Article 23 Terms of Reference

Geldend

Documentgegevens:

Geldend vanaf 01-01-2012

Redactionele toelichting: De datum van publicatie en de datum van afkondiging zijn de datum van inwerkingtreding.
Bronpublicatie:: 01-01-2012, Internet 2012, www.iccwbo.org (uitgifte: 01-01-2012, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-01-2012
Bronpublicatie inwerkingtreding:: 01-01-2012, Internet 2012, www.iccwbo.org (uitgifte: 01-01-2012, kamerstukken/regelingnummer: -)
Vakgebied(en): Burgerlijk procesrecht / Arbitrage
Staatsrecht / Rechtspraak

1)

As soon as it has received the file from the Secretariat, the arbitral tribunal shall draw up, on the basis of documents or in the presence of the parties and in the light of their most recent submissions, a document defining its Terms of Reference. This document shall include the following particulars:

a): the names in full, description, address and other contact details of each of the parties and of any person(s) representing a party in the arbitration;
b): the addresses to which notifications and communications arising in the course of the arbitration may be made;
c): a summary of the parties' respective claims and of the relief sought by each party, together with the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims;
d): unless the arbitral tribunal considers it inappropriate, a list of issues to be determined;
e): the names in full, address and other contact details of each of the arbitrators;
f): the place of the arbitration; and
g): particulars of the applicable procedural rules and, if such is the case, reference to the power conferred upon the arbitral tribunal to act as amiable compositeur or to decide ex aequo et bono.

2)

The Terms of Reference shall be signed by the parties and the arbitral tribunal. Within two months of the date on which the file has been transmitted to it, the arbitral tribunal shall transmit to the Court the Terms of Reference signed by it and by the parties. The Court may extend this time limit pursuant to a reasoned request from the arbitral tribunal or on its own initiative if it decides it is necessary to do so.

3)

If any of the parties refuses to take part in the drawing up of the Terms of Reference or to sign the same, they shall be submitted to the Court for approval. When the Terms of Reference have been signed in accordance with Article 23(2) or approved by the Court, the arbitration shall proceed.

4)

After the Terms of Reference have been signed or approved by the Court, no party shall make new claims which fall outside the limits of the Terms of Reference unless it has been authorized to do so by the arbitral tribunal, which shall consider the nature of such new claims, the stage of the arbitration and other relevant circumstances.