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lo27004005 Law 47/2014, of 18 December, arbitration of the Principality of Andorra Law 47/2014, of 18 December, arbitration of the Principality of Andorra since the General Council at its session of 18 December 2014 has approved the following: Law 47/2014, of 18 December, arbitration of the Principality of Andorra preamble the arbitration has had a strong rooting in the Principality of Andorra as a mechanism for the resolution of disputes. The concern of the arbitration comes from ancient times, as it is clear from some of the Manual Digest (Chapter VI): "But it must warn; You must quelas pleidegin parties not tried los Batlles, sinos, who Compongan, and with no Verbal, or that leave sas Questions to Declaration of Life, Giving them Magistrates to you love ala stillness, and be publich give ACEs homes, which interests tindrian contact in the statements, and sas Sequelas. "
In this sense, historically, marital or wills are planned that clauses refer to the will of a third party ("good man") to resolve any disputes that may occur in this area. It has also been common in the statutes of the companies or communities of co-owners have included agreements to resolve disputes by arbitration.
However, the lack of legal regulation of this institution has led to that, in practice, this option has been ruled out by the parties, even in those cases in which it had initially planned. In this way, the controversies have ended up being the subject of legal proceedings.
On the other hand, from the world of Commerce, has been claiming a law that regulates the arbitration as a mechanism for quick resolution of conflicts between companies, the dynamics of which can not afford to bear the length that can be produced before the judicial bodies.
Indeed, the extraordinary expansion of the company and the national and international trade of the Principality of Andorra requires quick and simple formulas to solve disputes that may originate in an activity is as dynamic as the mercantile law.
Arbitration offers the advantages that have been mentioned and, for this reason, a modern law that regulates the arbitration and its procedure as this becomes necessary. In addition, bearing in mind that a relevant part of the commercial activity is absorbed by the neighbourhood relations with Spain and France, countries where the arbitration is very settled and is used by entrepreneurs, more advisable even though the existence of an arbitration law in the Principality of Andorra.
This law is enacted with the vocation of providing arbitration and also to promote it and, indirectly, to promote the commercial activity, and the national and international trade in the Principality of Andorra. A country cannot develop economically if it does not have reliable, agile and modern mechanisms to resolve the conflicts that all economic progress leads to ineluctablement.
The law regulates the arbitration or formal, that is, one that conforms to the law of arbitration and which has an agreement and an award with full legal effectiveness. For your base regulations, the law provides for arbitration of law, which is what is based on norms of positive law, and equity or ex aequo et bono, which is what is based on the loyal know and understand of the arbitrator to find a fair solution. It also allows you to choose between the ad hoc arbitration (administered directly by the parties) and institutional (administered by an arbitral institution and in accordance with their regulations), which is defined according to a mixed judgment and understanding. The law is intended to be a general law that regulates the commercial arbitrations that are based in the Principality of Andorra, without prejudice to be applied as supplementary of the regulations that may be promulgated in accordance with the specificities of the labour arbitration, consumption or other special arbitration.
The law distinguishes between the arbitration in the territory of the Principality of Andorra and one with lauds dictates abroad and, within the former, between the internal and international arbitration.
The law establishes a dualistic system and regulates separately the internal and international arbitration, in each of which devotes a separate title, despite the fact that a large number of rules are of application to two. It is not as much of a separate regulation, but rather to highlight a different conception of the two arbitration proceedings. This has been done with the aim of reinforcing the importance of the international arbitration, bearing in mind the geopolitical and commercial situation of the Principality of Andorra, its multiculturalism and, even if it is a small country, its large international commercial projection.
Arbitration is usually come regulated by three levels of standards. First of all, by the national law of arbitration; Secondly, if the arbitration is institutional, by the rules of the arbitral institution chosen by the parties; and finally, to the rules that the parties autoimposen in the arbitration agreement or subsequently. The law does not regulate, therefore, all of the various aspects of arbitration, but those matters more far-reaching. And, within the legal norms, we must distinguish between those that are mandatory or public order and, therefore, obligatory, of which only govern supplementary form according to the will of the parties.
The law is divided into 3 titles, 18 chapters, articles 73, a transitional and final provision. Most of its provisions are dispositive in nature and governed by default, that is to say, unless the parties agree otherwise.
The title and is dedicated to the General provisions, refers to what is understood by arbitration and its scope of application. Are excluded from the scope of the law the special arbitration as the labour arbitration and the consumer arbitration, that will have to be developed in other rules, without prejudice to the law to be supplementary or complementary to those. With regard to the matters arbitrables, has been bypassed to make a relationship and has opted for a general formula that determines which are arbitrables all the freely available materials.
In order to complement what has been set out above, the title and also contains rules of interpretation of the law, calculation of deadlines and special communications in arbitration. Finally, this title contains a rule on the tacit renunciation of the powers of impeachment.
The law regulates the arbitration with headquarters in the Principality of Andorra, have internal or international character, while the chapter X of title II governs the recognition and enforcement of foreign arbitral awards. The title II is devoted to the internal arbitration, although the majority of its articles are also applicable to international arbitration as meeting the title III.
Title III is consecrated entirely to international arbitration which, due to the increase of trade and international economic relations, is spread more and more. Taking into account their specific features, this form of arbitration, where the autonomy of the will is, if necessary, even more obvious, often responds to demands of the arbitration and claims a special procedural flexibility, and therefore deserves a proper regulation although the application may be many rules of the arbitration. International arbitration is defined on the basis of a mixed comprehensive, in the sense that includes subjective elements based on the domicile and residence of the parties, and not on the nationality, and on objective criteria relating to the legal relationship which falsehood stems the dispute.
Title i. General provisions Article 1 object of the Act the object of this law is the regulation of the arbitration, understood as the procedure under which the parties voluntarily submit one or several controversies between them, before they arise or have arisen, in the decision of a third party or a third party independent and impartial and designated arbitrators. The arbitrator or the arbitrators are appointed, directly or indirectly, by the parties that, by means of a procedure likewise agreed to them, to resolve these disputes on the basis of the allegations made and the tests were carried out, by means of a resolution (laude) that the parties accept as final and Executive and which is equivalent to a judicial ruling.
Article 2 scope of application 1. The law applies to arbitration proceedings, the headquarters of which is within the territory of the Principality of Andorra, whether internal or international in nature, subject to established international treaties of which the Principality of Andorra is party or in the laws that contain special provisions on arbitration.
2. The rules contained in articles 9, 10, 11, 12, and chapters IX and X of title II of law apply even if the seat of the arbitration is outside the territory of Andorra.
3. Are excluded from the scope of application of the law the labour arbitration and the consumption.
4. The law applicable to the arbitration supletòriament established in other laws.
5. The law does not apply to cases in which the parties to a legal relationship incomplete entrust to a third party "arbitrator" the determination of an element of integrating this relationship.
Item 3 Matters subject to arbitration 1. Are subject to arbitration disputes on matters that according to the applicable law are freely available to the parties.
2. The statutes of the venture capital can set you submit to arbitration disputes that arise within it, including the challenge of social agreements by partners or administrators.
3. You can submit to arbitration instituted by the Government has not disputes between heirs or testamentary provision legatarios, for matters relating to the distribution or the administration of the heritage.
4. They are also subject to the arbitration of civil disputes in the area of effective competition, with effects between the parties.
5. the status of the communities of owners can set you submit to arbitration disputes that arise within it, including the challenge of Community agreements by the owners.
Article 4 Definitions for the purposes of the law, the basic concepts are defined as follows: 1. internal Arbitration. Means any arbitration understood in the terms established in article 1, which has its headquarters in the Principality of Andorra, as long as all parties have their domicile and that is not a situation where none of the circumstances that define the international arbitration.
2. International arbitration. Is that arbitration has its headquarters in the Principality of Andorra and in which any one or more of the following circumstances: a) That, at the time of conclusion of the arbitration agreement, the parties have their homes in different States.
b) the seat of arbitration determined in the arbitration agreement or in accordance with what this provides is located outside of the State in which the parties have their homes.
c) that the place of fulfillment of a substantial part of the obligations of the legal relationship which dimani controversy is located outside of the State in which the parties have their homes.
d) That the legal relationship which falsehood stems the controversy affects the interests of international trade.
e) that the parties have expressly agreed that the subject matter of the arbitration agreement is related to more than one State.
