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

Author(s):

Domenico Di Pietro

Page Count:

14 pages

Media Description:

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

Published:

April, 2012

Jurisdictions:

Italy,

International

Practice Areas:

Agreement to Arbitrate,

Contents of Arbitration Agreement,

Requirement of Written Form,

CAM,

Basic Standards of Due Process

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.

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Description:

Originally from 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:

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