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REQUEST FOR ARBITRATION
Article 1
A request for arbitration may
be submitted to the arbitration committee of the ATA either by way of
an arbitration clause, or by way of a document defining the parties' terms
of reference where they make reference to the ATA rules of arbitration.
Article 2
Any party wishing to initiate
an arbitration process under the ATA shall submit its request for arbitration
to the secretariat of the society, by way of a written submission containing
the following information :
a) the name in full, description and address of each of the parties ;
b) a statement of the relief sought, including, if possible, the amount
claimed ;
c) the agreements undertaken by the parties and, in particular, the arbitration
agreement ;
The request shall indicate the number of arbitrators and, if appropriate,
the name of the arbitrator to be proposed as a nominee by the Claimant.
Article 3
The secretariat shall notify at
once the Respondent(s) by supplying a copy of the request and the annexes
thereof and requiring an answer to be filed with the secretariat within
30 days of receipt of the copy request, containing its (their) statements
of facts and claims and if appropriate the name of the arbitrator proposed
by them.
Article 4
A copy of the answer from the
Respondent and the annexes thereof will also be addressed to the Claimant
who, within 30 days of receipt, may submit a counterclaim.
CONSTITUTION OF THE
ARBITRAL TRIBUNAL
Article 5
The arbitral tribunal shall consist
of one or several arbitrators in uneven number. Where the dispute shall
be decided by a sole arbitrator, the arbitrator is nominated by the arbitration
committee of the ATA.
Where the parties have settled to nominate the sole arbitrator by agreement,
the arbitration committee shall confirm this nomination.
Where the dispute is to be referred to several arbitrators the arbitration
committee shall confirm the nominations made by the parties but the chairperson
shall be appointed by the arbitration committee.
Where the number of the parties is over two and that, within two months,
there is no agreement as for the arbitrators, the arbitration committee
shall appoint the arbitrators.
Article 6
The members of the tribunal panel
may be challenged on the same basis as state judges.
Article 7
The decision of the arbitration
committee as to the appointment, confirmation, challenge or replacement
of an arbitrator shall be final.
Article 8
In case of challenge, resignation
or death of an arbitrator, the arbitrator shall be replaced on the arbitration
committee's own initiative.
Article 9
The arbitral tribunal is duly
constituted once the arbitrators have accepted to serve.
The arbitration committee shall fix the advance on costs following the
amount of the claim and according to the scale hereinafter ; each party,
Claimant and Respondent, shall pay its share of the provisional advance.
However, should one party fail in paying its share, the unpaid portion
of the provisional cost may be paid by the other party.
THE ARBITRAL PROCEEDINGS
Article 10
The Arbitral Tribunal shall fix
the place of the arbitration.
Article 11
Before any proceeding the Arbitral
Tribunal shall on the basis of the claims of the parties prepare a document
defining its terms of reference. This document shall essentially include
:
a) the full name and description of the parties and their counsel ;
b) the full names of the arbitrators and the place of arbitration ;
c) a summary of the parties' claims ; The terms of reference shall be
signed by the parties and the arbitrators.
Article 12
The Arbitral Tribunal shall decide
upon its jurisdiction. The Arbitral Tribunal shall assume the power of
an amiable compositeur if the parties have agreed to give such powers
in their request or in the terms of reference. The Arbitral Tribunal is
not subject to procedural rules as applicable to state courts concerning
forms and fixed times except for those rules fixed by the law of arbitration.
Article 13
The hearings shall afford each
party reasonable opportunity to present its case and meet the case of
the other party. The Tribunal studies the submissions of the parties;
the Tribunal shall hear the parties. The parties may be assisted by advisers.
The parties may also appear through counsel or by any duly authorised
representative.
Article 14
The Arbitral Tribunal may decide
the case solely on the documents submitted by the parties if the parties
have so requested. The tribunal may appoint one or more experts and add
their reports to the file : the Tribunal may question the experts at a
hearing. One arbitrator on behalf of the other or the full arbitral panel
may decide to hold a hearing in any location appropriate to make useful
observations. In this case a report is made containing all significant
proceeding taken.
THE ARBITRAL AWARD
Article 15
If the parties reach a settlement
after the file has been duly transmitted to the Arbitral Tribunal, the
Arbitral Tribunal shall record this settlement in the form of award by
consent.
Article 16
The time limit within which the
arbitrators must render their final award is of four month starting to
run from the signature of the terms of reference as defined in art. 11.
However at the request of one of the parties and the agreement of the
other or at the request of both parties, this time limit may be extended
or shortened. The Arbitral Tribunal may extend the time limit with the
agreement of the parties.
Article 17
The final award shall fix the
costs of the arbitration, including the fees of the arbitrators and the
administrative costs as fixed by the arbitration committee, and, if any,
the fees of experts. It determines which of the parties will bear the
cost or in which proportion they shall be borne by the parties.
Article 18
When the arbitral tribunal is
composed of several arbitrators, the award is given by a majority decision.
Article 19
The award is dated and signed
by the arbitrators. When the arbitral tribunal is composed of more than
one arbitrator and one of them abstain from signing, this refusal is recorded.
The deliberations of the arbitrators are kept secret. An arbitrator is
not allowed for to make his personal divergent opinion known to the parties.
Article 20
Once the award has been made it
is deposited with the secretariat of the ATA. The secretariat shall then
notify the award to the parties.
Article 21
If a party wishes to do so,
the secretariat may transmit the award to the relevant officer of the
state tribunal having jurisdiction.
FEES AND COSTS OF
ARBITRATION SCALE
In setting the fees of the arbitrator(s)
the arbitration committee takes into consideration the amount of the dispute
in accordance with the scale hereinafter set out calculating the amount
for each successive slice :
| For an amount (in Euro) of the dispute |
%
of fees per arbitror
|
|
Up to 30 000 |
8 % |
|
From 30 000 to 75 000 |
5 % |
|
From 75 000 to 150 000 |
4 % |
|
From 150 000 to 300 000 |
3 % |
|
From 300 000 to 750 000 |
1,5 % |
|
From 750 000 to 1 500 000 |
1% |
|
From 1 500 000 to 7 500 000 |
0,3% |
If the sum in dispute is over 7.5 M euros,
the advance in fees is determined by the arbitration committee at the
time of the request for arbitration.
To the fees of the arbitrators should be added the administrative costs,
calculated at 20% of the fees, the fees of the experts and the costs incurred
by the arbitrators for the service of the arbitration.
Home Page What
is ATA ?
Standard arbitration clause
Arbitration rules Scale
ATA