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Introduction to the Chapter VI - Chamber of Arbitration of Milan Rules: A Commentary

Author: Benedetta Coppo
Page Count: 6
Published: April 2012
Media Desc: PDF from "Chamber of Arbitration of Milan Rules: A Commentary"
File Size: 128 KB

Originally from:
Chamber of Arbitration of Milan Rules: A Commentary - Hardcover
Chamber of Arbitration of Milan Rules: A Commentary - Electronic

Introduction to the Chapter VI

Arbitration is a form of private justice that the parties pay for. It
originates from a contractual agreement that binds the parties and the
arbitrators. Where arbitration is administered, then a third player comes
in and is tied by the agreement, that is to say the institution.1 The parties
undertake an obligation by signing the arbitration agreement, whose
consequent contractual commitments mainly consist in conducting the
case according to the selected rules and paying the costs for the services
rendered by the arbitrators and the institution. As for the institution and
the arbitrators, their obligations rise respectively when accepting (i) the
request for arbitration for the institution, and (ii) the appointment for the
arbitrators. By so doing, the institution they undertakes to (i) administer
the case, whereas the arbitrators undertake to render the award according
to the rules agreed upon by the parties. As we said, the parties undertake
to pay both the institution and the arbitrators for their services: the parties
advance the costs of the arbitration to the institution, which fixes and
collects both its own costs and those of the arbitrators, according to the
rules chosen by the parties. The institution’s activity on the costs is part
the services that the parties pay for, even when it acts on behalf of the
arbitrators, while the contractual relationship upon which it relies
remains between the parties and the arbitrators directly.
The Chamber of Arbitration of Milan (CAM) administers the costs of
the proceedings on an ad valorem basis, which results from the value of
the claims related to the number of arbitrators. Such a system of
administration is shared by other institutions,2 while the CAM applies no
hourly rate arrangement.3 The Rules aim at granting the parties with
predictable costs,4 providing for an efficient economical administration of
the case, and avoiding any undue pit-stop.5 At the same time, the Rules’
purpose is to give the parties access to arbitration6 at reasonable costs,7 as
well as to protect the arbitrators’ right to be paid for the work done.8

Author Detail

BENEDETTA COPPO is Head-officer in charge of the Arbitration
Department of the Milan Chamber of Arbitration. She has been
administering more than 150 arbitrations, both domestic and
international, in English, French and Italian. She coordinated and took
part in the 2010 revision of the Rules of the CAM on behalf of the
Secretariat. Benedetta pens articles and speaks at conferences and
training courses on institutional arbitration, in Italy and abroad. She has
been Italy country-reporter for “ITA Arbitration Report” since 2006, and
has led the four editions of the “Milan pre-Moot”, preparatory to the
“Willem C. Vis Arbitration Moot”.

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