V CONFERENCIA DE ARBITRAGEM INTERNACIONAL DO

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1 Rio de Janeiro, 12 de Majo de 2009 V CONFERENCIA DE ARBITRAGEM INTERNACIONAL DO RIO DE JANEIRO Disclosure and Challenge of Arbitrators: t the Milan Rules RINALDO SALI sali@mi.camcom.it Vicesecretary General CHAMBER OF ARBITRATION OF MILAN

2 The Chamber of Arbitration of Milan (CAM) Milan Alternative Dispute Resolution Services: ARBITRATION (1986) MEDIATION (1996) Online Dispute Resolution (2002) Italy China Business Mediation Service (2006) Internet Domain Name Dispute Resolution IT Internet Domain Name Dispute Resolution.IT (2008)

3 ARBITRATION - Facts and Figures Arbitration Cases

4 2008 FACTS AND FIGURES: 118 new arbitration cases 32 international cases (27%) Average value in dispute: Average lenght: 13 months 246 appointed arbitrators: 55% by the parties 40% by the Chamber (Arbitral Council) 4% by the co-arbitrators 1 by a different appointing authority (the president of the Court)

5 WHY INSTITUTIONAL ARBITRATION? The 4 Foundations of the CAM Arbitration independence and impartiality of the arbitrators supervision of the proceedings: strong efficiency, flexible rules time control cost control The New 2006 Italian Arbitration Reform of the Code of Civil procedure (CCP, Articles ) officially recognizes now the institutional arbitration

6 The check of independence procedure 1. DISCLOSURE: the Statement of independence by the arbitrators 2. CHALLENGE by the parties 3. CONFIRMATION by the Chamber

7 Statement of independence ARBITRATION (n. 4808) COMPANY XX / COMPANY YY I, the undersigned Mr. / Ms., [please mark the relevant boxes] I ACCEPT to serve as arbitrator in the reported arbitration administered according to the Arbitration Rules, the Ethics for Arbitrators and the Schedule of Fees of the Chamber of Arbitration of Milan, which I have all examined. I DON T ACCEPT to serve as arbitrator. If the arbitrator wishes to specify the reasons of non acceptance, can do so: I DECLARE to be and to intend to remain independent and impartial in this dispute. I declare that, t to my knowledge, there are no facts, circumstances or relationships which may affect my independence and impartiality. or IDECLAREto be and to intend to remain independent and impartial in this dispute I DECLARE to be and to intend to remain independent and impartial in this dispute. However, in consideration of Art of the Arbitration Rules of the Chamber of Arbitration of Milan, I disclose the following facts / circumstances / relationships, specifying their nature, time and length:

8 Statement of independence Date Signature ARBITRATION RULES ARTICLE 19 Art. 19 Statement of independence and confirmation of arbitrators 1. When giving notice of their acceptance the arbitrators shall submit their statement of independence to the Secretariat. 2. The arbitrator shall indicate in the statement of independence: a. any relationship with the parties or their counsel which may affect his impartiality and independence; b. any personal or economic interest, either direct or indirect, in the subject matter of the dispute; c. any prejudice or reservation as to the subject matter of the dispute as well as the time and duration of the above. 3. The Secretariat shall forward a copy of the statement of independence to the parties. Within ten days of receiving the statement, each party may file written comments with the Secretariat. 4. After expiry of the time limit in paragraph 3, the arbitrator shall be confirmed by the Secretariat if he has filed a statement of independence without considerable qualifications and the parties file no comments thereto. In any other case, the Arbitral Council shall decide on the confirmation. 5. Where necessary due to supervening facts or at the request of the Secretariat, the statement of independence shall be repeated in the course of the arbitration until its conclusion.

9 The Challenge and the Confirmation of the Chamber Parties have 10 days to challenge, filing any written comment on the arbitrator's statement The Chamber (Arbitral Council) decide on the confirmation

10 Milan practice The arbitrator has been (until May, 2007) the counsel of his appointing party before a State Court in a matter not related to the present proceedings Ref. IBA GUIDELINES RED LIST - NON WAIVABLE no one can be his/her own judge (General Standards 2.d and 4.b)

11 Milan practice In 2005 the arbitrator had given legal advice to a director of the board of his appointing party in a matter not related to the present proceedings Ref. IBA GUIDELINES RED LIST - WAIVABLE subject to the parties express acceptance (General Standards 2.b and 4.c)

12 Milan practice The daughter of the arbitrator is a practising lawyer at firm representing his appointing party Ref. IBA GUIDELINES ORANGE LIST requiring the parties timely objection o (General Standard 4.a)

13 Milan practice Being scholars at the same University of the appointing party s counsel Ref. IBA GUIDELINES GREEN LIST No duty to disclose (General Standard 2.c)

PROCEDURE AND SERVICES UNDER THE UNCITRAL ARBITRATION RULES

PROCEDURE AND SERVICES UNDER THE UNCITRAL ARBITRATION RULES January 1 st, 2016 PROCEDURE I. General provisions Art. 1 Bodies Art. 2 Scope Art. 3 Confidentiality Art. 4 Entry into force Art. 5 Reference