If any of the parties has more than one home, you must take into account that I have a closer relationship with the arbitration agreement and, if a party does not have a home, you need to stick to their usual residence.
3. the Arbitration Board. Is the decision-making body of the arbitration, made up of one or more arbitrators, always in odd number, appointed directly or indirectly by the parties.
4. Electronic communication. Is that information, in digital media, created, issued, received, processed, or stored by electronic, magnetic, optical, digital media or similar.
5. The arbitration agreement. Means the agreement on the merits of which the Parties state their desire to submit to arbitration all or certain disputes which have arisen or may arise between them in respect of a particular legal relationship, whether contractual or non-contractual.
6. The award. Means resolution of the Arbitration Board.
7. partial Award. Means the resolution of the Arbitration Board that, during the arbitration proceedings, resolved issues specific funds or.
8. the final Award. It means the end of the Arbitration Board resolution that puts an end to the arbitration proceedings and resolve the matter of the dispute.
9. firm Award. Means the award that does not allow any appeal or cancellation action saved the resource review.
10. foreign Award. Means the award issued outside the territory of the Principality of Andorra, regardless of the nationality or the domicile of the parties, the matter in what version and the development site of the arbitration.
11. Arbitration of law. Arbitration is based on the resolution of the conflict in legal reasoning.
12. Arbitration of equity. Arbitration is based on the resolution of the conflict in the natural sense of what is fair, taking into account the particularities of the subject matter of arbitration.
13. Dispute. Means the dispute submitted to arbitration.
14. Preliminary Order. It is the commandment ruled by the Arbitration Board with the objective of either of the parties not be able to thwart a provisional measure.
15. Provisional measure. Means any temporary measure ordered by the Arbitration Board or the State Court, granted in the form of the award and prior to the issuance of the award by which the dispute is definitely dirimeix.
16. Venue of the arbitration. Is the place where the arbitration process and gives the award.
Article 5 rules of interpretation 1. When a provision of the law: a) Grant to the parties the right to decide freely on a particular issue, this faculty comprises the authorized a third party, including an arbitration institution, to adopt this decision, except in the cases provided in paragraphs 1 to 3 of article 49.
b) refer to the arbitration agreement or any other agreement between the parties, it is understood that the content of the provisions of the rules of arbitration to which the parties have been subjected, if necessary. This regulation is considered to be the result of the will of the parties and, consequently, prevails over the default rules of the law.
c) refer to the demand, it also applies to the counterclaim, and when you refer to the answers, it also applies to the reply to the counterclaim, except in the cases provided by article 46. a) and article 53.3. a).
2. Matters relating to the matters that are governed by this law which are not expressly resolved in this, where applicants are in accordance to the General principles on which it is based, among which are the following: a) the principle of freedom, which consists in the attribution of powers potestatives the parties to adopt alternative means to the judicial process for the resolution of disputes.
b) principle of flexibility, which consists in the establishment of informal performances, adaptable and simple.
c) principle of privacy, which consists of the mandatory maintenance of the necessary backup and confidentiality.
d) principle of suitability, which consists of the ability to exercise as an arbitrator or facilitator.
e) principle of speed, which consists of the continuity of the procedures for the settlement of disputes.
f) the principle of equality, that is to give each part the same opportunities to assert their rights.
g) the beginning of the hearing, which consists of the orality of alternative procedures.
h) the principle of contradiction, which consists of the opportunity of confrontation between the parties.
Article 6 acts of communication and computation of time limits 1. Unless the parties otherwise agree to apply the following provisions: a) Any notice, communication or citation is considered to be received on the day that has been delivered to the addressee personally or that has been delivered to its registered office, regular abode, establishment or address. At the same time, apply the made by fax, burofax, email or other means of telecommunication, electronic, electronic or another similar class that allows the sending and receiving of letters and documents that leave a record of your remittance and reception and that have been designated by the applicant. Put the case that do not identify, after a reasonable inquiry, none of these sites, is considered to be received on the day that has been released or tried the delivery, by registered mail or any other means that leave a record, at the last known address or registered office, regular abode, establishment of the recipient.
b) the deadlines established in the law shall be calculated from the day following the receipt of the notification or communication. If the last day of the period is holiday in the place of receipt of the notification or communication, will be extended until the first following working day. When you have set a deadline to present a written, the term is understood to have respected if the letter refers in the deadline, although the reception takes place later. The deadlines set for days will be calculated for calendar days. The deadlines set for months will be calculated from date to date.
2. The provisions of this article do not apply to notifications, communications, the quotes and the còmputs of terms within a procedure before a national court, on the functions of assistance and supervision during the arbitration, which is governed by its own rules.
Article 7 tacit Waiver in the faculties of challenge it is understood that the parties relinquish the powers to challenge the Law if, knowing violation of a rule or requirement of the arbitration agreement, not the reported without justified cause within the deadline or, failing that, as soon as possible.
Title II. The arbitration chapter i. judicial supervision, assistance and Intervention in the arbitration Article 8 intervention of State jurisdictional bodies In the issues to be managed according to this law does not state any International Court, except in cases in which the same law you have purpose.
Article 9 judicial bodies competent for the functions of arbitration assistance and supervision of the 1. The judicial bodies competent to suspend their assistance and supervision of arbitration are as follows: a) for the appointment or removal of arbitrators competent court is the Civil section.
b) for legal assistance in practice is responsible for the Civil Section of the Council.
c) for the judicial adoption of precautionary measures is equally competent Civil section of the Council.
d) for the compulsory execution of domestic and foreign awards recognized, is responsible for the Civil Section of the Council.
e) for the recognition of foreign decisions or arbitral awards, as well as for the understanding of the action of the cancellation of the award is responsible for the room of the Civil Court of Justice.
2. Any of the parties and the Arbitration Board may be directed to the competent judicial bodies in accordance with the provisions in paragraph 1.
3. In all matters not provided for by this law, on the legal functions of assistance and supervision of arbitration, civil procedural legislation is subsidiary application.
4. The decisions of the competent judicial bodies referred to in paragraph 1 are not susceptible of appeal except in the event that the decision is not addressed to the appointment of referees for one of the reasons set out in article 17.
5. The parties may waive by agreement for arbitration agreed and therefore expeditious manner the judicial. To lack of express waiver on the terms indicated above, it is understood that waive when, in front of the demand interposed jurisdictional bodies, the defendant or defendants if they are more than one, carried out, after personats, any procedural action, other than the filing of the declinatòria.
Chapter II. The arbitration agreement Article 10 Contents, form and validity of the arbitration agreement 1. The arbitration agreement must express the willingness of the parties to submit to arbitration disputes that have arisen or may arise with respect to a given legal relationship contractual or tort.
2. The arbitration agreement must designate the Arbitration Board or the procedure for their appointment, either directly or by reference to rules of arbitration. Is not valid the agreement that gives one party a privileged situation in the appointment of the Arbitration Board.
3. The arbitration agreement may take the form of an arbitration clause or an arbitration commitment. The arbitration clause is the agreement on the merits of which the parties in one or several legal relations agree to submit to arbitration any disputes that may arise in relation to those. Commitment to arbitration is an agreement by which the parties to a dispute have already emerged from the submit to arbitration. The parties may submit to arbitration at all times even in the case of a judicial procedure has already started.
4. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference implies that this clause is part of the contract.
5. If the arbitration agreement is contained in a contract of adhesion, the validity of the agreement and its interpretation shall be governed by the rules applicable to this type of contract.
6. The arbitration agreement in any of its forms must be written in one or several documents signed by the parties. It is understood that the arbitration agreement is written when proof of its content in any form, whether it has been verbally agreed on, by the performance of certain acts or by any other means. The requirement that the arbitration agreement certifies in writing is also an electronic communication if the information set down is accessible for subsequent consultation.
7. It is considered that there is arbitration agreement when, in an exchange of letters of request and reply, the existence of the agreement to be affirmed by a party without being denied by the other.
8. the arbitration agreement is independent of the contract of which it forms part, or to which the agreement refers and the decision of the Arbitration Board to declare the nullity of the contract does not entail ipso jure the invalidity of the arbitration agreement.
