the waiver by the parties involved of any right
of appeal before the relevant Court. Awards shall be final and
subject only to an application for the award to be set
aside.
It also necessarily implies acceptance by them that the
Court to which application is made for the award to be set aside
may not rule on the merits of the case where the original award is
so set aside.
Arbitral Tribunals constituted by the Arbitration Chamber
are under no obligation during proceedings to observe the
procedure, time limits or formalities governing Courts. However,
the general principles for the conduct of proceedings set out in
Articles 4 to 10, 11 (first paragraph) and 13 to 21 of the Nouveau
Code de Procédure Civile (French New Code of Civil Procedure) shall
apply to arbitration proceedings.
Any Arbitral Tribunal shall settle the dispute referred to
it according to the rules of law unless the parties expressly agree
to request the Arbitrators to rule as amiable
compositeurs.
In this case the Arbitral Tribunal is appointed according
to Article 15 covering First Degree Tribunals but the award, based
on a majority vote, shall be final and the parties involved shall
be deemed to have waived any possibility of requesting a new
examination of the case by a second Degree Tribunal as provided for
by Articles 17 and 18 below. Arbitration fees are those payable for
First Degree proceedings.
If during proceedings which have already begun the parties
agree to change the nature of their request from a request for a
judgement according to the rules of law to a request that the
Arbitrators rule as amiable compositeurs, a statement recording
this agreement shall be drawn up before the Tribunal and signed by
the parties and the arbitrators. The award, based on a numerical
majority, shall then be final.
T HE A R B I T RATOR S
Article 6 :
The Arbitral Tribunals shall be formed by Arbitrators who
are either nominated or appointed according to Articles 15, 18 or
35 herein.
When Arbitrators are appointed by the Arbitration Chamber,
they are selected, without prejudice to the exception provided for
in Article 9, from the Single List of Arbitrators drawn up
according to the provisions of Article 8 herein.
The parties in dispute shall have the right to nominate an
Arbitrator not mentioned on the Single List if the Arbitrator
satisfies the conditions laid down by Article 7. The appointment of
this Arbitrator is within the competence of the Chairman of the
Arbitration Chamber of Paris.
Article 7 :
The Arbitrators may be French nationals or foreigners.
They must enjoy full citizen's rights and must currently hold or
have held a post of responsibility of a commercial, technical,
legal, financial, industrial or professional nature.
Whatever the procedure by which they are appointed, the
Arbitrators shall be Judges and as such enjoy all the rights and be
governed by all the duties applicable to such status. In no event
whatsoever may they act or intervene as representatives of any of
the parties.
Article 8 :
The names of the Arbitrators are set out in a Single List
drawn up by the Arbitration Chamber of Paris under specialised
sections after an application has been made for a position of
Arbitrator made by the Professional Group, member of the
Arbitration Chamber to which they belong. Acceptance of the
aforementioned application is decided by the Board of the
Arbitration Chamber upon due consideration.
The names of newly enrolled Arbitrators will be added to
the end of the Single List until being classed in the relevant
specialists section of the new edition of the list.
An Arbitrator may appear in more than one specialised
section where this reflects his special expertise or in the limited
list provided for in article 14, paragraph 4, of the statutes of
the Arbitration Chamber of Paris.
Article 9 :
Notwithstanding Article 6 and in exceptional cases, when
the nature of the dispute is such as to require it, the Chairman of
the Arbitration Chamber may, in forming an Arbitral Tribunal,
appoint any person whose name does not appear on the List of the
Arbitration Chamber, provided he or she satisfies the conditions
laid down in Article 7.
Article 10 :
An Arbitrator may be challenged for the same reasons as a
Judge. In particular, he must not be related to or be an associate
of any of the parties and must have no personal interest in the
settlement of the dispute.
The challenge of an Arbitrator for any reason preceding
his appointment may be requested only within a period of 15 days
following notification of his appointment. After this period, he
may be challenged only for a reason which has become apparent or
has come to exist since his appointment.
The decision as to whether such a challenge is justified
and must be upheld is that of the Chairman of the Arbitration
Chamber of Paris alone and is final.
An Arbitrator may be removed by the party having nominated
him only with the agreement of the other party.
Article 11 :
In the event of the death, refusal, abstention, inability
to sit of any kind, challenge, removal or loss of full citizen's
rights of any Arbitrator due to sit or already sitting on the bench
of an Arbitral Tribunal, the Chairman of the Arbitration Chamber
shall replace him without needing to call for any new nomination by
either of the parties.
However, if this replacement occurs during the debates or
during consideration of the award by an Arbitral Tribunal, the
debates must start again from the beginning before the newly
appointed Arbitrator or Arbitrators.
Article 12 :
The Chairman of the Arbitration Chamber cannot be
appointed or nominated as an Arbitrator.
However should an arbitrator be elected to the presidency
of the Arbitration Chamber while sitting at an Arbitral Tribunal,
he shall carry out to its end his commission to
arbitrate.
The same provisions shall apply to any Vice-Chairman where
he stands in for the Chairman, and only for the period of such
replacement.
REFERRAL - ARBITRATION AGREEMENTS -
ARBITRATION APPLICATIONS
Article 13 :
A dispute is referred to the Arbitration Chamber either by
an agreement to do so signed by the parties, or by an application
for arbitration based on an arbitration clause contained in writing
in the main contract or in an appendix to that contract.
The Chamber shall arrange arbitration between parties in
dispute in compliance with article 3 of these Rules.
