TITRE I
DENOMINATION – DURATION– PURPOSE – LOCATION
Art. 1 - 4
Section 1
The Association will be distinguished under the name
of MONACO CHAMBER OF MARITIME ARBITRATION.
On every piece of correspondence and other documents issued by the Association
it must be stated that the Chamber is subject to Act n° 1072 enacted in
1984, June 27th, as above.
Its duration will be for a period of ninety-nine (99) years, starting from the
date of its approval by Ministerial Decree. It can be prolonged or anticipately
dissolved under the terms and conditions set in Title VI of the present statutes.
Section 2
The MONACO CHAMBER OF MARITIME ARBITRATION has been
founded with the purpose of rapidly deciding and/or settling any controversy
being submitted for its examination; the Chamber has no lucrative purpose.
The MONACO CHAMBER OF MARITIME ARBITRATION may be charged with the task of deciding
and/or settling any dispute being subject to an arbitration agreement and arising
from:
a) any contract, bargain, convention or other private legal relationship whatsoever
of a commercial or maritime nature (or commercial-terrestrial or commercial-aerial,
be it mixed or also combined with a maritime nature).
A matter may be submitted to the Chamber particularly concerning: the construction,
sale, freighting and chartering of sea-going vessels or any kind of vessels
employed in interior waters, such as lakes or rivers, and from bottomry and
respondentia, liens, hypothecs and mortgages, sale of goods carried or to be
carried by sea, from any contract of carriage, including time or voyage charterparties,
cruises and maritime or combined travels, or from any legal relationship arising
from tug and tow, pilotage, collision between or among vessels and also collision
against objects, any kind of assistance or salvage rendered to lives and/or
vessels or to wrecks, general average, marine insurance on hulls and goods,
"protection and indemnity" insurance, agency and brokering services,
as well as any kind of activity in fishing at sea. b) any other commercial matter or matter whatsoever
connected with maritime business, wherefore the engaged parties have the full
liberty of settlement in the case that they agree in requesting that the dispute
be settled "pro bono et aequo" by way of an amicable composition according
to sec. 19 hereunder.
Section 3
All physical subjects or legal entities of any sort
and nationality, whether or not they adhere to the Chamber, may bring their
claims before the MONACO CHAMBER OF MARITIME ARBITRATION in force of an arbitration
agreement which may be stipulated before or after the arising of the dispute.
The arbitration agreement must be stipulated by a written instrument to be signed
by the parties or by other persons acting on their behalf.
The arbitration agreement may also be evidenced through an exchange of letters
or telegrams or telex or facsimile messages.
Should the domestic laws whereto parties are subject or the law of the place
wherein the arbitration agreement has been stipulated validate any form other
than a written instrument, then all the arbitration agreements which have been
stipulated in such different way will be held valid and binding.
In the arbitration clause or in any succeeding agreement for arbitration, the
parties must clearly mention that they intend to submit their dispute to the
MONACO CHAMBER OF MARITIME ARBITRATION.
Section 4
The seat of the MONACO CHAMBER OF MARITIME ARBITRATION
is situated in the Principality of Monaco, and may be transferred to any other
place in the Principality by mere decision of the Board of Directors.
MEMBERSHIP:
ENTRIES – DISMISSALS – EXCLUSION OF MEMBERS
Art. 5 - 7
Section 5
The Association is composed of adherent members, benefactor
members and honorary members.
1.- Adherent members are, besides the founder members, any other person admitted
under this title by the Board of Directors following proposal by another adherent
member. Adherent members have the right to vote at General Meetings.
2.- Foster members are those persons who can also be legal entities, whose importance
of contribution justifies their admission under this heading in the Association.
3.- Honorary members are members for life. This title is granted by the Board
of Directors to persons who, by their interest shown in the Association and
by their particular contribution to its development, have personally helped
its growth. The Board of Directors may also grant the title of Honorary President
under the same conditions.
Foster members and honorary members, if not already adherent members, do not
have the right to vote at General Meetings.
