Filing and Sending of the Acts - Article 6 - Chamber of Arbitration of Milan Rules: A Commentary

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Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 6 – FILING AND SENDING OF THE ACTS

1. The parties shall file briefs with the Secretariat as follows:
one original for the Chamber of Arbitration and one for
each party, plus as many copies as there are arbitrators.
Any attached documents shall be filed in one copy for the
Chamber of Arbitration, one copy for each party and as
many copies as there are arbitrators.
2. The Secretariat shall send notices intended for them to
parties, arbitrators, experts and third parties by registered
mail, courier, e-mail or by any other appropriate means
allowing for a formal proof of delivery.

1. Introduction and Due Process
The present article deals with the practicalities connected to the filing
and exchanging of briefs in arbitration proceedings to be carried out
under the CAM Rules.
The activities required under Article 6 are somehow reflective of the
need to allow all parties in dispute with a fair chance to defend themselves.
While there can be no doubts about the fact that due process is a
fundamental element of any means of dispute resolution, it is often
debated whether nature and characteristics of arbitration, and especially
international arbitration,2 should lead to a qualified application of due
process principles.

Table of Contents: 

SUMMARY: 
1. Introduction and Due Process. 
2. First Paragraph. 
3. Second Paragraph: scope of application. Means and place of delivery.

Author Detail: 

DOMENICO DI PIETRO is admitted to practice in Italy and in
England and Wales. Domenico is active in the field of commercial and
investment arbitration. He has also acted in CAS arbitrations at the
Athens and Beijing Olympics. Domenico frequently serves as an
arbitrator. He lectures International Arbitration at the University of Rome
“Roma Tre” and has published widely on that subject. He is a member of
Arbit and the Worshipful Company of Arbitrators. Domenico holds a JD
from “La Sapienza”, Rome and an LLM from Queen Mary, London. He
is a Fellow at New York University. He is currently Senior Associate at
Freshfields Bruckhaus Deringer in Milan.