Scope of the Application - Article 1 - Chamber of Arbitration of Milan Rules: A Commentary

Author(s):

Andrea Carlevaris

Page Count:

14 pages

Media Description:

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

Published:

April, 2012

Jurisdictions:

Italy,

International

Practice Areas:

Applicable Law,

Applicable Conflict-of-Laws System,

Commencement of Arbitral Proceeding,

Agreement to Arbitrate,

CAM

Author Detail:

ANDREA CARLEVARIS is a Partner at Bonelli Erede Pappalardo law firm in Rome. His practice focuses on international arbitration and private and public international law. He has acted as counsel and as an arbitrator in numerous international arbitrations, both ad hoc and institutional, including proceedings under the Rules of the ICC and ICSID. He holds a doctorate in International Law from the University of Rome. From 1999 to 2003 he was Counsel at the Secretariat of the ICC International Court of Arbitration. He is a member of the ICC International Court of Arbitration, of the ICC Commission for International Arbitration, of the Steering Committee of the International Arbitration Commission of UIA (Union Internationale des Avocats), of the Board of AIA (the Italian Association for Arbitration) and of the Editorial Board of the Rivista dell’Arbitrato. He is one of the founders of ArbIt, the Italian forum on international arbitration and ADR. He regularly lectures at several Italian universities. Recognized as one of the top 45 international arbitration lawyers under the age of 45 (45 under 45) by Global Arbitration Review, Andrea Carlevaris is the author of a monograph on interim measures in international arbitration (La tutela cautelare nell’arbitrato internazionale, Padova, 2006) and of numerous articles and notes on arbitration and international law.

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Description:

Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 1 - SCOPE OF THE APPLICATION

1. The Rules shall apply where so provided by the arbitral clause or other agreement between the parties, however expressed. A reference in the agreement to the Chamber of Arbitration of Milan or to the Chamber of Commerce of Milan shall be deemed to provide for the application of the Rules.

2. Apart from paragraph 1, the Rules shall apply where:

(a) a party files a personally signed request for arbitration proposing arbitration under the Rules;

(b) the other party accepts this proposal by a personally signed statement within the time limit set by the Secretariat.

1. Overview

1.1. Article 1 of the Rules, which was not amended during the latest revision, deals with the scope of application of the Rules. It stipulates that for the Rules to apply, the parties must have agreed to arbitration under the Rules, or to an arbitration administered by the Chamber.

1.2. The parties’ right to defer disputes to a set of pre-established arbitration rules is expressly recognised by numerous arbitration statutes, including Art. 832 of the Italian Code of Civil Procedure, which was introduced in Italy by the 2006 reform of arbitration law.1 Once the parties have agreed to arbitrate under the Rules, the agreement is binding, and can only be withdrawn by the mutual consent of the parties.

Table of Contents:

1. Overview.
2. The Reference to the Rules.
3. The Reference to the Institution.
4. The Agreement Subsequent to the Commencement of the Proceedings.
5. Comparison to Other Arbitration Rules.