All types of associations, trusts, groups of shipowners, ship managers, charterers,
shipping agents, forwarding and transit agents, stevedores, brokers, shipbuilders,
marine insurers and underwriters, import-export traders, chambers of commerce
and industry, and generally any private or public firm or legal entity, association,
company and trust directly or indirectly interested in the field of maritime
transportation and carriage of goods and passengers by sea, shipbuilding, marine
insurance and exploitation of vessels, may adhere to the MONACO CHAMBER OF MARITIME
ARBITRATION.
Section 6
The Board of Directors will decide at its full discretion
on the admission of each member, ruling on a simple majority vote under the
conditions foreseen in Section 11 below.
Section 7
The quality of member may be lost because of resignation
or expulsion.
A member may be expelled by the General Meeting of the members only in case
of indignity or of consistent breach of social regulations.
The General Meeting may also suspend a member or inflict a fine on him if he
has incurred in a lesser default.
Art. 10 - 11
POWERS GENERALLY ATTRIBUTED TO THE BOARD OF DIRECTORS
Art. 12
POWERS GENERALLY ATTRIBUTED TO THE EXECUTIVE COMMISSION
Section 9
1) The Chamber is managed by a Board composed of five
to fifteen Directors, all of them of majority age and in full possession of
their civil rights. Members composing the Executive Committee as well as the
majority of the members of the Board of Directors must be residents in the Principality
of Monaco.
Elections are carried out by secret ballot and on a majority vote, during the
ordinary General Meeting of the members. The Board of Directors will be renewed
each year.
The out-going members are re-eligible.
The Board members will elect among the Directors a President, a Vice President,
a Secretary and a Treasurer; the last two functions may be held by a sole person
having the title of Secretary-Treasurer.
2) The Board of Directors will organise and direct all the services rendered
by the Chamber.
Section 10
1) The Board of Directors lays down the Arbitration
Rules of the Chamber and modifies, if necessary, the said Rules.
2) The Board of Directors will also prepare a roster of arbitrators, chosen
among experienced and reputed subjects of different nationalities who have accepted
to act as arbitrators in the MONACO CHAMBER OF MARITIME ARBITRATION.
3) The list will be of the same nature as the Rules and therefore the Board
of Directors may modify it if necessary, owing to retirements and new appointments.
4) To allow an easier consultation, arbitrators will be listed in the roster
in alphabetical order.
5) The Board will fix in a yearly tariff the amount of payments to be made in
advance by plaintiffs and defendants, with an aim to cover provisionally the
fees allotted to arbitrators as well as the administrative costs of arbitration.
The Board will also determine the percentage to be retained on the amount of
the fees definitely established in favour of each arbitrator whenever the amount
of the costs exceeds the foreseen expenses, in order to cover the administrative
costs of the Chamber.
6) The Board of Directors will draw up the budget of the Chamber and may dispose
of the sums received as above to cover the administrative costs.
Each year the Board will submit a detailed report on its own management to the
Ordinary General Meeting, where the yearly accounts will be verified and approved.
Section 11
1) The Board of Directors will meet whenever necessary,
being convened by the President or upon request made by the majority of its
members.
2) A quorum of one half of the number of Directors is necessary to validate
the Board meetings.
Resolutions are taken on a majority vote; in case of parity the vote of the
President will be determinant.
An absent Director may be represented in the taking of any resolution by another
Director duly supplied with a written proxy.
The minutes of the meetings are signed by the President and the Secretary.
3) Any Director failing to take part in three consecutive meetings will be held
as having given his resignation, unless he can allege some legitimate excuse.
Any resigning Director must be substituted by the Board after all the adherent
members have been invited to make proposals for his substitution within at least
10 days from the notice.
If no proposals are made, the Board will appoint a new Director by way of co-optation,
and this appointment will be submitted to the next General Meeting of the members
for ratification.
Section 12
1) The Chamber is currently managed by an Executive
Commission, composed in its wholeness, of the President, the Vice President,
the Secretary and the Treasurer.
2) The President represents the Association in all its civil activities. He
also represents the Association in respect of all third parties.
The President ensures the execution of all the resolutions taken by the Board
of Directors of which he is the Chairman, having a determinant vote.
