Originally From:
Chamber of Arbitration of Milan Rules: A Commentary - Hardcover
Chamber of Arbitration of Milan Rules: A Commentary - Electronic
1. The arbitral proceedings shall be governed by the Rules, by
the rules agreed upon by the parties up to the constitution
of the Arbitral Tribunal if consistent with the Rules, or, in
default, by the rules set by the Arbitral Tribunal.
2. In any case, mandatory provisions which are applicable to
the arbitral proceedings shall apply.
3. In any case, the principles of due process and equal
treatment of the parties shall apply.
1. Introductory remarks: recognition of the parties’ autonomy
1.1. The reference to “rules applicable to the proceedings” refers only
to the rules applicable to the proceedings conducted before the
arbitrators; are therefore set aside the rules governing the relations
between arbitrator and state judge, either during the arbitration
proceedings or after the proceedings have come to an end. The principle,
with respect to the rules applicable to international arbitration
proceedings, is one of autonomy of the parties, who are not subject to the
application, in the course of the arbitration proceedings, of the local rules
implemented for proceedings before the state courts,1 although the law
applicable at the location of the seat of the arbitration may in some cases
be applicable.
SUMMARY:
1. Introductory remarks: recognition of the parties’
autonomy.
2. The reference to arbitration rules.
3. Presumed
completeness of arbitration rules and model-clause
4. Specific rules
added by the parties: a principle of freedom, but a necessity for
consistency
5. Residual role of the Arbitral Tribunal
6. Double
limitation of the autonomy of the parties and of the freedom of the
arbitrators –
7. Mandatory provisions applicable to the arbitral proceedings
8. The principles of due process and equal treatment of the parties.
CHARLES JARROSSON is a former Member of the Arbitral Council
of the Chamber of Arbitration of Milan and is Professor at the University
of Paris II Panthéon-Assas where he teaches Arbitration and ADR and
manages the post-graduate Master Litigation, Arbitration & ADR. He is
also a visiting professor in various foreign universities, especially in
Lebanon. He is editor in chief of the Revue de l’arbitrage. As an
arbitrator he has a great experience in arbitration proceedings, ad hoc or
institutional (ICC, ICSID, Chamber of Arbitration of Milan…) held in
Italian, English and French. He also has experiences in mediation and
other ADRs.
