Time Limits - Article 7 - Chamber of Arbitration of Milan Rules: A Commentary
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.
Originally from Chamber of Arbitration of Milan Rules: A Commentary
ARTICLE 7 – TIME LIMITS
1. The expiration of a time-limit set by the Rules or by the Arbitral Council, the Secretariat or the Arbitral Tribunal shall not entail a lapse of a party’s rights, unless so determined by the Rules or by the order setting the said time-limit.
2. The Arbitral Council, Secretariat and Arbitral Tribunal may extend a time limit they have set before it expires. Time-limits that entail lapse of rights may be extended only for justified reasons or by agreement of all parties.
3. The initial day shall be excluded from the calculation of time-limits. Where the date of expiry falls on a Saturday or on an official holiday, it shall be extended to the first subsequent working day.
1. Expiration and extension of time-limits
The provisions under the first Paragraph are an interesting feature of the CAM Rules.1 Pursuant to such provisions, the expiration of a time-limit set by the Rules or by the Arbitral Council, the Secretariat or the Arbitral Tribunal does not by itself entail a lapse of a party’s rights under the Rules. This, of course, is subject to either the Rules or the order setting the said time-limit providing for the contrary. Therefore, while the Rules would expect all relevant parties to comply with time-limits applicable to them, failure to do so would not automatically entail the lapse of a procedural right.
1. Expiration and extension of time-limits.
2. Calculation of time-limits. A Comparative analysis.