3) The President and the Treasurer, or the Secretary-Treasurer, together, are
fully empowered, in the name of and on behalf of the Chamber, to open bank accounts
or make any deposit, to buy and sell all kinds of shares and bonds and to get
advance loans on the same, to proceed to any withdrawal, conversion or replacement
of the said accounts, and generally to deal with all sorts of treasury operations.
4) The President has the liberty of empowering any person of his own choice
with the faculty of dealing with an act pertaining to the Presidential powers
according to the present Statutes.
He may also delegate his own powers to another member of the Board of Directors,
in case of his temporary impediment.
He may even delegate to another member of the Board of Directors the Treasurer's
duties, in case the latter is temporarily prevented from carrying out his functions.
However, such delegations must be ratified by the Board of Directors or the
Board may provide for other temporary delegations by its own choice, in a meeting
to be held not later than three months from the day they are made.
5) The Executive Commission is also entrusted with the task of dealing with
the starting and conduct of arbitration proceedings according to the Arbitration
Rules.
6) The Executive Commission will designate or approve the appointment, among
the names listed in the roster set by the Association according to Section 10
(TEN), of the arbitrators called to decide a controversy submitted to the Chamber.
7) The Executive Commission or the parties can respectively designate or appoint
arbitrators not listed in the official roster.
In any case, the appointment of an umpire or of a third arbitrator (Chairman
of the panel) must absolutely be agreed by the Executive Commission.
8) Any resolution made by the Executive Commission is signed both by the President
or the Vice-President and the Secretary, and notified to the parties and to
any other interested person or entity under the same signatures.
The General Meeting of the members, once regularly convened,
exercises the supreme powers of the Association.
The General Meeting must be convened once every year, within the three months
following the closing of the social year, upon the President's initiative, and
must also be convened upon a request submitted to the President by one third
of all the active members.
The President, or in his absence the Vice President, will be the Chairman of
the General Meeting.
The Ordinary General Meeting is convened by means of individual letter or telegram,
telex or facsimile, at least one month before the date fixed for the meeting.
The Extraordinary General Meeting is convened exclusively by registered letter,
whose forwarding receipt will be proof of the regularity of the convocation.
Section 14
The General Meeting is composed of all the adherent
members or their representatives, or of persons who have been delegated for
this purpose.
The annual Ordinary General Meeting will discuss and approve the detailed report
on the past management submitted by the Board of Directors.
The annual Ordinary General Meeting will elect the members of the Board of Directors
for the following year.
The Extraordinary General Meeting will decide on all the questions of highest
importance put forward by the Board of Directors, and particularly on all modifications
of the Statutes.
Section 15
A quorum of the majority of all the active members is
necessary to validate the Ordinary General Meeting.
When convening the Ordinary General Meeting, the President will specify that,
failing this quorum, another meeting will be held on a date and hour fixed as
well in the same notice.
No quorum is necessary to validate this second meeting.
A particular quorum of two/thirds of the adherent members is necessary to validate
the Extraordinary General Meeting.
Failing this quorum, the President must again convene the members within a maximum
delay of one month from the first meeting. This second Extraordinary General
Meeting must be held within a maximum of three months from the first meeting,
and it will be validly set up, whatever the number of members present at the
meeting.
Section 16
Resolutions are taken by the Ordinary or Extraordinary
General Meetings of the members on a majority vote given by the members personally
present or regularly represented as stated above. In case of parity, the vote
of the Chairman will be determinant.
Voting is made by raising hands, unless the majority of the members present
at the meeting request that voting be made by secret ballot.
Each member of the Association is entitled to one vote; however the Board of
Directors may decide unanimously to grant a greater number of votes to any group,
association or chamber whose importance is likely to justify such particular
attribution.
Section 17
During each annual Ordinary General Meeting, one or
two auditors will be appointed. They will be chosen among persons not taking
part in the Board of Directors.
The Association may be prolonged or dissolved at any
time of its life.