The Arbitration agreement or application must include the
names, professions and addresses of the parties, a summary of the
main facts of the dispute and a precise definition of the subject
of the request.
Whenever the Arbitration Chamber receives an application
for arbitration, it shall inform the defendant or defendants
without delay.
Where the matter is referred to the Arbitration Chamber by
E-mail, telex or fax, same must be confirmed immediately in writing
by a letter signed by the claimant in order to authenticate and
date the application.
WRITS OF SUMMONS
Article 14 :
In the case of First Degree proceedings, of urgent
arbitration or of summary procedure, the Arbitration Chamber shall
issue a summons to appear at an initial hearing before the Arbitral
Tribunal once the claimant or counterclaimant has satisfied, on the
one hand, the payment of the arbitration fees in compliance with
Article 43 and, on the other hand, the supplying of all documents,
observations or submissions supporting the application for
arbitration, thus making it possible for the case to be
judged.
Hearings may not be held until at least 15 days after the
date of the summons to appear is sent to the parties, other than
exceptions provided for herein.
Where Second Degree proceedings are concerned, the
Arbitration Chamber of Paris shall summon the parties to attend an
initial hearing once the applicant for Second Degree proceedings
has paid arbitration fees in compliance with Article 43.
ARBITRAL TRIBUNA L S : F I RST DEGRE
E
Article 15 :
The dispute shall be referred to a so-called First Degree
Arbitral Tribunal of which the bench shall comprise three members
nominated or appointed as follows :
1) The Chairman of the Arbitration Chamber shall appoint
an Arbitrator. This Arbitrator is invariably the Chairman of the
Arbitral Tribunal.
2) Where proceedings are taken against a single defendant,
the claimant shall have the right to nominate an Arbitrator within
15 days of the date of his arbitration application or of the
arbitration agreement. This Arbitrator is chosen either from the
list already drawn up by the Arbitration Chamber or according to
the criteria set out in Article 7 herein. Subject to a time limit
of 15 days from date of receipt of notification of the arbitration
application or of the arbitration agreement, the defendant shall
have the same right to nominate an Arbitrator. The Chairman of the
Arbitration Chamber appoints these arbitrators according to the
provisions of articles 6 and 7 of the Rules of
arbitration.
If, within the time allowed, one of the parties
have not exercised the option to nominate an
arbitrator, the Chairman of the Arbitration Chamber shall appoint
an arbitrator ex officio.
3) If the dispute involves more than two parties, the
Chairman of the Arbitration Chamber shall appoint the three members
of the Arbitral Tribunal.
Article 16 :
If the parties present or represented do not arrive at an
arrangement during the proceedings, the Arbitral Tribunal shall
issue a provisional award on the basis of a majority
vote.
This provisional award shall include the names of the
Arbitrators, that of the Secretary in attendance, a concise summary
of the cases of the parties, their respective arguments and the
given facts, the reasons for the award reached and a statement of
the fines.
Copy thereof shall be signed by all the Arbitrators,
except where a minority refuse to so sign, such refusal being
recorded, and requires the visa of the Secretary in attendance
appointed by the Chairman of the Arbitration Chamber.
An authenticated copy of the provisional award shall be
sent to the parties and/or to their counsels by the Arbitration
Chamber.
PROVISIONAL AWARD
Article 17 :
Each of the parties may request a second examination of
the case (i.e. by a Second Degree Arbitral Tribunal) within 15 days
following the date of receipt of notification of the provisional
award.
If within the time allowed in the above paragraph the
Arbitration Chamber has not received written notice of withdrawal
of the arbitration submission by mutual agreement between the
parties, nor received a written request for institution of Second
Degree proceedings, the provisional award shall become the final
award on receipt of a simple request that it be so by one or other
of the parties and notice thereof shall be served to the parties
concerned.
Withdrawal of a request to institute Second Degree
proceedings by one party or the failure to satisfy the requirements
of Article 43 within the stipulated time limits, notice having been
given to the other party, shall leave open the possibility for the
other party to request such Second Degree proceedings subject to a
time limit of 15 days from the date of notification.
ARBITRAL TRIBUNALS : SECOND DEGREE
Article 18 :
If within the time limit laid down by Article 17 above the
Arbitration Chamber has received an application for Second Degree
proceedings, it shall form a second Arbitral Tribunal comprising
five Arbitrators, all appointed by the Chairman of the Arbitration
Chamber.
Each of the parties shall have the right to obtain the
replacement of one of the Arbitrators thus appointed within 8 days
from receipt of notification of the names of the Arbitrators
sitting in the Second Degree Arbitral Tribunal.
This provision does not preclude the implementation of
Article 11 concerning replacement of Arbitrators prevented from
sitting.
Article 19 :
Arbitrators sitting on the bench of a First Degree
Arbitral Tribunal cannot sit in a Second Degree Arbitral Tribunal
examining the same case. This also applies to those Arbitrators
nominated by one party for First Degree hearings and who have been
replaced.
AWARD
Article 20 :
The provisional award of a First Degree Arbitral Tribunal
shall become null and void once the formalities for a Second Degree
arbitration application have been carried out within the stipulated
time limit.
The award of a Second Degree Arbitral Tribunal shall be
issued on the basis of a majority vote.
Article 21 :
The award shall include the names of the Arbitrators, that
of the Secretary in attendance, a concise summary of the cases of
the parties, their respective arguments and the given facts, the
reasons for the award reached and a statement of the
fines.
