Originally From:
Chamber of Arbitration of Milan Rules: A Commentary - Hardcover
Chamber of Arbitration of Milan Rules: A Commentary - PDF
ARTICLE 17 – ACCEPTANCE BY ARBITRATORS
The Secretariat shall inform the arbitrators of their
appointment. Within ten days of receiving this notice, the
arbitrators shall give notice of their acceptance to the
Secretariat.
1. The communication of the appointment by the Chamber
1.1. The communication of the appointment and its acceptance take
place directly between the Chamber of Arbitration and the arbitrator.
Usually, each party appoints an arbitrator as a member of the arbitral
tribunal in the request for arbitration and in the statement of defence,
respectively. Then the Secretariat informs the arbitrators of their
appointments. Therefore, the arbitrators receive the first communication
from the CAM and not from the party that appoints him/her.
1.2. The direct communication implies that the CAM is, since the
appointment, the communication centre between the parties and the
arbitrators, as it is consistent with Article 9 of the Code of Ethics for
Arbitrators attached to the CAM Rules which provides that the arbitrator
shall refrain from all unilateral contacts with the parties or their counsels
in the entire course of the proceedings.
However, an informal interview of the party with ‘its own’
arbitrator could normally occur before the beginning of the
proceedings. This unexceptional situation in itself cannot incur censure
and cannot lead to the automatic removal of the arbitrator.
Nevertheless, it must be a general inquiry about the arbitrator’s
availability and competence in the issues of the dispute and it must not
be an examination of facts and circumstances or a discussion on the...
SUMMARY:
1. The communication of the appointment by the Chamber.
2. The acceptance and the starting date to render the arbitral award.
3. When an arbitrator is deemed to be appointed.
4. The contractual relationships in CAM arbitrations.
5. Non–acceptance.
6. The acceptance as duty of availability and competence.
RINALDO SALI is Deputy Secretary General of the Chamber of
Arbitration of Milan. His main area of activities is arbitration, mediation
and other ADRs management. He is author of several books and papers
on issues of arbitration and speaker in domestic and international
conferences and seminars on arbitration and mediation. He lectures in
arbitration at the State University of Bologna and Milan.