The Chamber may be dissolved only if it runs short of its social purpose and
when a resolution in this sense has been adopted in an Extraordinary General
Meeting specially convened for this purpose.
A quorum of three/fourths of the adherent members is necessary to validate the
General Meeting discussing the dissolution of the Chamber; a majority of two/thirds
of the members present at the meeting or duly represented as above is necessary
to validate the relevant vote for dissolution.
In the event that the Association is dissolved, all the social assets must be
put in liquidation by the Board of Directors or by one or more liquidators appointed
by the General Meeting for this purpose.
The net remainder of the assets shall be donated to a charitable institution
of the Principality of Monaco.
1) The President of the Chamber, or in his absence the
Vice-President, signs in the name of the Chamber, together with the Secretary-Treasurer,
all the awards and settlements issued by the arbitrators. The Secretary provides
for the registration of the same.
2) Arbitrators have the liberty of acting and deciding as "amiables compositeurs
pro bono et aequo" whenever the parties have expressed their common intention
to that purpose in the arbitration agreement, compromissory clause or any other
succeeding agreement.
In this case, the number of "compositeurs" may be even, and they will
act as common and joint agents of all the interested parties, despite the fact
that each of them has been appointed by only one of the parties.
Nevertheless, should they not agree in settling on the merits, they must eventually
agree, in their quality of common and joint agents of all the parties, in appointing
an umpire or, if the parties confirm both of them in their office as arbitrators,
they must appoint a third arbitrator among the names listed in the roster.
Should they not agree on such appointment, they must immediately inform the
President of the Chamber so that the Executive Commission may proceed to the
designation of the umpire or of the third arbitrator on their behalf and place.
The third arbitrator will act as Chairman of the panel and his vote will be
determinant.
3) The official languages of the Chamber are French, English, Italian and Spanish.
Section 20
The present Statutes are binding in respect of all the
parties adhering to the Chamber or appealing to the Chamber arbitration proceedings.
By merely submitting their dispute to the Chamber, parties are held to have
accepted and engaged to comply with the rules set by the present Statutes as
well as with the Arbitration Rules of the Chamber to their full extent.
Section 21
The social year begins on the first day of January and
terminates on the thirty-first day of December.
Every question not provided for in these Statutes will
be within the competence of the Board of Directors. The relevant resolutions
taken by the Board of Directors must be submitted to and may be modified only
by the General Meeting of the members.
All the disputes provided in sec. 2 of the Statutes
may be submitted to and settled by the Monaco Chamber of Maritime Arbitration
whenever the parties have made a reference to the Chamber in any stipulation
for arbitration agreed pursuant to the cases and instruments as per sec. 3 of
the Statutes. By referring to the Chamber even without any specification, parties
are held to have submitted both to the Statutes and the following Rules to their
full extent.
2.
The plaintiff, that is to say each claimant
who is intentioned to bring a dispute in front of the Chamber, must notify the
defendant, that is to say the adverse party(ies), with a written statement of
claim by registered letter with return receipt, to be also filed for information
with the Chamber's Secretariat together with the proof of the made notification
to the defendant.
The statement of claim must contain:
(a) the names of the claimant and of the respondent(s);
(b) their full addresses;
(c) a reference to the arbitration clause or agreement, whereof a copy or a
copy of the contract where the compromissory clause is inserted must be attached
to the statement of claim and to the copy of the said statement of claim that
will be sent to the Secretariat of the Chamber.
(d) a short explanation on the merits of the dispute, including a concise statement
of facts as well of legal reasons whereon the claim is grounded;
(e) the appointment of the arbitrator(s) that the party is entitled to name,
chosen among the names listed in the Roster of the Chamber according to sec.
10 of the Statutes. Each appointment outside the official Roster is subject
to be approved by the Executive Commission. Should the arbitration clause or
agreement not provide otherwise, both the plaintiff(s) and the defendant(s)
are entitled to appoint only one arbitrator each, and the dispute is to be settled
by a panel of three arbitrators.
Whenever the parties have agreed in an arbitration clause or agreement that
the dispute be settled by "amiables compositeurs", the plaintiff must
also state that the appointment of the arbitrator(s) must be considered as a
commitment for a settlement "pro bono et aequo".
