法国巴黎海事仲裁委员会仲裁规则英文本
Arbitration Rules of the Maritime Arbitral Chamber of Paris
ABSTRACTS of the ARBITRATION RULES of the CHAMBRE ARBITRALE
MARITIME de PARIS
Article IV : Reference to the Chambre and periods of time
for filing of submissions
The Chambre Arbitrale Maritime becomes seized of an
arbitration by a request for arbitration made by the claimant,
explaining briefly the object of the arbitration and identifying
the defendant(s). The receipt of such a request by the Chambre
Arbitrale Maritime validly interrupts any limitation period
provided by law or by the contract.
....If the statement (of the claimant's case ) does not
accompany the request, it must be sent to the secretariat of the
Chambre Arbitrale Maritime within two months of receipt by the
claimant of the letter acknowledging receipt of his request.
Upon the filling of the request for arbitration, the payment on
account of the deposit is due from the claimant.
....The secretariat of the Chambre Arbitrale Maritime shall
convey to each defendant a copy of the request and of the
statement, with a request to submit within two months from the
date of receipt of this statement.......their statementof
defence (and counterclaim if need be).
Article V : Precautionary notices
When the claimant has expressely stated that, for the time
being, his request for arbitration is formulated for
precautionary purposes, for a specified reason :
- From the deposit of such a request, which in order to be
registered must be compulsorily accompanied by the payment on
account, must concisely state the subject of the dispute and, if
possible, quantify it subject to adjustment - the Committee of
the Chambre shall appoint a sole arbitrator who is to remain in
contact with the parties and to settle any possible dispute
concerning the nature and validity of the request, taking any
necessary decisions contradictorily, in particular upon the
necessity for a postponement of any determination....
- The defendant or defendants, who shall be immediately
informed of the claim, are not required to provide their defence
submissions....
- time for recommencing proceedings : a precautionary
request will be declared by the arbitrator as finally abandoned
if the claimant shall not, within two years after the
registration of the request, have appointed his arbitrator and
provided his statement of case within this period, or provided
to the arbitrator appointed to follow the procedure all that
might be necessary to allow that arbitrator to grant a
postponement of the determination.
Where proceedings are resumed at the request of one of the
parties, they shall be conducted in accordance with articles IV
and VI....
Article VI : Number and methods of appointing arbitrators
1 - Disputes under the jurisdiction of the Chambre Arbitrale
Maritime shall be settled by a sole arbitrator or by a three-
members Tribunal.
2 - When the parties have agreed that the dispute be settled
by a sole arbitrator, they may mutually agree upon the
appointment of an arbitrator....
Failing agreement between the parties on the appointment of
a sole arbitrator......The appointment of a sole arbitrator
shall be made by the Committee....
3 - If the parties have not agreed upon the appointment of a
sole arbitrator, three arbitrators shall be appointed. In such
case each party shall appoint an arbitrator.....
The Committee shall appoint the third arbitrator....
Article X : Jurisdiction of the arbitrators
The arbitrator or arbitrators shall be judges of the
competence of the Chambre Arbitrale Maritime and of whether it
is validly seized of a matter...
Article XII : Powers and deliberations of arbitrators
The arbitrator or arbitrators shall decide on the facts and
the law in relation to the matters referred to them, by a
majority if necessary; they shall have power to act as amiables
compositeurs if the parties expressly so agree.
Article XIII : Arbitration fees and expenses
The Secretariat of the Chambre Arbitrale Maritime shall
indicate the amount of the deposit which, according to the
tariff attached to the present rules, the parties will be
required to pay in equal shares to the Chambre, within thirty
days following the notice fixing the amount of the deposit.
Article XV : Second degree examination
1-When the main claim which is submitted to the Chambre
Arbitrale Maritime by the claimant exceeds Euros., each
party to the award, including that which failed in the first
instance proceedings, may request a second degree examination of
the case, if the award which is delivered has brought the case
to an end .
2- The applicant for a second degree axamination shall apply
to the President of the Chambre Arbitrale Maritime by registered
letter to be sent within thirty days from the notification made
to him of the first instance award. He shall, within the same
period, deposit with the Secretariat an amount equal to the
total deposit payment fixed for the first instance proceedings,
calculated normally on the basis of a three arbitrators
Tribunal.....Failure to make the application and to effect
payment of the deposit within the time limit allowed constitutes
a dismissal of the case from the second degree examination.