Copy thereof shall be signed by all the Arbitrators,
except where a minority refuse to so sign, such refusal being
recorded, and requires the visa of the Secretary in attendance
appointed by the Chairman of the Arbitration Chamber.
An authenticated copy of the award shall be sent to the
parties and/or to their counsels by the Arbitration
Chamber.
DEPOSIT WITH THE CLERK OF THE COURT
Article 22 :
Awards shall be deposited by the Arbitration Chamber of
Paris or by any mandated person at the office of the Clerk to the
Tribunal de Grande Instance
ofParis(District Court) pursuant to the
law, but only when requested by one of the parties.
ENFORCEMENT
Article 23 :
The designation of the Arbitration Chamber of Paris to
organise arbitration implies that the parties agree to execute the
award to be made.
It is up to the parties to file suit, if necessary, to
obtain execution of the awards.
DEPOSIT OF DOCUMENTS
Article 24 :
All documents, evidence and submissions must be handed or
sent to the Secretariat of the Arbitration Chamber, for examination
by the Arbitrators and for consultation by the parties, on days and
at times of opening of the Secretariat as from the date of the writ
of summons.
Once the date of the hearing is set in compliance with
article 14, the defendant is under the obligation to file his
dossier with the Secretariat at the latest on the eighth day
preceding the date of the arbitration hearing of which he has been
notified. All evidence after this date may if challenged
be declared to have been filed too late and therefore
inadmissible by the Arbitral Tribunal.
Any counterclaim must be duly formulated at First Degree
proceedings at the latest 8 days before the date set for the
hearing and at the latest within 15 days from the first summons to
appear before a Second Degree Arbitral Tribunal. Its acceptance is
dependant on payment of arbitration fees before the hearing
according to Articles 41 and 43.
Any counterclaim shall afford to the claimant the
possibility of requesting that the Arbitral Tribunal adjourn in
order to enable him to present a statement. The Arbitral Tribunal
will in this event set a date for the next hearing and the time
limits governing exchange of documents and submissions.
The applicant for Second Degree proceedings must file his
dossier with the Secretariat within 15 days after depositing the
costs, the dossier of the other party having to be filed no later
than the eighth day preceding the date of the hearing.
Upon a motivated request to do so, the time limit of 15
days provided for by the preceding paragraph may be exceptionally
prorogued by the Chairman of the Arbitral Tribunal or, in the event
that the latter is impeded, by the Chairman of the Arbitration
Chamber of Paris, who may then possibly decide to postpone the
hearing to a later date.
Article 25 :
The parties must notify each other of their files
(statements and evidences) and deposit with the Arbitration Chamber
as many copies of the aforementioned files as there are Arbitrators
sitting in First Degree or Second Degree Arbitral Tribunal, plus
one for the Arbitration Chamber.
Dossiers filed with the Secretariat for the First Degree
proceedings and still in the possession of the Secretariat may,
should the occasion arise, be authenticated for Second Degree
proceedings by any or all of the interested parties.
Documents in foreign languages must be accompanied by a
French translation.
However, if the arbitration so requires, the Chairman of
the Arbitration Chamber of Paris may decide to allow documents that
are drafted or translated in English.
There must be no communication of any kind whatsoever with
the Arbitrators.
When samples are produced by parties, they must be
delivered to the Secretariat of the Arbitration Chamber before
proceedings begin. The samples remain at the disposal of the party
which has deposited them for a three month period following the
ruling of the Arbitral Tribunal or the withdrawal of the
application for arbitration. Beyond this period, the Arbitration
Chamber may decide on the disposal of them.
APPEARANCE AT HEARINGS AND LEGAL REPRESENTATION
Article 26 :
Parties to the arbitration may appear at hearings in
person or may be represented by a duly accredited representative.
Barristers are dispensed from producing a mandate.
Parties may be accompanied by advisors.
The parties may present any remarks orally or in writing.
Hearings are usually conducted in French.
However, after decision by the Chairman of the Arbitration
Chamber of Paris, debates may equally be conducted in English if
the documents submitted and oral or written observations made by
both the parties have been in English.
Article 27 :
If in spite of a duly issued writ of summons the defendant
does not appear, is not represented and fails to produce arguments
or evidence, the Arbitral Tribunal may proceed with the arbitration
on the basis of the evidence available.
CONDUCT AND PROGRESS OF HEARINGS
Article 28 :
The hearings of Arbitral Tribunals shall take place on
premises placed at their disposal by the Arbitration Chamber of
Paris within the framework of its role of facilitating arbitration,
other than in the exceptional circumstance that the Arbitral
Tribunal chooses another location, notably should it decide to
conduct proceedings on site.
The Chairman of the Arbitral Tribunal shall set the rules
governing hearings and conduct the debates with regard to
maintaining good order. The hearings imply cross-examination and
are not open to persons not concerned by the dispute except where
the Arbitrators decide otherwise with the agreement of the parties.
Where persons not involved in the case are admitted they shall be
reminded of their duty to avoid any disturbance of the hearings and
to keep the matter confidential. During the debates and the private
sitting, the Secretary in attendance appointed by the Chairman of
the Arbitration Chamber assists the Arbitral Tribunal.
At the end of the hearing, except where the case is to be
continued at a further hearing, the Chairman shall pronounce the
hearing closed and the private sitting open. From this time on no
further application or evidence may be brought before the Tribunal.
Similarly, no remarks may be made and no documents produced, unless
the Chairman of the Tribunal so wishes, duly notifying the parties
in this event.