The plaintiff may state that he will abstain from appointing his arbitrator
and accept, if the defendant agrees, that a sole arbitrator be designed ex officio
by the Executive Commission of the Chamber.
To the statement of claim filed in copy at the Secretariat of the Chamber must
be attached:
(f) the receipt of a payment made in advance and credited to the account of
the Monaco Chamber of Maritime Arbitration (as opened upon resolution of the
Executive Commission in a Bank having its offices in Monaco and indicated in
the below-mentioned tariff) for such an amount as per the tariff fixed every
year by the Board of Directors in proportion to the value of each claim and
bound to cover both the arbitrators' fees and the administrative costs.
3.
The defendant who has been notified with
the statement of claim as above must notify the plaintiff with a written statement
of defence by registered letter with return receipt not later than one month
after the date of reception of the statement of claim, and must also have such
statement of defence filed with the Chamber's Secretariat together with the
proof of the notification made to the plaintiff.
The statement of defence must contain all the items listed as above under Rule
2 (letters from (a) to (f)), including a reference to the amounts paid in advance
for administrative fees and for the arbitrators. In the case of a counterclaim
being brought by the defendant against the plaintiff, this must also be supplemented
with the receipt of an advance payment as provided under the said letter (f)
for a sum proportioned to the amount of his counterclaim according to the yearly
tariff of the Chamber. Should the defendant not submit a counter-claim, the
amounts for his account will be limited to the minimum step of the tariff.
4.
When the defendant abstains as well from
appointing his own arbitrator, the Executive Commission will designate a sole
arbitrator.
In the event that the plaintiff has abstained from appointing his own arbitrator,
but the defendant does not agree and decides to appoint his own arbitrator,
the plaintiff will be able, in turn, to appoint his arbitrator within a delay
of 15 days from the date of receipt of the statement of defence. In any case,
when a sole arbitrator must not be necessarily designated and either one or
both of the parties have omitted appointing his own arbitrator(s) within the
delay(s) as above, the Executive Commission of the Chamber will designate such
arbitrator(s) "ex ufficio" and will give notice to the parties through
the Secretariat. Same designation is made when the defendant omits appointing
his own "amiable compositeur".
Should the defendant not file any appearance by a statement of defence within
the delay as above, the Executive Commission will designate motu proprio a sole
arbitrator and a notice will be given to the plaintiff by the Secretariat. The
appointment of an arbitrator, if formerly made only by the plaintiff, will be
considered deprived of any effect.
No active member of the Executive Commission may be designated as arbitrator
either in way of designation or in way of substitution.
5.
The arbitrators who have been duly appointed or designated
as above shall proceed (unless they have been appointed as "amiables compositeurs
pro bono et aequo") to appoint by common agreement a third arbitrator within
30 days from the last date of receipt of the notice of their appointment as
given by the Secretariat.
The arbitrator so appointed must be chosen among the names listed in the Roster
of the Chamber, and notice must be given by the other appointing arbitrators
to the Secretariat of the Chamber and to the parties. The arbitrator so appointed
will act as Chairman of the panel.
Should the arbitrators not agree within the said delay of 30 days on the appointment
of another Arbitrator-Chairman, they must inform the Secretariat of the Chamber
and the Executive Commission will proceed "motu proprio" to make such
designation and to give notice through the Secretariat to the parties, to the
third arbitrator and to the other arbitrators.
The appointment of an arbitrator cannot be revoked
after the opposing party has been notified with such an appointment. If an appointed
arbitrator refuses to accept his office or does not carry it for any reason
whatsoever, the Secretariat of the Chamber will invite the appointing party
to replace him by choosing another arbitrator within 15 days from the date on
which notice was given by the Secretariat. Should the invited party not proceed
to the replacement, or in the case that the resigning or prevented arbitrator
has been designated by the Executive Commission, the same Commission shall proceed
"motu proprio" to his substitution, and notice of the name of the
substitute will be given to the parties through the Secretariat.
7.
