Bs. As., 7/8/98
VISTO Expediente No. 800-009930/97 of the Register of the SECRETARIAT OF AGRICULTURA, GANADERIA, PESCA and ALIMENTATION dependent on the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, the Nros Decrees. 2284 of 31 October 1991, 2488 of 26 November 1991, ratified by Act No. 24,307, and
It is a priority within the objectives of the NATIONAL EXECUTIVE PODER, ensuring the full validity of conditions of transparency and competitiveness in agricultural markets.
That for its realization and, always within the regulatory framework prevailing in the national economy, it is necessary to adapt and modernize some rules that have an effect on the functioning of the markets.
That Decree No. 1918 of 5 November 1981 adopted the general regulation for the operation of the country ' s ARBITRALES OF CERIALS.
That the ARBITRALES OF CREALS have as a function to medulate the resolution of conflicts or divergences that may arise within them, in relation to issues related to the marketing of grains.
That the resolutions emanating from such institutions have binding force for parties who voluntarily opt to submit themselves to them as arbitral judges and, consequently, must comply with their pronouncements.
In view of the proposed objective, it is advisable to terminate the aforementioned Decree No. 1918/81 and to present a new regulation of procedures for the arbitration services of friendly composes, conciliation, mediation or other forms of dispute settlement within the framework of its competence.
That Decree No. 81,371 of January 3, 1941 established regulations governing "priced" operations in the trade of cereals and oleaginous.
That the same is incompatible with the current scheme of deregulation and freedom of markets, since its nature responded to an absolutely different economic political situation from which it is seen in the present, having, on the other hand, fallen into total disuse, which is why it is appropriate to proceed to the formal repeal of the aforementioned Decree No. 81,371 dated January 3, 1941.
That in the light of the functions of countering the operation of the Stock Exchanges and Arbitrary Chambers of Cereals, attributed to the SECRETARIAT of AGRICULTURA, GANADERIA, PESCA and ALIMENTATION of the MINISTERY of ECONOMY and ARTWS and SERVICES PUBLICOS by Article 37 of Decree No. 2284 of 31 October 1991, as amended by the Decree
That he has taken the intervention of the General Directorate of Political Affairs of the MINISTERY of ECONOMY and ARTWORKS and PUBLIC SERVICES.
That the NATIONAL EXECUTIVE PODER is empowered to issue this act, pursuant to Article 99, Subparagraph 2 of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 - The Arbitral Chambers of Cereals, within their social objectives, will provide to their associates or third parties, arbitration services of composing friends, conciliation, mediation or other forms of dispute settlement related to their statutory or institutional objectives. Art. 2° - Issues submitted to the Arbitral Chambers of Cereals shall be subject to the Regulations of Procedures which as an Annex form an integral part of this decree. Art. 3° - SECRETARIAT OF AGRICULTURA, GANADERIA, PESCA and ALIMENTATION OF MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS will set, by express act, the criteria to which the Arbitral Chambers and Bags of Cereals should be adjusted, for the collection, generation and supply of public information orientative of the grain market, and in addition, will audit the correct application of such criteria. Art. 4° - Until the SECRETARIAT OF AGRICULTURA, GANADERIA, PESCA and ALIMENTATION OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS, determine the criteria referred to in Article 3 of this Decree, in the pre-existing contracts in which the determination of the price of the goods inputs or other services, has been referred to the price of slate of a particular Arbitral Chamber, and whenever such circumstances are established, the same may be requested to establish the price for such a contract, depending on its specific characteristics. Art. 5° - Destroy the Nros Decrees. 1918 of 5 November 1981 and its supplementary provisions and 81,371 of 3 January 1941. Art. 6° - Contact, post, give to the National Directorate of the Official Register and archívase. - MENEM. - Jorge A. Rodriguez. - Roque B. Fernández. Annex
PROCEDURES FOR THE SOLUTION OF CONTROVERSALS TO THE ARBITRAL CAMARAS OF CREALS AND AFINES
PART I - GENERAL
ARTICLE 1 - Applicability of these Regulations. Complementation: When the Arbitral Chambers of Cereals authorized for operation (hereinafter referred to as "the Chamber") are submitted to the resolution of any matter, or their intervention is requested for such purposes, they shall conform to the provisions of the present Regulations or their complementary rules, which shall be deemed to be an inescindible part of the arbitration clause or of the express or tacit agreement to be submitted to the Chamber. The parties are subject to such procedures by the sole acceptance of the House ' s performance, without being able to claim their ignorance.