Where the proceedings are to continue, the Arbitral
Tribunal shall set a date for the next hearing, relevant writs of
summons being served later on its behalf by the Secretariat of the
Arbitration Chamber.
INVESTIGATION PROCEDURES
Article 29 :
The Arbitral Tribunals have the widest possible powers to
seek evidence.
They may subsequently request the parties to supply
explanation of facts, order them to produce evidence or ask, even
ex-officio, for submission of documentary evidence in the
possession of third parties where no legal hindrance to this
exists.
They may also and generally speaking order all and any
investigation which they consider to be pertinent. The parties are
required to provide assistance in the conduct of such
investigation, the Arbitrators being at liberty to interpret as
they wish any failure or refusal to so assist the
Tribunal.
The Tribunals may finally decide to consult whomsoever
they wish on any matter whatsoever.
ADJOURNMENT OF HEARINGS
Article 30 :
At the request of one of the parties a case called for an
initial hearing may be adjourned with the Chairman's
consent.
Such an application for adjournment must be filed at least
8 days before the date set for the hearing, with the exception of
specific cases on the merits of which the Arbitral Tribunal shall
rule.
The Chairman of the Arbitral Tribunal shall evaluate the
merits of any further request for adjournment made by the parties
and decide whether such a request is to be granted or
refused.
Article 31 :
If the resolution of a dispute is unduly delayed on the
part of one of the parties to the extent that an adjournment is
necessary, the fee required for consideration of the case at a
further hearing of the Arbitral Tribunal may be equal to one third
of the standard arbitration fee and payable by the party having
caused the adjournment.
The Arbitral Tribunal decides whether this measure is to
be implemented.
TIME LIMITS GOVERNING ARBITRATION PROCEEDINGS
Article 32 :
Adoption of the Rules of Arbitration herein by the parties
in arbitration shall necessarily imply their acceptance that the
conventional time limit for consideration of any case by the
Arbitrators of First and Second Degree Arbitral Tribunals is set at
one year from the date of the formal recording of the undertaking
to sit by each of the Arbitrators as well as of the setting up of
the Arbitral Tribunal in which they are to sit.
However, after the First Degree Arbitral Tribunal has
ruled on its provisional award, the proceedings are held to
continue until expiry of the time limit for application at second
Degree as provided for by Articles 17 and 18 above.
If application for Second Degree proceedings is made
within the stipulated time limit, proceedings shall continue under
the core of the Arbitration Chamber until expiry of the assignment
of the Arbitrators sitting in the Second Degree Arbitral
Tribunal.
By authority of the parties in pursuance of the provisions
herein, the Chairman of the Arbitration Chamber may decide,
according to his own judgement as to what is necessary, to extend
for one year the assignment of the Arbitrators making up each of
the First and Second Degree Arbitral Tribunals. In this event, the
Arbitrators and the parties shall be notified
accordingly.
Where the above provision has not been applied by the
Chairman of the Arbitration Chamber, the time limit of one year set
by these Regulations may be extended by the Chairman of the
Tribunal de Grande Instance of Paris (District Court) either with
the agreement of the parties involved or upon request of one of the
parties or of the Arbitral Tribunal.
The latter clause may be applied if necessary at the
expiry of the one-year extension granted by decision of the
Chairman of the Arbitration Chamber.
Article 33 :
When at least one of the parties is resident
outsideFrance, the various time limits
shall be extended as follows :
-British Islesand countries
bordering
onFrance...................................….
4 days
- Other countries
inEurope....................................................................
10 days
- Other countries
..................................................................................
1 month
However, the extensions described above shall not apply to
the time limit of 8 days governing the cases covered in Articles 24
(second and third paragraphs) and 30 (second paragraph).
Article 34 :
All time limits mentioned herein are calculated on the
basis set out by Articles 641 and 642 of the Nouveau Code de
Procédure Civile (French New Code of Civil Procedure).
When a period is expressed in days, the day of the
notification setting into motion the period concerned shall not
count.
All time limits expire on the last day
atmidnight.
Any period which would normally expire on a Saturday, a
Sunday, a bank-holiday or a non-working day shall be extended until
the first following working day.
Proceedings are barred by limitation when neither party
has accomplished any diligence for a three-year period. This time
limitation may be pronounced ex officio by the Chairman of the
Arbitration Chamber after a reminder to parties made by registered
letter has given no result. In case of time-limitation, all advance
deposits shall become the property of the Arbitration Chamber of
Paris.
URGENT ARBITRATION PROCEDURE
Article 35 :
Implementation of an exceptional urgent procedure may be
requested at the time of the application for arbitration
accompanied by the deposit of a non refundable lump sum amounting
to four times the fixed part of the first bracket of the
Arbitration Chamber's scale of fees and being deductible from the
advance deposit mentioned in article 38, paragraph 3.
It is incumbent on the Chairman of the Arbitration Chamber
to decide at the earliest opportunity if such a procedure is to be
implemented ; he is under no obligation to justify his
decision.
If the application for urgent consideration of the case is
refused, the application shall be treated according to standard
procedure.
If the application for urgent consideration of the case is
granted, the Arbitral Tribunal shall be composed of five
Arbitrators nominated or appointed as follows
:
1) The Chairman of the Arbitration Chamber shall appoint
three Arbitrators, among them the Chairman of the Arbitral
Tribunal.