Any appointed or designated arbitrator may be challenged
on the same grounds as provided in the Principality of Monaco for the challenge
of judges. Moreover, no person appointed or designated as an Arbitrator-Chairman
of the panel or as a sole arbitrator or as an Umpire can accept and carry his
office if he has already given his personal advice on the case or if he is the
habitual adviser to one of the parties.
The challenge must be duly motivated and notified to the Executive Commission
as well as brought to the knowledge of the challenged arbitrator, who can resign
or reject the challenge while submitting to the Executive Commission of the
Chamber a motivated statement of rejection within 10 days from the date on which
he was notified of the challenge. Should the arbitrator reject the challenge,
the Executive Commission (or a special Commission composed of one or more member(s)
appointed by the Board of Directors, in the case that the challenged arbitrator(s)
is (are) member(s) of the Executive Commission) will decide by a motivated decree,
and proceed to the substitution if the challenge is upheld. The arbitration
proceedings are suspended to any effect from the date on which the arbitrator
has been notified of the challenge until the date on which the parties are notified
with the decree.
8.
After the arbitration proceedings are definitely set
up, and particularly after the parties are given notice of the designation of
the sole arbitrator or of the Umpire or of the appointment or designation of
the Arbitrator-Chairman of the panel, the arbitrators, having acknowledged the
statement of claim as well as the statement of defence, if any, may invite the
parties:
(a) to submit their memoirs in writing,
(b) to exhibit any document that the arbitrators hold as relevant for the decision,
(c) to reply in writing and under the signature of the responding party to interrogatories
submitted by the adverse party or prepared "ex officio" by the arbitrators,
(d) to adduce an affidavit rendered under oath in front of a public notary,
or simply a statement in writing made under oath, by any third party who has
personal knowledge of the facts in dispute.
Arbitrators may invite the parties to appear personally before them and also
proceed to question directly any third party as a witness.
In case of necessity, arbitrators may also request the advice of any expert
particularly conversant with technical matters.
Each party may appear and plead personally in front of the arbitrators or duly
empower a representative or a lawyer and may also be assisted by any other person
of his own choice in the quality of expert or counsel.
During the period of preliminary examination, the parties are also at liberty
to submit conclusive memoirs or other written statements, to be previously sent
to the adverse party and to the arbitrators, and filed with the Secretariat
of the Chamber.
When deemed necessary or opportune by the Executive Commission, a party may
be invited to elect domicile at the office of a barrister or a sollicitor adhering
to the Bar of the Court of Appeal of Monaco and afterwards all the notifications
and communications provided for by the present Rules or ordered by the arbitrators
or by the Officers of the Chamber to the said party will be sent there.
As soon as the inquiry is at an end, or, in any case, when the arbitrators hold
that the dispute is ready to be adjudged, they shall fix a date for their final
meeting and the parties will be given notice of such meeting by the Secretariat,
at least 30 days before the fixed date. Parties may then request that the final
meeting be preceded by an oral discussion. The relevant request for the hearing
must reach the adverse party in his domicile and the Secretariat of the Chamber
not later than 10 days from the date on which the party has been notified of
the date of the final meeting.
The arbitrators are not obliged to meet and to deliberate
in the Principality of Monaco. Their meetings may be held in the most convenient
location. However, after each meeting, minutes will be drawn up, signed and
sent to the Secretariat of the Chamber. The arbitrators will also send to the
Secretariat copies of all correspondence concerning the arbitration in process
that has been exchanged between them outside theiir meetings.
Travel expenses of an arbitrator residing outside of Monaco will be reimbursed
to the arbitrator by the appointing party for an amount approved by the Executive
Commission and through the Treasurer of the Chamber, i.e. by remittances made
by the party to the bank account of the Chamber, mentioned above. The expenses
of the Arbitrator-Chairman or the sole arbitrator will be reimbursed in proportion
of one half by the plaintiff and one half by the defendant.
Whenever an arbitrator fixes a hearing with the aim to question witnesses directly,
the party who has adduced them must also reimburse them with their travel expenses;
in case that a witness has been called "ex officio" by the arbitrators
to render his deposition, the same must be reimbursed by that party that the
arbitrators have charged in their order with the relevant cost.