9. The Arbitration Board has the authority to decide on the existence and the validity of the arbitration agreement in accordance with the provisions of article 27.
10. the agreement is considered valid and that consists in an exchange of letters, documents or other means of telecommunication, as long as they keep a record of its content in any form. This requirement is considered to be met when the arbitration agreement should consist of and is accessible for subsequent consultation in electronic media, optical or any other type.
11. in the event of a dispute is multipart, the resignation of one of the parties to the application of the arbitration agreement does not affect the other parts.
Article 11 the arbitration agreement and demand regarding the funds before the Civil Section of the 1. The Civil Section of the Council, when you submit a dispute on an issue that is the subject of an arbitration agreement, is declared incompetent and refers the parties to arbitration if you request any of these, at the latest at the time of the first written about the background of the dispute, unless they check that the agreement is null , ineffective or impossible to run.
2. If you have started the action to which it refers in paragraph 1, it may start or continue the arbitral proceedings and make an award to be made while the issue is pending before the Civil Section of the Council.
Article 12 the arbitration agreement and adoption of precautionary measures for the Civil Section of the if the parties request the Civil Section, prior to the arbitration proceedings or during the procedure, the adoption of precautionary measures, the application or the grant of the measures does not affect the existence and the validity of the arbitration agreement.
Article 13 arbitration agreement and statement of contest the statement of contest, by itself, does not affect the arbitration agreement signed by the debtor. When the judicial body that knows the competition considers that the agreement can be a detriment to the creditors of the contest, you can decide the suspension of its effects, without prejudice of what is established in international treaties.
Chapter III. The Arbitration Board Article 14 ability to be arbitrator 1. The referee can only be exercised by individuals in the exercise of their civil rights, provided that they do not prevent the legislation to which they are subject in the exercise of their profession.
2. If the arbitration agreement designates a legal entity, this just has the power to organize and manage the arbitration in accordance with article 15.
3. Unless otherwise agreed by the parties, in the case of arbitration with sole arbitrator, provided that it is not an arbitration in equity (ex aequo et bono), the arbitrator should have the status of lawyer. In the arbitration with three or more arbitrators, at least one of them must have this condition.
4. No one can be excluded from acting as a referee by reason of his nationality, unless the parties agree otherwise.
Article 15 institutional arbitration
1. The parties may entrust the Organization and the administration of the arbitration and appointment of arbitrators in an arbitral institution, which may be the Chamber of Commerce, industry and services of Andorra or any other public law corporation or public body that can arbitration functions according to its regulations, as well as associations and non-profit entities that according to its statutes to assume them arbitration functions. Arbitral institutions perform their duties in accordance with their own regulations.
2. arbitral institutions are responsible for compliance with the conditions of ability of arbitrators and the transparency of their appointment as well as for its independence.
3. The parties may submit to the rules of an arbitral institution without submitting at the same time to the administration of the arbitration by the corresponding institution.
Article 16 the number of referees 1. The Parties shall freely determine the number of arbitrators of the Arbitration Board, which in any case should have an odd composition.
2. In the absence of agreement, the Arbitration Board is composed of a single arbitrator, without prejudice to the provisions of article 18.1.
Article 17 appointment of arbitrators 1. The parties may freely appoint the arbitrator or the arbitrators of the Arbitration Board or agree on the procedure for his appointment, subject to the provisions of paragraphs 4 and 5.
2. In the absence of this agreement: a) In arbitration with the arbitration board composed of a sole arbitrator, if the parties cannot agree on the arbitrator, that is appointed, at the request of a party, by the arbitral institution appointed by the parties and, if it had been appointed head, to the Civil Section Council within a maximum period of one month.
b) In arbitration with the arbitration board composed of three arbitrators, each party appoints one arbitrator and the two appointed arbitrators appoint the third arbitrator, who acts as Chairman of the Arbitration Board; If a party does not appoint the arbitrator within thirty days of the notification of the requirement of notice in this sense of the other party, or if the two arbitrators cannot agree on the third arbitrator within thirty days of the acceptance of their appointment, the appointment is made, at the request of a party, by the arbitral institution appointed by the parties and If you do not have appointed head, to the Civil Section of the Council within a maximum period of one month.
3. When in a procedure for the appointment of referees agreed by the parties, a) a part does not act according to the provisions of this procedure, or (b)) the parties or the two arbitrators are unable to reach an agreement in accordance with the procedure mentioned, or c) a third party, including an institution, does not comply with a function that gives in this procedure , any of the parties may request the Civil Section to take the necessary measures to ensure that the appointment of arbitrators will take effect, except that the agreement on the procedure of appointment sets out other means to achieve it.
This application consist only fear supply that it prevents to proceed with the procedure of appointment of the arbitrator or arbitrators agreed upon by the parties, as set out in the appointment of the arbitrator (s) by the Council, taking into account the prior requirements established by the parties.
4. When the appointment of arbiters corresponds to the Civil Section of the Batllia, this creates a list with three names for each referee to be chosen and chooses the names to draw. The Council must necessarily consider the conditions required to be arbitrator of an Arbitration Board agreed by the parties, and if they had not agreed, the provided for in the law and must take measures to guarantee the independence, impartiality and availability of the members of the lists.
5. The claims that the trainers before the Council in relation to the previous sections are substancien by means of the rules expressly provided for this purpose or, if not they had planned, they regulate incidental procedures in accordance with the provisions in the civil procedural legislation in force at any given time. The Council can only refuse the request for appointment of arbitrator if, of the documentation provided, as it is manifestly the inexistence or the invalidity of the arbitration agreement.
6. The decisions of the Council on the appointment of arbitrators referred to in this article may not be appealed, with the exception of those who present the request formulated in accordance with the last clause of paragraph 5.
Article 18 appointment of arbitrators in procedures with plurality of parties and endorsement of a third party in the arbitration procedure 1. In case of plurality of plaintiffs or defendants, when the dispute is submitted to arbitration, this should be resolved by an Arbitration Board shall consist of three members. The plaintiffs by common consent appoint a referee and requested by common consent appoint another. Once named the referees for each part, these appoint the third, which acts as the Chairman of the Arbitration Board. If a party does not appoint the arbitrator within 20 days of receipt of the request of the other because you do, the designation of the arbitrator in the arbitration institution named or, if appropriate, to the Council, at the request of either of the two parties. Likewise, when the arbitrators appointed fail to get agreement on the appointment of the third arbitrator within 30 days of the final acceptance, the appointment is, at the request of one of the two parties, the arbitral institution named or, if this is the case, the Batllia.
2. If the appointment of arbiters the arbitral institution named in the Civil Section or the Batllia, one or the other as appropriate should draw up a list of three names for each referee to be appointed. In making this list should take into account the requirements established by the parties for the selection of arbitrators and to take the necessary measures to ensure their independence and impartiality. Once you have compiled the list, appointing the arbitrators by lot.
3. While arbitration is pending resolution, may be admitted as plaintiff or defendant who proves to have a direct and legitimate interest in the outcome of the same. The third that wish to submit to the arbitration or the part you want to add a third party to the arbitration must file its application before the appointment of the arbitrators, except that all parties, including the third which you wish to join or be adhered, accept that the third is incorporated in a procedure in which the arbitrators have already been designated, and the third to renounce their right of designation and accept the referee that his side have appointed.
Independence and impartiality article 19 1. The referee has to be independent and impartial during the procedure. Under no circumstances can maintain personal, professional or commercial relationship with the parties or their representatives.
2. When you tell a person their possible appointment as an arbitrator, it must decline the nomination if it is not considered independent or impartial. In the event that is considered independent and impartial must disclose all facts or circumstances that could give rise to justifiable doubts regarding their independence or impartiality before accepting his mission. Likewise it must do so immediately if these facts or circumstances that appeared after his appointment and throughout the arbitral proceedings.
3. The arbitrator cannot intervene or have intervened as a mediator in the dispute between the parties, unless the parties agree otherwise.
Article 20 acceptance of the arbitrators unless the parties have arranged otherwise, each arbitrator, within a period of fifteen days counting from the day following the notification of his appointment, he must communicate in writing its acceptance to those who appointed him. If this term does not communicate its acceptance, it is considered that does not accept the appointment.