2) Where the proceedings are taken against a single
defendant, the claimant shall have the right to nominate in his
application for arbitration one Arbitrator who may be chosen from
the list already drawn up by the Arbitration Chamber or who
satisfies the criteria set out in Article 7 herein.
The defendant shall have the same right subject to a time
limit of 8 days from the date of receipt of the notification of the
application for arbitration.
If one of the parties has not availed himself of his right
to nominate an Arbitrator, the Chairman of the Arbitration Chamber
shall do so.
3) If there are more than two parties to the action, the
Chairman of the Arbitration Chamber shall appoint all five
Arbitrators on the panel of the Arbitral Tribunal.
Each of the parties shall have the right of obtaining the
replacement of an Arbitrator appointed by the Arbitration Chamber
provided such replacement is requested within a time limit of five
days following receipt of notification of the names of the
Arbitrators. This right may be exercised only once by each
party.
Arbitration proceedings shall take place as promptly as
possible and the Chairman of the Arbitration Chamber shall set,
notwithstanding all other provisions herein, the time limits
governing the formalities of arbitration and in particular those
governing the filing at the Secretariat of papers, documents,
submissions and statements by the parties.
Article 36 :
Implementation of a special accelerated procedure may
furthermore be requested where the arbitration required involves a
look and sniff research.
The implementation of this procedure shall be granted by
the Chairman of the Arbitration Chamber after payment by the
claimant of a fixed deposit equal to twice the amount shown in the
first level of the scale of arbitration fees.
If the special accelerated procedure is applied, an
Arbitral Tribunal shall be set up with a panel of five Arbitrators
nominated or appointed according to Article 35 above.
Once the parties involved have been called to appear
according to due process, the Arbitral Tribunal shall decide prior
to any ruling on the existence of given characteristics of smell on
the basis of samples contractually drawn at the time and place of
delivery of the goods under dispute.
Continuation of proceedings in this connection shall be
dependent firstly on the deposition by the claimant of papers,
documents, statements or submissions supporting his application and
such that the case may be duly considered and, secondly, on
complete payment of arbitration fees due according to Article 38,
paragraph 3 below, including the deposit paid in
advance.
The Tribunal shall rule on the basis of a numerical
majority (3 votes out of 5). Its ruling shall be final and not
subject to appeal.
Article 37 :
The assignment of the Arbitrators forming the Tribunal
ruling under the accelerated procedure shall last only six months,
but by authority of the parties in pursuance of the implementation
of the Rules herein and on his own initiative, the Chairman of the
Arbitration Chamber may extend this duration by a renewable period
of six months with the proviso that extensions do not exceed two in
number. On each occasion the Arbitrators and parties shall be
notified of any such extension.
In the exceptional circumstance where the task of the
Arbitrators sitting in an Arbitral Tribunal has not been completed
when such consecutive extensions have expired, a further extension
may be granted by the Chairman of the Tribunal de Grande Instance
of Paris (District Court) either with the approval of the parties
involved or upon request of one of the parties or of the Arbitral
Tribunal.
The arbitration period shall begin to run from the date of
the official document recording both of the willingness to sit of
each of the Arbitrators and the setting up of the Arbitral Tribunal
of which they are to form the panel.
Article 38 :
The ruling of a Arbitral Tribunal governed by this
accelerated procedure shall be given on the basis of a
straightforward numerical majority (3 votes out of 5)
; copy thereof shall be signed by all the Arbitrators,
except where a minority refuse to do so, in which case this is
mentioned in the record, and by the Secretary in attendance. An
authenticated copy of the award shall be notified to the
parties.
This award shall be final.
Arbitration fees for this accelerated procedure shall be
twice those normally applicable for First Degree
arbitration.
Article 39 :
If the benefit of the accelerated procedure is sought by
one of the parties in order for the Tribunal to rule on an interim
or warranty measure as in a summary procedure before the Courts,
the Arbitral Tribunal shall be composed of three Arbitrators all
appointed by the Chairman of the Arbitration Chamber of
Paris.
Fees for this accelerated procedure shall be set at twice
the amount shown for the first level of the scale of
fees.
None of the three Arbitrators may sit or be asked to sit
in the First Degree Arbitral Tribunal, and, if applicable, in the
Second Degree Tribunal, called upon to examine the full case at
issue.
The ruling of such a Tribunal shall be strictly limited to
a decision on the interim or warranty measure sought. The Tribunal
may under no circumstances sit in full judgment of the case nor
anticipate the nature of its later settlement.
Article 40 :
The above provisions for Arbitral Tribunal using an
accelerated procedure shall not prejudice implementation of Article
11 in the matter of replacement of Arbitrators unable to
sit.
COSTS AND FEES
Article 41 :
At the beginning of each calendar year arbitration costs
in all categories are determined by the Chairman of the Arbitration
Chamber after due consideration by the Board. In particular, the
scale of advance fee deposits is set. This scale is available for
consultation at the Secretariat of the Arbitration
Chamber.
Exceptionally the Chairman of the Arbitration Chamber may
set the arbitration fees for First Degree proceedings at a higher
or smaller amount than the one which would result in the
application of the scale of fees.
Arbitration fees for consideration of a case at Second
Degree shall be one and a half times those which have been required
for the main complaint at First Degree for which it has been
awarded.
Where no modification is made, the scale in force in the
preceding year shall be simply and automatically carried forward to
the new calendar year.
Article 42 :
In the absence of a decision to the contrary taken by an
Arbitral Tribunal, all costs shall be payable by the losing
party.