10.
Arbitrators must issue their award not later than 6
months from the date on which parties were given notice of the designation of
the sole arbitrator or of the Umpire or of the Arbitrator-Chairman of the panel.
Such delay may be prolonged by resolution of the Executive Commission, taking
into account all relevant circumstances, until a maximum of 12 months. Parties
are at liberty of agreeing on granting a further extension.
In the event of prolongation or in view of the particular difficulty or complexity
of the dispute and/or the proceedings, the arbitrators may request, and the
Executive Commission may allow, a supplement to the amount provided for their
fees in the yearly tariff and already advanced by the parties as above. The
same will apply in the event of supplementary costs engaged or to be engaged
during the course of the proceedings, that would exceed the amount of the provision
on costs already deposited. The parties charged with this supplement must provide
for the relevant remittances, on the above-mentioned account, within 15 days
from the date on which they were given notice of the resolution by the Secretariat.
In default of payment of the supplement, proceedings will be suspended, unless
one of the parties would also provide for the remittance on behalf of the defaulting
party, under reserve of his right to recover these costs pursuant to the final
assessment.
11.
Whenever, according to sec. 2 and 19 of the Statutes,
the arbitrators have been appointed in an even number and entrusted with the
task of settling the dispute "pro bono et aequo" as "amiables
compositeurs", that is to say in their quality of joint agents of the parties
for the settlement, should the said "compositeurs" not agree as to
the settlement within the delay of 3 months from the date on which the statement
of defence was filed in the Chamber, they must proceed within a further delay
of 1 month to appoint an Umpire, or in the event that each of the "compositeurs"
has been confirmed in his duty as ordinary arbitrator by the party who had previously
appointed him as a "compositeur", to appoint another Arbitrator-Chairman
of the panel.
Should an agreement not be reached on the nomination of the Umpire or the Arbitrator-President,
the said appointment will be done automatically by the Executive Commission,
at latest one month after the Secretariat has been informed of the above deliberations.
The umpire or panel will come to a decision concerning the issue within a delay
of 6 months from the above nomination or designation, except for what provided
in Rule 9.
12.
The arbitrators will adjudge on the merits while applying
the convenient substantial law according to the principles of the Private International
Law and particularly to the law of conflict that they hold as the most appropriate
to the case, or the International Conventions and other Uniform Law ruling the
matter, unless the parties have indicated in the arbitration clause or agreement
the substantial law that must be applied to the merits. In any case, the arbitrators
must bear in due consideration all terms and conditions agreed by the parties
in their contract, as well as the Conventions and the international and domestic
usages that are deemed to be relevant on the case, including Gold Clause Agreements
and all other agreements on the liability of shipowners and sea-carriers.
13.
Before issuing respectively their award or their settlement,
the sole arbitrator or the Umpire or the Chairman of the panel, as well as the
"amiables compositeurs" must submit to the Executive Commission for
verification and approval the definite amount of the fees and particular expenses
to be attributed to the consulted experts.
The award (or the settlement) must be drawn up in writing
and signed by all the arbitrators in so many originals as the number of the
parties that must be notified of the award (or settlement), plus one original
to be recorded in the Chamber.
The award (or settlement) must contain:
- the names of the arbitrators,
- the names and full addresses of the parties and their addresses or elected
domiciles in the Principality of Monaco,
- an indication about the claims and counter-claims brought by the parties,
- a summary of facts as verified and ascertained,
- the grounds in fact and in law (or "pro bono et aequo", if the parties
have given their consent in this connection) upon which the arbitrators, unanimously
or by majority, have based their award (or on which they have unanimously agreed
to settle), - the summing up of the adjudgement (settlement) and its date.
Arbitrators must also decide in the award (or settlement) on the final assessment
of fees and disbursements for defence (including the fees and expenses advanced
to arbitrators, the administrative costs advanced to the Chamber, the fees and
disbursements attributed to experts as above), while specifying the total amount
that the losing party(ies) must forthwith pay to the successful party(ies) or
the grounds whereupon the arbitrators hold that the said costs should be totally
or partially set off between the parties.