Article 21 Grounds and procedure for challenge 1. A referee can only be recusat if there are facts or circumstances that give rise to justifiable doubts about their independence or impartiality, or if not meets the conditions agreed by the parties or, if these do not exist, those required by applicable law. However, a party may only object to the arbitrator appointed by it, or on the appointment which has been, for reasons of which it becomes aware after the appointment.
2. The parties may freely agree on the procedure of challenge of the arbitrator, without prejudice to the provisions of paragraph 3.
3. If this agreement does not exist, the part you want to object to a referee has to explain in writing the reasons on which it based the challenge, within fifteen days after having knowledge of the acceptance of the arbitrator or of any circumstance referred to in article 19. Unless the referee recusat renounce his position or that the other parties accept the challenge, the Arbitration Board, excluding the arbiter recusat, decides on the challenge.
4. If the challenge is in accordance with the procedure agreed by the parties or of the procedure described in paragraph 3 do not thrive, the recusant can do either, if necessary, the challenge before the Civil Section of the Batllia, the decision of which is final.
5. The challenge, while it is not resolved, not prevent the arbitral proceedings or deprived the recusat arbiter of its functions.
Article 22 exercise of the functions of arbitration and removal of arbitrators 1. The Arbitration Board must exercise its functions completing them until the end of the arbitration proceedings, unless they justify an impediment or a legitimate cause of abstention or resignation.
2. If an arbitrator becomes de facto or de jure prevented, to exercise his functions or the exercise with unjustified delays, his tenure will cease if you renounce your position or if the parties agree to their removal at any time. Otherwise, if there is disagreement with respect to any of the grounds of removal, either party can apply to the Civil Section of the Batllia who decide on the termination of the mandate, which decision is final.
3. at the request of removal can build up the request for the appointment of the new referee, in the terms provided for in this article, if deemed the removal.
4. If, by virtue of this article or in article 20.3, an arbitrator withdraws from his Office or a party agrees to the termination of the mandate of an arbitrator, this does not necessarily imply acceptance of the concurrence of any of the reasons mentioned in this article or in article 21.
5. The arbitration institution and, in case there is a lack, the Civil Section of the Council can also decide on the revocation of the appointment of all or one of the referees, at the request of a party, after having heard the referee affected, if there are justified doubts about the independence or impartiality of the arbitrators or the conditions required for them in the arbitration agreement , or physical or mental disability of the referees or serious deficiencies in the conduct of the arbitration proceedings. The arbitrators may continue the proceedings and make the award while the revocation procedure is pending.
Article 23-appointment of substitute arbitrator 1. When the mandate of a referee to finish under death, resignation, removal or challenge, by agreement of the parties to put an end to the mandate, will appoints a substitute arbitrator in accordance with the rules of procedure applied to the appointment of the arbitrator being replaced.
2. once appointed the substitute arbitrator, the Arbitration Board, after hearing the parties, decide if necessary or not to repeat some or all of the actions already carried out.
Article 24 Arbitration Board Secretary, in agreement with the parties, may appoint a Secretary of the Arbitration Board and fix their administrative functions and remuneration.
Article 25 liability of arbitrators and arbitral institutions 1. The acceptance of his appointment requires the referees and, if appropriate, the arbitral institution, to fulfill faithfully the Commission received, which, if they do not incur liability for damages they cause to bad faith, recklessness or mourning.
2. In the arbitrations entrusted to an arbitral institution, the injured party has direct action against that, irrespective of the actions of compensation that the institution has against the referees.
3. Required to referees or to the arbitral institutions on their behalf, the hiring of a civil liability insurance or an equivalent guarantee, the amount of which is set by government regulations.
Article 26 provision of funds
Unless the parties have agreed otherwise, the Arbitration Board as the arbitral institutions may require the parties to the deposits of funds deemed necessary to meet the fees and expenses of the Arbitration Board and that may occur in the administration of the arbitration. In the absence of provision of funds by the parties, the Arbitration Board may suspend or terminate the arbitral proceedings halted. If any of the parties does not make its provision, the arbitrators, before agreeing the conclusion or suspension of the proceedings, they communicate to the other parts, so if you have interest in a supply it within the time limit to be fixed.
Chapter IV. Competence of arbitrators Article 27 legal authority of the Arbitration Board to decide about your competition 1. The Arbitration Board is empowered to decide on its own competence and in particular about the exceptions relating to the existence or validity of the arbitration agreement, the appointment of arbitrators, the arbitrability of the dispute or any other exception, the estimate of which prevents going into the bottom of the dispute.
2. The exception of incompetence of the Arbitration Board and the others referred to in paragraph 1 can be found by the parties so far to present the answer to the demand. The parties are not prevented from opposed exceptions for the fact that they have appointed an arbitrator or participated in his appointment. The exception is based on the fact that the Arbitration Board exceeded its mandate, should be raised as soon as it appears, during the arbitration proceedings, the stuff that supposedly exceeds his mandate.
3. The Arbitration Board may only support the formulation of exceptions at a later date if the delay is justified. It is considered that the part that, with knowledge of the cause and without justified reason, refrains from opposing an exception in useful time, renounce opposed it.
4. The Arbitration Board may decide with respect to the exceptions referred to paragraphs 1 and 2 as a prior issue, by means of a partial award, or together with the other issues subject to its decision relating to the issue in the final award. The decision of the Arbitration Board may only be challenged through the exercise of the action of the cancellation of the award that has been adopted. If the decision of the Arbitration Board was desestimatoria of the exceptions and adopted prior, the exercise of the cancellation action does not suspend the arbitration proceedings.
Chapter v. Provisional Measures and preliminary orders Section first. Precautionary measures Article 28 arbitration board the authority to adopt provisional measures unless the parties have agreed otherwise, the Arbitration Board may, at the request of one of them, take the precautionary measures it may deem necessary. The Arbitration Board may order to one of the parties that: 1. To maintain or restore the status quo pending that will dirimeixi the dispute.
2. Adopt measures to prevent any current or imminent damage or any interference in the arbitration procedure, or to refrain from carrying out certain acts that probably would result in a loss or an interference in the arbitration proceedings.
3. Provide any means to preserve assets that allow us to run any subsequent award.
4. Preserving items of evidence that could be relevant and appropriate to resolve the dispute.
Article 29 conditions for the adoption of precautionary measures 1. The applicant for an injunction in any of sections 1, 2 or 3 of article 28 must be accredited before the Arbitration Board: a) if they are not adopted the provisional measure is likely to be any damage, do not rescabalable properly by means of compensation, notably more serious than what you may suffer as the party affected by the measure, should be adopted; and b) that there is a reasonable possibility that the applicant's claim on the merits of the dispute to thrive. The decision of the Arbitration Board in respect of this possibility does not prejutja in any case the subsequent decisions of the Arbitration Board.
2. When it is a provisional measure requested on the merits of the provisions in article 28.4, the requirements set forth in section 1 are only required on the extent to which the Arbitration Board it deemed appropriate.
3. The Arbitration Board may not impose precautionary measures to third parties that are not part of the arbitration procedure.
Second section. Preliminary orders Article 30 request for a preliminary order and conditions for issue 1. Unless the parties have agreed otherwise, any of them, without the need to prevent the other parties (ex parte), you can request the adoption of a provisional measure and ask for a preliminary order to the Arbitration Board on the merits of that sort in some part not frustrated the provisional measure requested.
2. The Arbitration Board may issue a preliminary order provided it considers that prior notification of the application for a provisional measure to the party against which this measure addressed involves the risk that frustrated the provisional measure.
3. The conditions set out in article 29 are applicable to all preliminary order when the damage must be assessed under article 29.1 in) is the damage that likely will result from the fact that they issue the order or not.
Article 31 specific regime for preliminary orders 1. Before the application for a preliminary order, the Arbitration Board to pronounce on the origin or not of this.
2. Immediately after being pronounced about the provenance of a preliminary order, the arbitral Board notifies the parties of both the application and the preliminary order, in the case of being issued, as well as the provisional measure that aims to preserve it by saying the preliminary order. Likewise, the Arbitration Board notifies all communications with respect to the preliminary order, even a record of the content of any oral communication, between any of the parties and the Arbitration Board in relation to this matter.