The issues not provided for in these Regulations or in the supplementary rules shall be resolved by the Chamber to its loyal knowledge and to understand, noting due respect for the rights and guarantees protected by the National Constitution and all the regulations of public order in force.
ARTICLE 2° - Organ of action: The Chamber shall intervene in such matters through its Steering Committee, which may also delegate them in accordance with its rules of operation. It will be understood that these bodies refer to this Regulation when it refers to "tribunal" or "arbitatory."
ARTICLE 3° - Competence: It will be the obligation of the Chamber to laud in the matters of its competence, which will be determined by the subscription of the arbitration clause, without the need for the parties to make arbitration. Acceptance of arbitral jurisdiction may be express or tacit, and it will matter the commitment to comply with its awards and resolutions, and the acceptance of its Regulations.
The Chamber shall have competence to intervene in matters that its associates or third parties raise to it related to: the production, marketing or industrialization of agricultural products, by-products, derivatives and related products, or products of nature, whether in their original or elaborate state; the provision of services related to such activities:
In addition, by calling to the plenary through the mechanism provided for in article 56 of the present Regulations, the Chamber may respond to abstract consultations on the interpretation of regulatory rules or technical issues whose uncertainty results in situations of general conflict that alter the normal development of grain trade. Consultations to be made by one of the Exchanges will only be admitted through the decision of the respective governing body. Because it is an abstract interpretation, it will be depriving each Chamber to apply or not such a criterion in the specific cases under its jurisdiction, and may not be invoked as prejudice.
ARTICLE 4° - Jurisdiction. Arbitral Agreement: The Chamber shall intervene in matters which the parties submit to it, where its jurisdiction and competence result from an express arbitration agreement contained in contracts or instruments previously registered as established by its Statutes or - if any - those of the Stock Exchange that it integrates.
In addition, the Chamber may intervene in cases where the arbitration agreement arises from any of the following cases, in which the arbitral jurisdiction is equally agreed:
(a) When, by the characteristics of the operation, such an agreement results from the exchange of letters or any other means of communication which can infer the common will to resolve their disputes through the House.
(b) If the contract of which the arbitration clause arises was signed and registered by the party that intends to assert it, provided that it was from those contracts that are used and custom in the trade of grains, and the other party would have received it without formulating a felicitous opposition within a reasonable time.
(c) Where it arises from the provisions contained in the Regulations, Rules or equivalent rules of civil associations, foundations, societies or any other legal person that the parties integrate.
(d) If a party proposes the matter before the House and the contrary does not question its intervention in the first presentation, or it is silent in the face of the move that is taken.
ARTICLE 5° - Must of cooperation: The acceptance - express or tacit of the intervention of the House and of these Regulations will imply that the parties assume the indeclinable commitment to work in good faith, loyalty and spirit of cooperation for the most equitable soluci6n of the dispute, without prejudice to what is inherent in the defense of their own rights or interests.
ARTICLE 6° - Advertising of the awards: Except express agreement of the parties to the contrary, the Chamber reserves the power to make known its arbitral awards in general interest of the trade in grains.
The parties may not, however, limit the Chamber ' s powers to publicize the awards that are deemed to be important for their prior character or for their general interest, and communications that are deemed necessary or appropriate in the absence of their decisions.
ARTICLE 7° - Rights - Tariffs: The Chamber shall, by its intervention, perceive the rights or tariffs it establishes for each kind of procedure, having the same to be deposited entirely by the applicant, without prejudice to the determination or subsequent agreement on whom it is appropriate to support them in final.
If the party failed to pay them, the Chamber shall collect them from the amount deposited by the plaintiff, saving the latter ' s rights to claim them to the defendant, if appropriate, for which purpose they shall be considered an integral part of the award ' s sentence.
In cases where extraordinary expenses are foreseen, the Director of the Procedure may require the requesting party of that party to request the measure or diligence caused by such expenditure to deposit the amount it deems prudent.
PART II - CONCILIATION OR MEDIATION
ARTICLE 8° - Initiation: Any party may request the Chamber to intervene for purposes of conciliation or mediation prior to the substance of the arbitral proceedings, or during the proceedings. In the latter case, the arbitral proceedings shall be deemed to be suspended in full law until the opposing party manifests its unequivocal intention to reject mediation, or until I know of the conciliatory attempt, either by agreement that it terminates the dispute or by the statement of the mediator or conciliator that the agreement is impossible.
ARTICLE 9° - Transfer - Acceptance: In any case in which the Chamber is required to intervene for purposes of conciliation or mediation, it shall be transferred to the contrary for a period of CINCO (5) days in order to accept or reject the procedure. Acceptance should be express, and involve a commitment to respect the general principles of mediation and the rules of this Regulation.