15.
The originals of the award (or settlement) must also
be countersigned by the President (or Vice-President) and by the Secretary of
the Chamber and recorded by the Secretariat; each of the parties who filed an
appearance in front of the Chamber will receive an original by registered letter
to be sent to his address or to his elected domicile in the Principality of
Monaco.
16.
Every other notice that must be given by the Chamber's
officers to the parties, even if not provided for by these Rules, shall be made
to the parties, to their address as declared per Rules 2 and 3 or to their elected
domiciles in Monaco.
17.
Each award (or settlement) issued by the arbitrators
in this Chamber will be final and binding and having the ordinary force of a
contract made between the parties with an aim at resolving (or settling) the
matter in dispute and as such will thoroughly engage the liability of each party
who had accepted that the case should be submitted and settled in front of the
Chamber. It pertains to parties to proceed to enforce the said awards (or settlements)
in every place where it is possible. Upon particular request, a party may be
supplied at his address or elected domicile by the Secretariat with a copy of
the award (or settlement) duly certified by a public notary in Monaco.
The Chamber reserves its liberty to edit or diffuse
otherwise all issued awards, save that the names of parties and/or of vessels
should be crossed out upon a request of any interested party that must reach
the Secretariat not later than 30 days after the original of the award (or settlement)
has been received as above by the same party.
19.
Statements of claim and of defence, applications, appointments,
memoirs and all the written evidence adduced by the parties may be drafted in
any language other than French, English, Italian and Spanish, but the Executive
Commission, the arbitrators and the opposing party(ies) are at liberty to require
that the submitting party should care for a translation into one of the four
official languages of the Chamber.
Designations, minutes, orders, notices, awards, settlements will be written
in that language, among the four official languages of the Chamber, that the
arbitrators or the Executive Commission or the Secretariat decide that must
be adopted in each particular case.
Should the decision or transaction be written in a language other than French,
the Executive Commission will insure that an official translation into French
is drawn up, to be reviewed, approved and signed by the President and Secretary-Treasurer,
and attached to each of the originals.
20.
All delays imposed to parties or arbitrators and "compositeurs"
cannot be prolonged but upon the approval of the Executive Commission. All delays
provided for the accomplishment of duties pertaining to the Executive Commission,
to the Secretariat and all other officers of the Chamber are merely indicative.
N.B.: The French text of both the Statutes and Arbitration
Rules will be the only conclusive in case of discrepancy or difficulty in their
interpretation.
All the disputes arising from this contract shall be decided
in the Monaco Chamber of Maritime Arbitration by a sole arbitrator or by a panel
of arbitrators according to the Statutes and the Arbitration Rules of the Chamber,
to the full extent of which the contracting parties submit themselves hereby.
The merits of the dispute shall be decided through the application of the substantive
law.
The decision will be considered as final and fully binding all the contracting
parties.
B)
All the disputes arising from this contract shall be
settled in the Monaco Chamber of Maritime Arbitration by arbitrators "amiables
compositeurs" who will settle the dispute "pro bono et aequo"
according to the Statutes and the Arbitration Rules of the Chamber, to the full
extent of which the contracting parties submit themselves hereby.
Should the arbitrators-"amiables compositeurs" not agree on the settlement
of the dispute, the same will be decided through the application of the ......................
substantive law by an Umpire or a panel of arbitrators, according to the same
Statutes and Arbitration Rules of the Chamber.
The settlement or the decision will be considered as final and fully binding
all the contracting parties.
(*) N.B.: - Whenever Italian physical subjects or legal entities are interested
in this contract, it is strongly advisable - with regards to a particular Italian
case-law on the matter - that the clause be severally undersigned by all the contracting
parties.
Siège
Social et Secretariat
"Gildo Pastor Center" Building
7, Rue du Gabian
MC98000 Monaco Tel. +377 93 10 00 52 - Fax +377
93 10 00 55
e-mail: info@arbitragemaritimemonaco.com