3. At the same time, the Arbitration Board gives the part who affect the preliminary order the opportunity to defend their rights as soon as possible.
4. The Arbitration Board to pronounce without delay on any objection that is presented against the preliminary order.
5. All preliminary order expires in 20 days counted from the date on which the Arbitration Board has been issued. However, the Arbitration Board may adopt a provisional measure by which they can approve or modify the preliminary order once the party against which they have conducted the preliminary order has been notified and has had the opportunity to assert their rights.
6. preliminary orders are binding for the parties, but they are not per se the subject of judicial execution. Preliminary orders does not constitute an award.
The third section. Provisions applicable to provisional measures and preliminary orders in Article 32 modification, suspension and revocation at any time, the Arbitration Board may modify, suspend or revoke provisional measures or preliminary orders have adopted either at the request of either party or, in exceptional circumstances, on its own initiative, upon notice to the parties.
Article 33 demands of a guarantee to the Arbitration Board 1. The Arbitration Board may require from the applicant a provisional measure that pay a proper guarantee in respect of the measure.
2. The Arbitration Board requires the applicant to a preliminary order that pay a guarantee in respect of the order, unless it deems inappropriate or unnecessary.
Article 34 Communication of information 1. The Arbitration Board may require any of the parties that do know immediately any major change to occur in the circumstances that motivated that as far as they request or adopted.
2. The applicant for a preliminary order shall disclose to the arbitration board any circumstances that may be relevant to the decision that the Arbitration Board must adopt in relation to the issue or the maintenance of order, and continues to be required to do so until the party against whom the order has been requested has had an opportunity to assert their right to manifest itself in relation to the order. From this point, the application is provided for in paragraph 1.
Article 35 Costs and damages the applicant a provisional measure or of a preliminary order is responsible for the costs and the damages that this measure results in the order or any part of it, as long as the Arbitration Board determined further that, in the circumstances of the case, it should not have taken the measurement or issued the order. The Arbitration Board may condemn it at any point during the proceedings to pay the costs and the damages. In the event that the Arbitration Board had required a guarantee, will rest from this, the amount of the costs and damages.
Section four. Recognition and enforcement of precautionary measures Article 36 recognition and enforcement 1. Any provisional measure adopted by the Arbitration Board is binding and must be carried out immediately. Unless the Arbitration Board it has otherwise, is executed at the time requested his execution before the court competent State, irrespective of the State in which you find the arbitration proceedings and without prejudice to the provisions of article 37.
2. The party requesting or has obtained recognition or enforcement of a provisional measure shall inform without delay the Court all State revocation, suspension or modification of that order in such a measure.
3. The Court before which the requested State recognition or execution of a provisional measure may, if it considers it appropriate, require the applicant to pay an adequate guarantee, when the Arbitration Board is not uttered even on such a guarantee or when this guarantee is necessary to protect the rights of third parties.
4. When the parties so agree in the agreement, the Arbitration Board may impose sanctions in case of breach of the precautionary measures.
5. the decisions on precautionary measures, whatever the form of particular, the are of application the provisions of this law relating to the cancellation and the enforcement of arbitral awards.
Article 37 reasons to refuse recognition or execution 1. You can only refuse recognition or execution of a provisional measure: a) If, by acting at the request of the party affected by the measure, the Court will state that: i. the denial is justified by any of the reasons set forth in article 56.2. a); or ii. has not been met, the decision of the Arbitration Board in connection with the provision of assurance that corresponds to the provisional measure adopted by the Arbitration Board, or iii. the provisional measure has been revoked or suspended by the Arbitration Board, or put the case that it is empowered to do so by a Court of the State in which to apply the procedure of arbitration or in accordance with the law of which the measure was adopted, or b) if the court resolves state that: i. the provisional measure is incompatible with the powers that give unless this Court no longer adopt the measure to hold it to its own powers and procedures for the purposes of being able to run without modifying its content; or ii. some of the reasons for refusal set forth in article 56.2. b) is applicable to the recognition or execution of the provisional measure.
2. Any determination in which you get the State Court with respect to any reason set forth in paragraph (1) is only applicable for the purposes of the application for recognition and enforcement of the provisional measure. The State Court in which request recognition or execution may not take, in the exercise of its competence, a review of the content of the provisional measure.
Fifth section. Precautionary measures dictated by the Batllia Article 38 precautionary measures dictated by the civil section of the 1. The arbitration agreement does not preclude the parties, prior to the arbitration proceedings or during the processing, request the civil section of the the adoption of precautionary measures in the civil section of the the grant them. Neither the application nor the adoption of such measures does not affect the effectiveness of the arbitration agreement.
2. The civil section of the Council has the same competence to adopt precautionary measures in the service of arbitration proceedings, irrespective of the fact that these are substanciïn or not in the country of its jurisdiction, that it has the legal actions. The civil section of the Council exercises its competence in accordance with their own procedures.
Chapter VI. Substantiation of the arbitral proceedings Article 39 fundamental principles of the arbitration procedure 1. The fundamental principles of the arbitration procedure, that we all must respect, are those of equality, audience and contradiction. The parts have to be treated with equality and each one of them should have full opportunity to defend their rights.
2. The Arbitration Board and the arbitration institution, if applicable, as well as the parties, the witnesses and any other agent that intervene in the arbitration procedure, they are required to maintain the confidentiality of any information they know on the occasion of the arbitral proceedings, unless the parties agree otherwise.
Article 40 Determination of the procedure 1. Subject to the mandatory provisions of this law, the parties are free to agree the procedure in which they have to adjust the Arbitration Board, the parties and the rest of those involved in the arbitration proceedings.
2. In the absence of agreement, the Arbitration Board may, subject to the mandatory provisions of this law, to establish the rules and the procedure of arbitration in the manner it deems appropriate and without having to follow the legal norms established for ordinary jurisdiction. This authority of the Arbitration Board comprises, among others, to decide on the admissibility, relevance and utility of the tests, your practice, even ex officio, and about his assessment.
Article 41 Its of arbitration 1. The parties can freely determine the seat of the arbitration. If you do not reach an agreement, the Arbitration Board determines the seat, given the circumstances of the case including the convenience of the parties.
2. Without prejudice to the provisions of paragraph 1, the Board of arbitration, unless the parties agree otherwise and after consultation of the parties, meet at any place it deems appropriate to examine the witnesses, listen to the experts or the parties, or to observe or analyze freight or other goods, or documents.
3. The Arbitration Board may hold deliberations in any way, time or place it deems appropriate.
4. Unless the parties agree otherwise, the seat of arbitration determines the law that regulates the arbitrability of the dispute, the arbitration agreement, the arbitration proceedings (lex will), State courts competent to assist and supervise the arbitration, even the establishment of the Arbitration Board, the adoption of precautionary measures, and the nationality, the shape and the nullity of the award.
Article 42 Home and development of arbitral proceedings 1. Unless the parties agree otherwise, the arbitration proceedings in respect of a particular dispute will begin on the date on which the respondent has received the request to submit the dispute to arbitration.
2. In the development of the arbitral proceedings, the parties and the arbitrators act with speed and loyalty.
Article 43 Language 1. The parties may freely agree the language or languages to be used in the arbitral proceedings. In the absence of such agreement, the Arbitration Board determines the language or languages to be used. This agreement or this determination is applicable, unless specified otherwise, all the writings of the parties, all the hearings and any award, decision or communication other than issued by the Arbitration Board.
2. The Arbitration Board may order that any documented proof that record in a language or languages other than those agreed by the parties or determined by the Arbitration Board, be accompanied by a translation into the language or languages agreed upon by the parties or determined by the Board. However, and unless the parties or the Arbitration Board have determined otherwise, the writings and documents written in Spanish, French or English does not need translation.
Article 44 and demand answers 1. Within the period agreed by the parties or determined by the Arbitration Board, the plaintiff must allege the facts on which it based the claim, the claims that formula and the object of the claim, and the respondent can respond and oppose the claims made and the claims made in the lawsuit and counterclaim, unless the parties agree otherwise in respect of the elements of the request and the answer should contain necessarily.