Article 43 :
The requesting party in any proceedings shall stand as
guarantor of the arbitration costs in all categories as determined
prorata to the sums set by the arbitration fees scale. This
requesting party shall be required to pay over such sums in advance
to the Arbitration Chamber when the Chamber requests him to do so.
If this payment is not made within the time limit set by the
Arbitration Chamber, the application for arbitration shall be
considered to have been withdrawn and the parties shall be notified
accordingly.
Should this requesting party withdraw before any writ of
summons has been issued, the advance payment made shall be returned
to him after deduction of costs already incurred by the Arbitration
Chamber.
Advance deposits shall become the inalienable property of
the Arbitration Chamber once writs of summons have been issued even
where withdrawal occurs after this point or where the parties agree
on or obtain implementation of measures which may put an end to
arbitration.
MISCELLANEOUS PROVISIONS
Article 44 :
All cases referred to the Arbitration Chamber for
consultation or conciliation in pursuance of a Court ruling shall
be heard by a Commission comprising three Arbitrators appointed by
the Chairman of the Arbitration Chamber.
A report on the case shall be drafted by the Chairman of
the Commission and signed by the other Arbitrators and lodged at
the offices of the Clerk to the Court having ordered the referral
to the Arbitration Chamber with an accompanying statement of the
expenses incurred by the latter body.
DATE OF EFFECTIVENESS AND TRANSITORY PROVISIONS
Article 45 :
The issuing of a provisional award or an award brings to
an end the mission of the Arbitral Tribunal.
Nevertheless the Arbitral Tribunal may, of its own motion
or at the petition of either party, interpret the deed qualified as
an award or a provisional award, correct material errors or
omissions which may affect this deed and supplement it when part of
a claim has not been ruled on. Articles 461 to 463 of N.C.P.C.
(French New Code of Civil Procedure) shall apply. Either party may
seize the competent Court when the Arbitral Tribunal cannot sit
again.
Article 46 :
The present edition of the Rules of the Arbitration
Chamber is effective as ofthe 1st of July
2002for all
proceedingsintroduced as of this
date.
Paris,the 5th of June
2002
AP P E N D I X I
-------
P.A.R.A.D. PROCEDURE RULES
ACCELERATED PROCÉDURE FOR RESOLVING DISPUTES BY
ARBITRATION
(in application of article 3 paragraph 5
of the rules of arbitration of the Chambre Arbitrale de
Paris)
In force the 1st of February 2002
Article 3.A - PRELIMINARY
The P.A.R.A.D procedure is a contradictorily held
arbitration procedure, expeditious and simplified to facilitate and
to accelerate the recovery of small money claims that qualify as
being unquestionable, liquid and due.
This procedure complements the existing proceedings
provided for in the Arbitration Rules of the Arbitration Chamber of
Paris.
The collection of a money claim may be pursued under the
P.A.R.A.D. procedure when the money claim has a contractual ground
and does not exceed in principal the amount of 150.000 euros or
equivalent in another currency as of the date of the arbitration
claim), not including damages and/or indemnities under article 700
of the N.C.P.C (New French Code of Civil Procedure).
The P.A.R.A.D. procedure shall not apply where several
claimants or defendants are involved.
The mandate and powers of the Arbitral Tribunal ruling
under the P.A.R.A.D. procedure are set forth exhaustively in the
following provisions.
Article 3.B - THE ARBITRATION CLAIM
The arbitration claim, written on a special form and in
duplicate must be handed over or sent to the Secretariat of the
Arbitration Chamber of Paris and despatched simultaneously to the
other party by the most expedient method of
communication.
Every claim shall be accompanied by the sum required for
arranging the P.A.R.A.D. procedure in accordance with the
provisions of the article 3.G.
The claim shall state :
- the names and addresses of the creditor and
of the debtor ;
- the precise amount being claimed together
with a detailed account of the various components of the money
claim as well as the grounds of the claim ;
- the confirmation that the claim has been
despatched to the debtor, stating by which means this has been done
together with any relevant papers.
The claim must imperatively be accompanied by relevant
papers and by a copy of the agreement having given rise to the
money claim and mentioning the arbitration clause.
The Arbitration Chamber Paris notifies the defendant of
the written case submitted by the claimant and indicates the date
on which the sole arbitrator will hear the parties.
The defendant is informed as well of the name of the
arbitrator constituted as Arbitral Tribunal and of the hearing
dates.
Unless decided otherwise by the Arbitral Tribunal,
additional claims shall not be admitted.
To be admissible, any counterclaim must be lodged within 5
days from the notification of the arbitration claim. This delay
elapsed, the Secretariat shall invite the
counterclaimant to lodge his case as an initial claim under an
arbitration procedure independent from the procedure already
engaged.
Article 3.C - CONSTITUTION OF THE ARBITRAL
TRIBUNAL
The claim shall be referred to a sole arbitrator appointed
by the Chairman of the Arbitration Chamber of Paris.
The arbitrator ruling in pursuance of the present Rules
cannot act as an arbitrator in any subsequent procedure involving
the same parties, in which a matter in connection with those heard
under the P.A.R.A.D. procedure would be raised.
The appointment of the arbitrator may only be challenged,
for a reason existing prior to his appointment, within 5 days
following the notification of the aforementioned appointment. This
delay elapsed, he may be challenged only for a reason which has
become apparent or has come to exist since his
appointment.