ARTICLE 10. - Organ of action - Functions: The intervention of the Chamber shall be carried out through the person or persons to whom she herself or the Director of Procedure, as appropriate, directs this function. The mediator will act as facilitator of communication between the parties, assisting them in the negotiation.
Whoever acts as a mediator will then not be able to integrate - in the case - the court as an arbitrator.
The mediator lacks decision-making power, so that the agreement - partial or total - will only arise from the free will of the parties themselves. Without prejudice, it may suggest or propose formulas of understanding, leaving the parties in absolute freedom to accept them or not, without the need to invoke any reason.
ARTICLE 11. - Completion of the procedure: Any party may decide on its sole arbitrary the completion of the mediation, regardless of the state in which it is located. The mediation procedure may not be extended by more than TREINTA (30) days counted from the date of acceptance, except agreement of parties, or informed decision of the mediator to extend it by QUINCE (15) more days.
ARTICLE 12. - Proceedings: The mediator will conduct the mediation procedure in a manner that he deems most appropriate, taking care to respect the guidelines set out in this Regulation. In particular, you will be free to meet or communicate with the parties separately, and cite them to any joint meetings you consider necessary.
It should refrain from intervening when it had a relationship with either party that might affect or cause just doubts about its neutrality, unless the parties consented to its intervention.
ARTICLE 13. Confidentiality: The mediation procedure is strictly confidential, being obliged to keep the secret on the topics covered by the procedure all persons participating in it. The mediator may not be summoned to testify on the issues he has known as such.
The manifestations or proposals of the parties during mediation shall not matter admitting facts or recognizing rights, and may not be used to substantiate the eventual subsequent arbitral decision. Similarly, the opinions or formulas that the mediator might suggest will not matter prejudice.
ARTICLE 14. - Documentation: There shall be no written record of the statements or proposals made during mediation. Only the agreement - total or partial - to which the parties arrived will be documented which, except agreement of parties to the contrary, must be raised by the mediator to the court for their knowledge and registration. The court shall establish such an agreement in the form of an arbitral award, having the same nature and effect as the arbitral award.
PART III - AMIGABLE ARBITRATION COMPONEY
Chapter I - Generalities.
ARTICLE 15. - Proceedings - Principles: The Chamber shall, through its President or the person designated for that purpose, direct the arbitral proceeding subject to the provisions of this Regulation and as it deems it most appropriate, taking care to treat the parties with equality, to provide them with the widest possible hearing and opportunity to assert their rights.
The procedure should be conducted on the basis of the principles of speed, procedural economy, immediacy, concentration, equality, effectiveness and good faith.
They shall apply to those who designate themselves to direct the arbitral proceedings, the provisions provided for in the latter paragraph of article 12 of these Rules.
ARTICLE 16. - Faculty: Based on the principles arising from Articles 5 and 15. the Director of Procedure and the court in his case must prevent the denaturalization of the friendly composition. To this end, it shall have the powers arising from the existing rules and the present Regulations and shall have the broadest powers of leadership, which include - among others not listed but inherent to function - the following:
(a) Drive the procedure.
(b) To resolve the issues raised during the arbitral proceedings.
(c) Prevent attitudes of the parties gathered with the principles of loyalty, good faith and probity.
(d) Point out the defects or omissions of the presentations to avoid nullities.
(e) Order that the offensive, injurious phrases be tested, or that they do not keep the respectful style that must first be in the process.
(f) Take measures to avoid unnecessary delays in the trial.
g} Order the necessary steps to clarify the truth of the facts.
(h) Dismissing evidence, seedlings or unreasonable, unnecessary, or deviating from the subject to decision.
(i) Have at any time the personal appearance of the parties or third parties.
(j) To delegate to any of its members, to officials or employees of the House, or to third parties, the diligence of the measures necessary for the development of the process.
(k) To require, where necessary, the intervention of the competent judicial authority.
ARTICLE 17. Advice and representation: The parties may be represented or advised by persons of their choice. The representation may be credited by the usual legal means, and may also be granted by letter of authorization.
ARTICLE 18. - Periods: All deadlines set out in the present Regulations shall be computed for days deemed to be administrative for the trade in grains, meeting in the usual hours of attention to the public of the Chamber. Without prejudice to this, the writings received in the Secretary of the Chamber shall be considered to be submitted within the DOS (2) first hours of the following day.
With the exception of the time limit for interposing the remedies that will be perennial and only dispensable by express conformity of the contrary - all other deadlines will be extended in common agreement between the parties.