2. The parties must provide, in formulating his allegations, all documents relevant to consider or make reference, as well as the other tests you wish to practice.
3. Unless we agree otherwise, any of the parties may modify or expand their demand or answer in the course of the arbitral proceedings, provided that, at the discretion of the Arbitration Board, respect the fundamental principles laid down in article 39, does not substantially modify the object of the procedure or are not unfair by reason of the delay.
Article 45 hearings and written proceedings 1. Unless the parties agree otherwise, the Arbitration Board decides on the holding of hearings for the presentation of allegations, the practice of oral evidence or conclusions, or if the performances are substancien on the basis of documents and other written evidence. However, unless the parties have agreed that no hearings held, the Arbitration Board may hold hearings at the appropriate stage of the proceedings if any of the parties so requests.
2. The Arbitration Board summons the parties in advance to holding all the hearings and meetings to examine goods, goods and documents, which can intervene directly or through parts of the represented that State.
3. The hearings by videoconference, with the guarantees necessary, require the consent of the parties and the approval of the Arbitration Board.
4. The whole audience go documentary record.
5. all pleadings, documents, expert reports and other information or evidence that one of the parties contribute to the Arbitration Board, it must give immediate transfer to the other parts.
6. Should a party retains an element of proof, the Arbitration Board may require it to provide in accordance with the modalities determined by.
Article 46 procedural Inactivity of the parties unless the parties agree otherwise, when without providing reasonable grounds to judgment of the Arbitration Board: a) the applicant does not present his claim within the deadline, the Arbitration Board gives terminated the proceedings, except that oït, the respondent, this state their desire to exercise any claim.
b) the defendant does not present the answer within the time limit, the Arbitration Board continues the arbitration actions, without which this omission to be considered on its own flattening or acceptance of the allegations of the plaintiff.
c) one of the parties fails to appear at a hearing or does not present evidence, the Arbitration Board may continue the proceedings and make the award on the basis of the evidence available.
Article 47 appointment of expert witnesses or experts to the Arbitration Board
1. Unless the parties agree otherwise, the Arbitration Board may appoint, ex officio or at the request of a party, one or more expert witnesses or experts for dictaminin on specific subjects determined by the Arbitration Board, as well as request to any of the Parties provided to the expert witness or the expert relevant documentation or provide for inspection the documents , goods or other relevant goods or provide access to it.
2. Unless the parties agree otherwise, when a party requests or when the Arbitration Board deems it necessary, the expert witness or the expert, after the submission of its opinion, written or oral, should participate in a hearing in which the Arbitration Board and the parties, if or by means of expert witnesses or experts, have the opportunity to question him in relation to controversial points.
3. The provisions of the preceding paragraphs shall be understood without prejudice to the right of the parties, unless agreed to the contrary, to provide expert opinions of expert witnesses or experts freely appointed.
Article 48 of the Civil Section of the Batllia in the practice of testing 1. The Arbitration Board or any of the parties with the approval of the Arbitration Board may request the assistance of the Civil Section of the Council for the practice of testing. The Civil Section of the can cater to this application within the scope of its competence and in accordance with the rules about proof that apply to you.
2. The assistance of the Civil Section of the Batllia may consist of the practice of the test in front of the Council and under its exclusive direction, or on the adoption by the Council of the necessary measures so that the test can be performed before the Arbitration Board.
3. In both cases, the Civil Section of the delivered to the applicant testimony that give faith of the actions carried out.
Chapter VII. The delivery of the award and completion of the proceedings Article 49 regulations applicable to the matter of the dispute 1. The Arbitration Board decide the dispute in accordance with the legal regulations chosen by the parties applicable to the matter of the dispute (lex causae). It is understood that all indication of law or legal system of a given State is concerned, unless expressed to the contrary, the substantive law of that State and not to the rules of conflict of laws.
2. If the parties do not indicate the applicable legal regulations, the Arbitration Board applies the who estimated that correspond.
3. The Arbitration Board only decide in equity (ex aequo et bono) if the parties have expressly authorised it to do so as well.
4. In any case, the Arbitration Board decides in accordance with the terms and conditions of the contract and takes into account the commercial uses applicable to the case.
5. Unless the parties have banned, the Arbitration Board may issue at any moment partial awards on any part of the background of the dispute about the competence of the Arbitration Board or injunctive relief.
Article 50 adoption of decisions when the Arbitration Board is member 1. In the proceedings in which the Arbitration Board is composed of more than one arbitrator, any decision of the Arbitration Board is adopted, unless the parties agree otherwise, by majority vote of its members.
2. The deliberations of the Arbitration Board are secret.
3. The arbitrator the president can decide questions of ordering, processing or momentum of the procedure, if so authorized by the parties or all members of the Arbitration Board.
Article 51 the award under the terms agreed by the parties 1. If, during arbitral proceedings, the parties come to a transaction that resolve, totally or partially, the dispute, the Arbitration Board gives to the proceedings in respect of transigits and, if you ask for all the parties and the Arbitration Board did not appreciate the reasons to oppose it, it does contain the transaction in the form of arbitration under the terms agreed by the parties.
2. The award under the terms agreed will dictates in accordance with the provisions of article 52 and it is noted that it is an award. This award has the same nature and effects than any other arbitration award handed down on the merits of the dispute.
Article 52 the form, term, content and notification of the award 1. Unless the parties agree otherwise, the Arbitration Board decides the dispute in a single award or in so many partial awards as deemed necessary.
2. Unless the parties by common consent they have otherwise, a) The Arbitration Board shall decide the dispute within six months following the date of filing of the answer to the claim or of the expiry of the period to make it.
b) within six months may be extended by the Arbitration Board for another term of no more than two months, by means of a reasoned decision.
c) the expiration of the term or the extension without it has dictated the final arbitration award does not affect the effectiveness of the arbitration agreement or the validity of the arbitration award handed down, without prejudice to the responsibility in which they may incur the arbitrators.
3. The award of the Arbitration Board must contain: a) the day on which it is given;
b) names, surnames or the designation of the parties, as well as your home or headquarters;
c) on behalf of lawyers or people who represent the parties, if any;
d) the name of the referees who make up the Arbitration Board that dictates;
e) the seat of the arbitration is considered which is also the site of the issuance of the award;
f) a succinct exposition of the respective claims of the parties and of the means of proof;
g) the decision;
h.) the coasts, if necessary and if you are not decided by the parties in the agreement.
4. in the arbitration law, the award of the Arbitration Board must be motivated, unless it's an award on agreed terms, in accordance with the provisions of article 51. On the other hand, in the case of an arbitration of equity, the parties may agree on the non-necessity of motivation.
5. The award shall be issued in writing and signed by the arbitrators of the Arbitration Board. It is understood that the award consists in writing also when proof of its content and signatures and is accessible for subsequent consultation in electronic media, optical or otherwise.
6. In the proceedings on an arbitration board with more than one arbitrator, the signatures are sufficient for most of the members of the Arbitration Board, or only the referee Chairman, whenever you leave a record of the reason for the lack of one or more signatures.
7. If any of the arbitrators that compose the Arbitration Board vote against the decision adopted by a majority, can expose their dissenting vote.
8. After dictation, the Arbitration Board notifies the award to each of the parties in the manner and within the time agreed upon by the parties and, if these have not been agreed, by delivery of a copy signed by the arbitrators in accordance with paragraph 5.
9. Any of the parties, at their expense, may I urge the Arbitration Board, before being handed down, that the award is protocol·litzat by.
Article 53 suspension or termination of the proceedings 1. At any time during the procedure, the parties may terminate it for any reason, even the negotiation, conclusion or resolution of the conflict.
2. The arbitration proceedings end with the final award or by an order of the Arbitration Board handed down in accordance with paragraph 3.
3. The arbitration board ordered the termination of the arbitral proceedings when: a) the plaintiff desist their claim, unless the respondent is opposed and the Arbitration Board will recognize a legitimate interest in obtaining a definitive solution of the dispute.
b) The parties agree to provide to the performances.
c) The Arbitration Board check that the continuance of the proceedings would be unnecessary or impossible.
4. The Arbitration Board removed its functions at the end of the arbitral proceedings, unless the provisions of article 54 and article 56.4.
