Venezuelan Business Center of Conciliation and Arbitration (VEN BCCA) - World Arbitration Reporter - Second Edition
Originally from World Arbitration Reporter - Second Edition
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.