The Milan Chamber of Arbitration has adopted a new Procedure to run its services under the UNCITRAL (United Nation Commission on International Trade Law) Arbitration Rules.
The Procedure enter into force on 1 January 2016.
UNCITRAL adopted its Rules of arbitration (Resolution No. 31/98 dated 15 December 1976), updated in 2013, and parties can make reference to those rules in their arbitration agreement.
An arbitration under the UNCITRAL Rules is not an institutional/administered arbitration, it remains an ad hoc arbitration, while - if the parties so agree - arbitral institutions can organize supportive services to which parties can make reference.
Therefore, CAM has adopted the Procedure to offer the following services in case of arbitration under the UNCITRAL Rules:
- appointment of arbitrators and decision on challenge of arbitrators
- consultation on fees
- a number of additional services, such as organization of hearings, appointment of the Tribunal's Expert, management of the costs of the case, and access to document resources
Parties can agree on the Procedure before any disputes arise, or once a dispute has arisen, on the basis of the model clauses attached to the Procedure.
According to the CAM Procedure, parties can agree on individual services, i.e. selecting CAM as an appointing authority or requesting CAM to provide some of the additional services it offers, otherwise they can agree on the Procedure as a whole.
Therefore, parties can select the services on the basis of the concrete and specific needs of the case at hand, in order to conduct their arbitration in an effective and efficient way.
Milan Chamber of Arbitration
Tel: +39 06 4203.4324 or +39 02 8515.4666