5. After the deadline that the parties have pointed out for this purpose or, if you don't have pointed out, six months from the end of the proceedings, the obligation to cease the Arbitration Board to retain documentation of the procedure. Within this period, any of the parties may request the Arbitration Board that will send the documents submitted to it. The Arbitration Board accedes to the request if not undermines the secrecy of the deliberations and proceedings that the applicant assumes the costs of shipping.
Article 54 corrections, clarifications, premium and rectification of the overreaching of the award and additional award 1. Within fifteen days following the notification of the award, unless the parties have agreed to another term, either party may, with notice to the other, apply to the Arbitration Board: a) the correction of any error of calculation, copying, typographical or other errors of a similar nature in the award.
b) the clarification of a point or a specific part of the award.
c) response to requests of the award with respect to premium and not resolved.
d) The rectification of the partial stretching of the award, when resolved on issues not subject to their decision or not subject to arbitration.
2. Hearing of the other parts, if the Arbitration Board loves justified the request, made the correction, clarification, the add-on or the rectification requested within twenty days following the notification of the request. The correction, clarification, the add-on or the rectification are part of the award.
3. Within 20 days of the date of the arbitration award, the Arbitration Board may also, on its own initiative, correct any error of the type mentioned in section 1.).
4. The Arbitration Board may extend, if necessary, and loves for ten days, the period in which made the correction, clarification, correction or rectification.
5. The provisions of article 52 also applies to corrections, the explanations, or the corrections of the award.
Chapter VIII. Challenge of the award Article 55 res judicata and contesting the final award 1. The arbitration firm produces effects of res judicata (res judicata).
2. Against the ultimate there is just no cancellation action and against the firm there is no review in accordance with the established in the following articles.
Article 56 the action of cancellation 1. Against the arbitration award ultimate, total or partial, can only exercise the cancellation action before the Civil Hall of the High Court of Justice in accordance with paragraphs 2 and 3.
2. The arbitration can only be overturned in the room of the Civil Court of Justice when: a) the part that stands the alleged nullity action and try that: i. a party to the arbitration agreement was affected by some disability at the time of the agreement, or that the agreement is not valid according to the law to which the parties have submitted or If nothing has been mentioned in this respect, according to the Andorran law; or ii. has not been duly notified of the appointment of referees that compose the Arbitration Board or of the arbitral proceedings or could not, for any other reason, enforcing their rights; or iii. the award refers to a dispute not provided for in the arbitration agreement or contains decisions that exceed the terms of the agreement; However, if the provisions of the award that relate to the issues subject to arbitration can be separated from those that are not, you can only cancel the latest; or iv. the composition of the Arbitration Board or the arbitration procedure have not been adjusted to the agreement between the parties, unless this agreement is in conflict with a mandatory provision of the law or, in the absence of this agreement, have not been in accordance with the law; or b) the High Court, ex officio or at the request of the public prosecutor's Office with regard to the defense of the interests which is legally attributed, check that: i. According to the law applicable to the arbitration, the object of the dispute is not arbitrable; However, if the provisions of the award that relate to the issues subject to arbitration can be separated from those that are not, you can only cancel the first; or ii. the award is contrary to the public order of the Principality of Andorra.
The two previous motifs can be appreciated by the upper Tribunal when solve a cancellation action exercised by any of the parties.
3. The action of cancellation has to exercise within a period of three months from the date of notification of award or, in the cases provided for in article 54, as of the date of notification of the decision or from the expiry of the period for adopting it.
4. When the prompt the cancellation of an award, the Court may suspend the proceedings, when appropriate and when you ask for one of the parties, for a period determined by in order to give the arbitration board the opportunity to resume the arbitral proceedings or to take any other measure that, in the opinion of the Arbitration Board, to eliminate the reasons for the cancellation action.
Article 57 the procedure for the cancellation action
1. The action of cancellation will be substance to the room of the Civil Court of Justice in accordance with the rules of procedure provided for the resources in civil matter, with the following specialties: a) The cancellation demand comes accompanied by the document attesting his claim, the arbitration agreement and contains the proposal of test practice which are interested to the plaintiff in the action of nullity.
b) The room of the Civil Court of Justice gives its transfer of the demand to the respondent of the Act of cancellation, to answer if you are interested in a period of twenty days. The answer must be accompanied by the documents attesting to their claim and hold the motion of the means of proof that are interested to the defendant in the action in nullity. The answer, the High Court provides transportation to the plaintiff because present additional documents and submit additional proof that the media are interested in.
c) Answered the demand or the corresponding period to do so, summon the parties to the hearing, if so requested by any of the parties in his writings of demand and reply or if the room of the Civil Court of Justice I think convenient.
2. Against the sentence that dictates the High Court of justice there is no the filing of appeal.
Article 58 the revision of the arbitration award In arbitration can only be reviewed in exceptional cases in accordance with the established by the civil procedural legislation in force at any given time.
Chapter IX. Implementation of arbitration Article 59 regulations applicable to compulsory execution of arbitral awards shall be governed by the provisions of this chapter and operate by the rules that govern the procedure for the execution of civil judgments firm.
Article 60 suspension, file and then the execution in case of exercise of the action of the cancellation of the award 1. The award is still executable that against him has been the action of cancellation. However, the respondent may apply to the Civil Section of the suspension of the execution, always offering a bond for the value of the liability of the damages that may arise from the delay in the execution of the award. The bond can be formed in any of the ways set out in the rules that govern the civil procedure. Submitted the application for suspension, the Civil Section of the Council, after hearing the performer, resolves on the requested suspension. Against this resolution cannot lodge any appeal.
2. When the record in the Civil Section of the dismissal of the action for cancellation, lifts the suspension and orders to continue the execution of the award, without prejudice to the right of the performer to request, if necessary, compensation for the damages caused by the delay in the execution, in accordance with the civil procedural rules that regulate the procedure of execution incident. If it consists in the estimation of the action of cancellation, filed the execution with the effects provided for in the civil legislation.
Chapter x. Exequatur of foreign arbitral awards applicable Standards Article 61 1. Exequatur of foreign arbitral awards is governed by the agreement for the recognition and enforcement of foreign arbitration judgments, made in New York on 10 June 1958, without prejudice to the provisions of other international treaties that form part of the legal system and that are more favorable to its grant.
2. The procedure of exequatur is the provisions of the civil procedural legislation for the enforcement of sentences handed down by courts in foreign State.
Title III. International arbitration and general provisions Article 62 general Provisions 1. Is international arbitration in which any one of the circumstances mentioned in article 4.2.
2. Are subject to arbitration disputes the resolution of which not expressly reserved to the jurisdiction of the State courts by the rules agreed upon by the parties in order to govern the arbitration agreement to the legal regulations applicable to the matter of the dispute or by the Andorran law in accordance with article 3.1.
3. The Civil Section of the Council has the same powers of assistance and supervision that set forth in article 9 provided that: a) the arbitration shall be carried out in the Principality of Andorra, or b) the parties agree to submit to the arbitration procedure law of Andorra, or c) the parties expressly providing competition to the Andorran State jurisdiction to hear disputes relating to the procedure of Andorra , or d) one of the parties is exposed to a risk of denial of Justice.
4. The rules relating to time limits, the suspension and interruption of the arbitration proceedings are regulated by the arbitration agreement, on rules of arbitration, if necessary, or to the Arbitration Board, without prejudice to the right of the parties and, in case there is a lack of the Arbitration Board, to extend the deadline for arbitration established conventionally as the article 52.2 and the Faculty of the Arbitration Board to suspend the procedure regulates in article 53.
5. In all matters that do not contradict the foregoing, are applicable to international arbitration General provisions subject of the title and, as well as the envisaged in chapter I of title II, although relating to the arbitration.
Chapter II. The international arbitration agreement Article 63 The International Arbitration Convention 1. The international arbitration agreement is not subject to any requirement of form.
2. The arbitration agreement shall be valid and the dispute will be subject to arbitration provided that the attendance of the requirements established by the legal rules agreed by the parties to govern the arbitration agreement to the legal regulations applicable to the matter of the dispute or by the Andorran law.
3. The arbitration agreement can, directly or by reference to an arbitration rules or other rules of procedure, appoint the arbitrators or foresee the modalities for their appointment.