Article 3.D - DEPOSIT OF DOCUMENTS
No document or additional paper shall be deposited by the
claimant between the date of his arbitration claim and the opening
of the debate.
The defendant is invited to deposit his file at the latest
two working days before the hearing.
Documents shall be filed either in original or in copy
form. In this latter case original documents have to be available
for submission at the hearings.
Article 3.E - AWARD
If, upon examination of the documents that have been
supplied, the claim appears to the Arbitral Tribunal as being
partially or totally substantiated, the Tribunal shall make an
award ordering payment of the money claim for the amount it has
retained.
If the claim appears to be unsubstantiated or if the
debate or the materials produced reveal, for whatever reason, that
it is necessary to further investigate the case, the Arbitral
Tribunal shall dismiss as such the whole or part of the payment
claim and invite the claimant to refer it to the Arbitration
Chamber of Paris, should the occasion arise, under the ordinary
proceedings provided for in its Rules of Procedure. In such a case,
it is incumbent on either party to lodge an arbitration claim with
the Secretariat of the Arbitration Chamber of Paris which claim
will rank on the day of its registration.
All awards, once notified to the parties, are
final.
Article 3.F - TIME LIMITS GOVERNING ARBITRATION
PROCEEEDINGS
The duration of the mandate of the Arbitral Tribunal
ruling under the P.A.R.A.D. procedure is of one month from the date
of the formal recording of its acceptance to sit.
By authority of the parties, in pursuance of the
provisions herein, the Chairman of the Arbitration Chamber may, on
his own initiative and if he thinks fit, extend the mandate of the
arbitrator for one month.
Article 3.G - FEES
The amount of advanced fees to be deposited by a claimant
either for an initial claim and / or a counterclaim is equal to the
unvarying part of the level of the Arbitration Chamber of Paris
scale of fees in force on the date of the arbitration claim
corresponding to the amount of the litigious money
claim.
Said fees shall definitively and entirely become the
property of the Arbitration Chamber of Paris as from the
registration of the arbitration claim, whatever the outcome of the
procedure might be or where the claimant withdraws for any reason
whatsoever.
The Tribunal shall rule on the bearing and eventual
sharing of said fees.
----------------------------
AN N E X E I I
-------
P.A.R. PROCEDURE RULES
RAPIDE ARBITRATION PROCEDURE
(in application of article 3 paragraph 6
of the rules of arbitration of the Arbitration Chamber
ofParis)
(in force fromthe 1st of July
2002)
Article 3.A - PRELIMINARY
Parties may have recourse to the P.A.R. arbitration
procedure where the money claim does not exceed in principal the
sum of 45.000 euros or the equivalent in another currency as of the
date of the arbitration claim (not including arbitration
fees).
This procedure completes the Rules of Arbitration of the
Arbitration Chamber of Paris, provisions of which remain applicable
unless contrary to the present rules.
The time limits foreseen in the following provisions are
expressed in calendar days.
Article 3.B - THE ARBITRATION CLAIM
The arbitration claim, written on a special form and in
duplicate, must be handed in or sent to the Secretariat of the
Arbitration Chamber of Paris and despatched simultaneously to the
other party by the most expedient means of
communication.
All claims must be accompanied by the payment required for
administrating the PAR arbitration procedure in accordance with the
provisions of article 3.G.
The arbitration claim must include
:
- the names and the addresses of the
parties;
- precise details of the money claim and the
grounds on which the claim is based;
- the confirmation that the claim has been notified to the
defendant, stating by which means of communication the notification
has been carried out, together with any relevant documentary
evidence.
The claim must imperatively be accompanied by documentary
evidence and a copy of the agreement which has given rise to the
dispute and which mentions the arbitration clause.
The Arbitration Chamber of Paris will notify to the
defendant the case file submitted by the claimant and indicate the
date on which the Arbitral Tribunal will hear the
parties.
The claimant is equally informed as to the composition of
the Arbitral Tribunal and the date of the hearing.
To be admissible, any counterclaim must be lodged within
10 days from the notification of the arbitration claim. This time
limit elapsed, the Secretariat shall invite the
counterclaimant to lodge his case as an initial claim under an
arbitration procedure independent from the procedure already
engaged.
Article 3.C - CONSTITUTION OR THE ARBITRAL
TRIBUNAL
The claim shall de referred to the Arbitral Tribunal
composed of a sole arbitrator appointed by the Chairman of the
Arbitration Chamber of Paris.
The sole arbitrator can, in the event of a particular
difficulty in the examination of the case, make representation to
the Chairman of the Arbitration Chamber of Paris in order that the
Arbitral Tribunal be composed of a panel of
arbitrators. In this event, the Chairman of the Arbitration Chamber
shall immediately invite the parties to appoint an arbitrator
within a time-limit of 10 days, failing which he will
proceed with an appointment on behalf of the
parties.
The parties shall be duly informed of the definitive
composition of the Arbitral Tribunal.
The appointment of the arbitrator may only be challenged,
for a reason existing prior to his appointment, within 5 days
following the notification of the aforementioned appointment. This
time-limit elapsed, his appointment may be challenged only for a
reason which has become apparent or has come to exist since his
appointment.
Article 3.D - EXAMINATION OF THE CASE
Unless a contrary decision made by the Arbitral Tribunal,
the latter will rule on the basis of the documentary evidence
produced.
No document or additional piece of evidence shall be
submitted by the claimant between the date of the arbitration claim
and the opening of the debate.
