1. Timetable for the proceedings
1.1. One of the first tasks of the sole arbitrator or the arbitral tribunal is to set a timetable for the proceedings (Art. 16, Par. 3 of the Rules).
It is important to remember in this respect that the parties, and in particular companies, turn to arbitration because it allows them to obtain a decision more quickly than with normal legal proceedings. Even so, it is not unusual for parties to complain about the length of arbitration proceedings.
It is therefore essential that arbitrators ensure the timetable has short timescales which are adhered to rigidly.
Any request for an extension submitted to the CEPANI secretariat should be justified in detail.
1.2. The CEPANI secretariat regularly informs the parties of any decision by the arbitrator or arbitral tribunal which will affect the duration of proceedings (timetable for the proceedings, request for a postponement or extension, etc.).
1.3. The parties should be strongly urged to participate in finalising the timetable for the proceedings and to sign the terms of reference.
Some arbitrators are required to apply VAT to their fees, whereas others are exempt.
CEPANI is willing to recover VAT when the arbitrator indicates that he or she is subject to VAT within the first month of being assigned. If the arbitrator does not do so, he or she will have to claim the VAT payable directly from the parties.
The CEPANI secretariat is not responsible for doing so if only informed of the requirement to pay VAT during or at the end of arbitration proceedings.
3. Arbitration expenses
When the arbitrators have agreed on the award, each arbitrator should notify the CEPANI secretariat immediately of the amount of arbitration expenses incurred personally (administration, transport, hotel costs, etc.).
At the same time, the Chairman of the arbitral tribunal informs the CEPANI secretariat of the cost collectively incurred by the arbitral tribunal (translation costs, room hire, etc.).
4.1. An advance payment is set by the CEPANI secretariat in line with the fees and administrative costs to be paid in line with the magnitude of the arbitration request according to the scale annexed to the CEPANI Rules.
The arbitrator is only appointed once the entire advance has been paid.
If, in the course of the arbitration activities, it becomes apparent that the amount requested by the parties no longer meets the initial amount at stake in the dispute, the sole arbitrator or chairman of the arbitral tribunal must ask the CEPANI secretariat to readjust the advance payment. Arbitrators should therefore not wait until the end of the proceedings to ask for the sum to be adjusted if so required.
The parties are only notified of the award once the entire payment has been paid. Any delay in communicating information enabling an increase in the initial advance payment will result in a delay in notification of the award.
4.2. When the amount claimed by the parties has not been specified, the first task of the arbitrator or arbitral tribunal is to quantify this sum.
4.3. When there is an arbitral tribunal, the chairman receives 40% of payment made, after deducting administrative expenses and arbitrator’s expenses (administration, etc.), and the other arbitrators 30%.
If another arrangement has been made by the arbitrators, the CEPANI secretariat should be notified of this.
4.4. In the event of an amicable agreement being reached by the parties before the end of the proceedings, the amount of the advance payment to be made to the arbitrators and that refunded to the parties depends on the work already carried out by the arbitrators.
This amount is determined by the CEPANI secretariat.
4.5. If, in the course of the proceedings, it becomes apparent that the dispute is particularly complex, the arbitrator or the chairman of the arbitral tribunal may notify the CEPANI secretariat, which will examine the possibility of requesting an additional advance payment.
5.1. The sole arbitrator or the chairman of the arbitral tribunal informs the CEPANI secretariat of each ruling from the proceedings. The Secretariat then sends a copy to the parties.
5.2 The parties are informed of the award exclusively by the CEPANI secretariat.
The arbitrators should therefore neither notify the parties of the award nor even give a date on which the parties will be informed of the award.
When notification is given, the CEPANI secretariat asks the parties if they would like the award to be deposited at the Registry of the Court of First Instance of the place where the award was given.
Once proceedings with the arbitrator or arbitrators commence, the arbitrator(s) must ask the parties to provide the following details: name, capacity and address of the person, and the telephone number, fax and e-mail address which may be used for correspondence.
This is especially relevant when the parties are trading companies.
This information should be forwarded to the CEPANI secretariat immediately.
7. Arbitral tribunal
When several arbitrators are assigned to take cognisance of a specified dispute, all correspondence with the CEPANI secretariat takes place exclusively through the chairman of the arbitral tribunal.
The chairman or the sole arbitrator may question the CEPANI secretariat on the practicalities for carrying out arbitration proceedings, or even on the legal interpretation of certain provisions in the CEPANI Rules.
8. Arbitral awards
8.1. The sole arbitrator or the chairman of the arbitral tribunal should submit a number of copies of the award duly signed and dated to the CEPANI secretariat; this number shall correspond to the number of parties involved.
8.2. Furthermore, to facilitate the safekeeping of the awards given pursuant to CEPANI arbitration proceedings, the sole arbitrator or the chairman of the arbitral tribunal must submit the award on diskette to the CEPANI secretariat.