4. When one of the parties is a State or a society, an organization or a company controlled by a State, that part cannot invoke the prerogatives of his own right to withdraw the obligations arising from the arbitration agreement.
5. In all matters that do not contradict the foregoing, are applicable to the international arbitration rules contained in chapter II of title II, relating to the agreement on the arbitration.
Chapter III. The Arbitration Board The Arbitration Board 64 Article Are applicable to international arbitration rules contained in chapter III of title II in relation to the Arbitration Board in the arbitration.
Article 65 competence of referees Is applicable to international arbitration the provisions of chapter IV of title II in relation to the jurisdiction of arbitrators in arbitration.
Chapter IV. Precautionary measures and preliminary orders Article 66 precautionary measures and preliminary orders Are applicable to international arbitration rules contained in chapter V of title II, relating to provisional measures and preliminary orders in the arbitration.
V. Substantiation of the arbitral proceedings Article 67 Substantiation of arbitration actions 1. Is applicable to international arbitration which, in relation to the substantiation of arbitration proceedings in the arbitration, establishes the chapter VI of title II.
2. If the parties wish the arbitration confidential, must be arranged on purpose.
3. Subject to the mandatory provisions of the law, the parties are free to agree, in the arbitration agreement or later, directly, by reference to an arbitration rules or other rules, the procedure to which it must adjust the Arbitration Board and the parties in the arbitration proceedings.
4. Whatever the procedure agreed by the parties, the Arbitration Board must ensure the principles of equality, audience and contradiction of the parties.
5. In the absence of agreement, the Arbitration Board may, subject to the mandatory provisions of the law, to establish the rules and the procedure of arbitration in the manner it deems appropriate and without having to follow the rules established by the ordinary jurisdiction. This authority of the Arbitration Board comprises of deciding on the admissibility, relevance and utility of the tests, the practice of testing, even ex officio, and about his assessment.
Chapter VI. The delivery of the award and completion of the arbitral proceedings Article 68 Statement of award and termination of the arbitral proceedings 1. Is applicable to international arbitration the provisions of Chapter VII of title II, with reference to the arbitration.
2. The Arbitration Board may only issue an award in equity (ex aequo et bono) if the parties have expressly authorised it to do so as well.
3. The Arbitration Board decide the dispute in accordance with the rules of law agreed by the parties to be applicable to the matter of the dispute (lex causae) Although there is no link between the rules and the dispute. If there are no such rules, the Arbitration Board decides in accordance with the who loves more appropriate. It is understood that any reference to the law or legal system of a given State is concerned, unless expressed to the contrary, the substantive law of that State and not to the rules of conflict of laws.
4. In all cases, the Arbitration Board decides in accordance with the terms and conditions of the contract and takes into account the commercial uses applicable to the case.
5. Unless the arbitration agreement you have otherwise in the arbitration proceedings with more than one arbitrator, the arbitration award is given by a majority of votes and is signed by all arbitrators. If a minority of arbitrators refuses to sign it, the others make mention of that fact in the award. The arbitration award signed by the majority of arbitrators or by the president alone, has the same effect as if extended signed by all.
6. The award will be notified in the manner agreed by the parties and, if they had not agreed to, in accordance with article smardzewice.
69 article corrections, clarifications, premium and rectification of the overreaching of the award and additional award 1. Without prejudice to the provisions of the following sections of this article, it is of application to international arbitration which, with reference to the internal arbitration and in the area of corrections, clarifications, complement and rectification of the overreaching, in article 54.
2. The deadline for the correction, clarification, the add-on or the rectification of the overreaching of the award and additional award referred to in article 54 is thirty days in international arbitration.
3. Likewise, the deadline to resolve the request for corrections, clarifications, premium or rectification of the overreaching of the award and additional award referred to in article 54 is 60 days in international arbitration.
Chapter VII. Recognition and enforcement of the award Article 70 recognition and enforcement of the award 1. Is applicable to international arbitration the provisions of chapter IX of title II in relation to the enforcement of arbitral awards issued in domestic arbitrations.
2. the arbitral awards in the area of international arbitration are recognized and executed in the Principality of Andorra if its existence is demonstrated by the applicant and this recognition or execution is not manifestly contrary to the Andorran legal system or in the international public order.
3. The existence of the arbitration is demonstrated by the presentation of its original accompanied by the arbitration agreement or of copies of these documents that meet the conditions necessary for its authenticity. If any of these documents are not written in Catalan, Spanish or French language spread, the applicant has to accompany a Catalan translation done by a sworn translator.
Chapter VIII. Challenge of the arbitral awards in the area of international arbitration dictates in Andorra Article 71 Challenge of arbitral awards in the area of international arbitration dictates in Andorra 1. Awards in the field of international arbitration dictates subject to this law may not be the object of any resource with the exception of the action of cancellation for any of the reasons set out in article 56. In the latter case, the reference made in article 56.2. b) ii to the public order of the Principality of Andorra has been to understand extended to the international public order.
2. The deadline to submit the cancellation action is two months from the notification of the award.
3. The competent court for the understanding of the action of cancellation is the room of the Civil Court of Justice of the Principality of Andorra.
4. By special agreement and expressly, the parties may, at any time, even in the arbitration agreement, to waive the cancellation action.
5. The action for cancellation against the award and the recourse of appeal referred to in paragraph 6 do not have suspensive effect unless the Court decides to do so expressly State considers that execution of the award may seriously injure the interests of one of the parties.
6. The parties may formulate resource of appeal in front of the room of the Civil Court against the resolution that has the exequatur, for the reasons set out in article 56.2 and within thirty days from the notification of the resolution. This remedy is formulated before the plenary of the Court of Justice.
7. The resolution that agrees to the order, without prejudice to recourse provided in paragraph 6, is not susceptible of any resource. On the other hand, the resolution to deny the exequatur of the award in the area of international arbitration issued subject to this law is susceptible of appeal to appeal to the Full Court in the period of thirty days from the notification of the resolution.
Article 72 Challenge of arbitral awards in the area of international arbitration dictates abroad the Court ruling relating to an application for recognition or exequatur of an award in the area of international arbitration issued abroad is susceptible of appeal to appeal to the Full Court of justice within 30 days of its notification.
Article 73 the reasons to refuse recognition or execution 1. The room of the Civil Court of Justice can only refuse recognition or exequatur of an arbitration, whatever the country where it has been dictated: a) at the request of the party against whom it is intended to execute or enforce, when this part provides proof: i. that a party to the arbitration agreement was affected by some disability, or that the agreement is not valid under the law to which the parties have submitted or If you had not indicated anything in this regard, under the law of the country where you have dictated the award; or ii. the party against whom the award is invoked was not duly notified about the appointment of an arbitrator or of the arbitral proceedings or could not, for any other reason, enforcing their rights; or iii. the award refers to a dispute not provided in the arbitration agreement or contains decisions that exceed the terms of the arbitration agreement; However, if the provisions of the award that relate to issues subject to arbitration can be separated from those that are not, you can give the recognition and execution in the first; or iv. that the composition of the Arbitration Board or the arbitration procedure have not been adjusted to the agreement concluded between the parties or, if this agreement did not exist, were not in accordance with the law of the country where the arbitration took place; or v. that the award is not yet compulsory for the parties or has been cancelled or suspended by a Court of the country where State, or in accordance with the law which has been handed down the award; or b) when the Court check state: i. that according to the Andorran legal system, the object of the dispute is not subject to arbitration; or ii. which the recognition or enforcement of the award would be contrary to the national public order.
2. If it has been requested in a State Court of the jurisdiction which has been submitted to the arbitration or the jurisdiction of the country where it has been handed down the award, the cancellation or suspension of the award, the room of the Civil Court of Justice may, if it considers appropriate, defer its decision and, at the request of the party requesting the recognition or execution of the award , you can also order that the other party provide appropriate guarantees.
Arbitral procedures transitional provision that initiate from the entry into force of the present law shall be regulated by this. The arbitration procedures in course of substantiation are regulated by the previous law. However, if the arbitration award is given once entry into force this law, the action of cancellation, if any, the recognition and the execution will be carried out in accordance with this law.
Final provision this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 18 December 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra
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