Constitution of the Arbitral Tribunal - Article 21 - Chamber of Arbitration of Milan Rules: A Commentary

Author(s):

Alberto Malatesta

Page Count:

8 pages

Media Description:

PDF from "Chamber of Arbitration of Milan Rules: A Commentary"

Published:

April, 2012

Jurisdictions:

Italy,

International

Practice Areas:

Arbitrators and Arbitral Tribunals,

Statement of Claim and Defense/ Counterclaims/ Set-Offs

Author Detail:

ALBERTO MAZZONI is a Graduate summa cum laude from the University of Pisa Law School in 1965 and received a Master of Comparative Law degree from the University of Chicago Law School in 1966.

His professional experiences included working with Cohen & Meyohas, Paris (1968-1970), White & Case, New York (1971-1973), Studio Legale Ardito, Rome and Milan (1974-1991), whereafter he founded the law firm Mazzoni e Associati, with offices in Milan and Rome, of which he continues to be the senior partner. After teaching business law, business law and comparative law in the Universities of Pisa, Genoa and Sassari, in 1991 he was called to the chair of Professor of Commercial Law at the Catholic University of Milan, a position that he still holds together with the teaching of International Trade Law. Among his numerous public service appointments, special mention may be made of his frequent mandates as head of the Italian Delegation at UNCITRAL sessions. Moreover, since March 2011, he serves as President of the Governing Council of UNIDROIT. He is the author of several legal essays and articles and co-director of law reviews and other legal series.

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Description:

Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 21 – CONSTITUTION OF THE ARBITRAL TRIBUNAL

1. The Secretariat shall transmit the request of arbitration and the statement of defence to the arbitrators, together with all annexed documents, when the advance payment is made.

2. The arbitrators shall constitute the Arbitral Tribunal within thirty days from receipt of the briefs and documents forwarded by the Secretariat. The Secretariat may extend the time limit for justified reasons.

3. The constitution of the Arbitral Tribunal shall take place by written minutes, dated and signed by arbitrators, setting further steps and time limits to conduct the proceedings. 4. Where an arbitrator is replaced after the Arbitral Tribunal is constituted, the Secretariat shall transmit the briefs and documents of the proceedings to the new arbitrator. The new Arbitral Tribunal shall be constituted pursuant to paragraphs 2 and 3.

1. The meaning of the constitution of the Tribunal

The constitution of the arbitral tribunal is an important step in any arbitration proceedings. The CAM Rules lay down a general rule devoted to the constitution according to which it takes place within thirty days from the receipt of the briefs and the documents by the Secretariat (art. 22.2) and by written minutes dated and signed by arbitrators (Art. 22.3).

Table of Contents:

1. The meaning of the constitution of the Tribunal
2. The transmission of the file to the Tribunal
3. The constitution of the Tribunal by written minutes: process and aims
4. Procedural timetable and case management
5. The re-constitution of the Tribunal after the replacement of an arbitrator.