Venezuelan Business Center of Conciliation and Arbitration (VEN BCCA) - National Arbitration Institution Report - World Arbitration Reporter (WAR) - 2nd Edition

Author(s): 

Anna Maria Wenzel

Page Count: 

14 pages

Media Description: 

1 PDF Download

Published: 

November, 2014

Jurisdictions: 

Venezuela

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Description: 

Originally from World Arbitration Reporter (WAR) - 2nd Edition

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I. BASIC INFORMATION

A. History and Background of the Institution

 

The Business Center of Conciliation and Arbitration is a

nonprofit civil association, founded in 1999, dedicated to the

promotion of the Conciliation and the Arbitration as alternative

methods of economic and effective dispute resolutions, in a national

and international law context. The BCCA is an independent center,

linked to the Venezuelan-American Chamber of Commerce and

Industry (VenAmCham), to which natural or legal persons, public or

private individuals to resolve their trade disputes. The Direction and

Management of BCMA is entrusted to the Board of Directors.

 

The BCCA (CEDCA) is known for its arbitral procedure which

includes a previous conciliatory face, precautionary measures

unheard of, the arbitrators method selection is by mutual agreement

of the parties, and failing agreement it would be designated by the

BCCA Directory, the award is subject of previous presentation,

unless otherwise agreed, establishes an expedited procedure for

demands of less amounts.

 

B. Model Clause

 

The BCCA (CEDCA) suggests the adoption of any of the following

instruments to institute, encourage, and assure the use of Arbitration

as a means of resolving controversies.

 

1. Special recommendations

 

BCMA (CEDCA) recommends that the parties be very careful at

the moment that they draft the Arbitration Clause, because an

ambiguous or confusing text may cause delays that may hinder the

Arbitration process or even invalidate the Arbitration agreement.

 

The use of BCMA (CEDCA´S) basic model clause is recommended,

preferably without introducing additional elements that could

distort its contents.

 

Additionally, BCMA (CEDCA) highlights the importance that the

parties be assured that the person signing the arbitration clause or

the contract has the express power to obligate an arbitration

process, since the delegation of authority for such effects is not

implicit in the clause and cannot be inferred from the interpretation

of the range or scope of the power or faculties normally granted to

legal representatives.