The defendant is invited to deposit his case file at the
Secretariat at the latest five days before the date of the hearing
which will have been notified to him.
The documentary evidence must be submitted either in
original or in copy form. In the latter case, original documents
must be available for submission at the hearing on request by the
Arbitral Tribunal.
At the request of both the parties, either one of the
parties or automatically, the Arbitral Tribunal can invite the
parties to appear on a day and time that the Arbitral Tribunal
fixes.
Article 3.E - AWARD
The Arbitral Tribunal will rule definitively according to
the rules of equity by an award which is notified to the
parties.
Article 3.F - TIME LIMITS GOVERNING ARBITRATION
PROCEEDINGS
The duration of the mandate of the Arbitral Tribunal
ruling under the P.A.R. procedure is of one month from the date of
the formal recording of its acceptance to sit.
The request that the sole arbitrator rule in a panel
of arbitrators, provided for under article 3 C para.2, will
interrupt the time limit governing the arbitration
proceedings.In this particular case, a new
time-limit of one month shall begin to run from the date of the
formal recording of the acceptance by the Arbitral Tribunal to sit
as a panel of arbitrators.
By authority of the parties, in pursuance of the
provisions herein, the Chairman of the Arbitration Chamber of
Paris, on his own initiative, may extend the mandate of the
Arbitral Tribunal.
Article 3.G - FEES
The amount of advanced fees to be deposited by the
claimant for an initial claim and/or a counterclaim is equal to the
unvarying part of the level of the Arbitration Chamber of Paris'
scale of fees, in force on the date of the arbitration claim,
corresponding to the amount of the litigious claim.
The aforesaid fees shall definitively and entirely become
the property of the Arbitration Chamber of Paris as from the
registration of the arbitration claim, whatever the outcome of the
procedure might be or where the claimant withdraws for any reason
whatsoever.
The Arbitral Tribunal will rule on the bearing and
eventual sharing of the aforesaid fees.
Barème général / General scale
(1er février 2002 / Effective1st February
2002)
SOMMES EN LITIGE / SUM IN DISPUTE / (les
tranches ne s'additionnent pas)
(To calculate the costs of arbitration, the amounts
calculated for each successive portion of the sum in dispute must
not be added together)
|
FRAIS D'ARBITRAGE / ARBITRATION
COSTS
(incluant honoraires TTC de 3 arbitres et
frais administratifs) / (including arbitrators' fees with V.A.T.
plus administrative expenses)
|
entre / Up to 0,000 € et/To 15.000 €
|
1 184,08 €
|
entre / From 15.001€ et/To 30.000 €
|
2 776,40 €
|
entre / From 30.001 € et/To 50.000 €
|
4 452,80 €
|
entre / From 50.001 € et/To 70.000 €
|
6 094,82 €
|
entre / From 70.001 € et/To 100.000 €
|
8 468,00 €
|
entre / From 100.001 € et/To 150.000 €
|
10 448,00 €
|
entre / From 150.001 € et/To 1.500.000 €
|
12.242 € + 2,5 % des sommes supérieures à 150.001
€
|
Au dessus de/ over 1.500.001 €
|
La provision est fixée par le Président de la
Chambre Arbitrale
|
(*) A l'exclusion de barèmes spécifiques à
certains secteurs d'activité / Not applicable to economic sectors
where specific scales are applied
Barème CAP applicable aux litiges de négoce
ou de transformation de matières premières / CAP scale applicable
tobusiness or raw material transformation
dispute
(1er février 2002/ Effective 1st Febuary 2002
)
Le barème des provisions d'arbitrage se compose d'une
partie fixe à laquelle s'ajoute un pourcentage de la
somme en litige / The advance on costs includes a fixed part plus a
percentage of the sum in dispute and is calculated in accordance
with the scale of arbitration costs hereinafter set out.
SOMMEEN LITIGE/SUM IN DISPUTE
|
PARTIE FIXE / FIXED PART
|
POURCENTAGE SUR LA SOMME EN LITIGE /
PERCENTAGE OF THE SUM IN DISPUTE
|
entre/ Up to 0,000 €
|
et / To 15.000 €
|
690 €
|
3,50%
|
entre/ Up to 15.001 €
|
et / To 30.000 €
|
820 €
|
3,50%
|
entre/ Up to 30.001 €
|
et / To 45.000 €
|
920 €
|
3,50%
|
entre/ Up to 45.001 €
|
et / To 60.000 €
|
1.120 €
|
3,25%
|
entre/ Up to 60.001 €
|
et / To 75.000 €
|
1.520 €
|
3,00%
|
entre/ Up to 75.001 €
|
et / To 100.000 €
|
1.875 €
|
2,75%
|
entre/ Up to 100.001 €
|
et / To 150.000 €
|
2.425 €
|
2,50%
|
entre/ Up to 150.001 €
|
et / To 450.000 €
|
3.270 €
|
2,25%
|
entre/ Up to 450.001 €
|
et / To 750.000 €
|
4.400 €
|
2,00%
|
entre/ Up to 750.001 €
|
et / To 1.500.000 €
|
8.570 €
|
1,75%
|
Au dessus de/over 1.500.001 €
|
Frais dégressifs (à demander au
secrétariat)
Decreased costs in proportion (Consult Chamber for
amounts)
|
Nota: si le montant en euros des sommes en
litige se situe entre deux tranches du barème, la provision est
calculée sur la tranche la plus basse / If the amount in euros
falls between two brackets of the scale, the provision is
calculated on the lower bracket