Without prejudice to this, the Director of Procedure may grant - through a well-founded resolution - extensions for reasonable periods, in cases where it considers necessary or appropriate for the best development of the procedure. The order must be formulated prior to the expiration of the period originally granted, and will be resolved without substance.
ARTICLE 19. - Form of notifications: Notifications shall be practiced by means determined by the Director of Procedure, and may be made by cedula, by postal items sent through e-mails, by telegraphic means, by telex, by facsimile, or by any other considered appropriate.
The notification by card shall be made through the House staff, who shall hand it over to the person at the home, collecting his signature in the copy. In the event of refusal to sign, the notification shall be made by fixing the piece at the door of access to the domicile, giving validity to the report of the personnel responsible for the practice of the domicile, except in case of serious irregularities. Neglect or dolo affecting the rights of the parties.
In cases of notification by mail, telex or facsimile, the receipt records that are usually issued shall be sufficient proof of notification for the purposes of this Regulation.
In all cases, the Chamber ' s testimony in the record referring to the means through which the notification was made will give full faith to the parties regarding the accuracy and accuracy of the notification.
ARTICLE 20. - Notification reception. Domicilios: For the purposes of these Regulations, the notification shall be deemed to have been received by the addressee, if it is delivered in the house constituted, in the actual reported, in his habitual residence, domicile, establishment, seat of his business, or postal address, without being able to claim the ignorance or lack of authorization of the person who has signed the receipt record.
The parties shall make reasonable efforts "in order to direct the notification to a home where the contrary is actually found. But if, after a reasonable investigation, which must be manifested by the party as an affidavit, it is not possible to know the actual domicile, the notice may be ordered - under the responsibility of the applicant in the domicile that the party has inscribed in the General INSPECTION OF JUSTICE, dependent on the SECRETARIAT OF JUSTICE OF THE MINISTERIO OF JUSTICE or in the known SEACIONAL REGISTRY
ARTICLE 21. - Formed office. Omission. Effects: All notifications addressed to the parties in the arbitral proceedings shall be made at the constituted home, and also in the real if deemed necessary by the Director of the Procedure. This domicile, as well as the actual reported by each party, shall be maintained until its modification is communicated, and the notifications addressed to them shall be valid.
The lack of constitution of special domicile will matter to constitute it in the House Secretariat: and the successive resolutions - except for the award - will be automatically notified on Tuesdays and Fridays (or the next skill if any of them were traded) unless the impossibility of seeing the file is recorded.
ARTICLE 22. - Procedural vibes. Convalidation: Any possible procedural vice must be raised within the THREE (3) days of having the party taken knowledge. A party that does not object within the specified time limit shall be deemed to have convalescent of any nullity, indeclining its right to raise the matter further.
ARTICLE 23. - Judicial intervention: The parties agree that in the cases dealt with in accordance with these Rules, no judicial court shall intervene in the course of the substance of the arbitral proceedings, except in cases where such Regulations or the law expressly provide, or where the court so requires.
In cases where the judicial intervention is admitted, the appropriate judicial authority shall be competent, with jurisdiction in the place where the arbitration is carried out.
ARTICLE 24. - Pre-exceptions - incidents: In the arbitral proceedings the deduction of exceptions of prior pronouncement or the promotion of incidents of any kind shall not be permitted. All issues deducted shall be considered and resolved at the time of issuance of the final award.
However, and where exceptional circumstances made it appropriate or necessary, the court may unfold the issues referred to in its decision V to rule on some of them on a prior basis.
ARTICLE 25. - Citation to the parties: In any state of the arbitral proceedings, the Director of the Procedure, or the court, may summon the parties to the hearing for the purpose of attempting a direct conciliation, offer them the possibility of agreeing to submit to the mediation, or require the explanations or clarifications they may need.
ARTICLE 26. - Procedural inactivity of the parties: The inactivity of the parties during the substance of the arbitral proceedings shall not automatically produce the expiry of the arbitral tribunal shall not prevent the award from being made or deprive it of effectiveness.
However, when three (3) months were passed without the party concerned promoting the procedure, the contrary may be asked to do so - within the time limit set by the Director of the proceedings - under the expectation of decreting the expiry of the instance.
Chapter 2 - Demand and answer.
ARTICLE 27. - Demand requirements: The arbitral proceedings shall be initiated by the filing of a complaint requesting the Chamber ' s intervention as a court of friendly constituents.
The same should be submitted in writing at the seat of the House, with as many copies as required parts. It must contain at least the following requirements:
(a) Indicate the actual addresses of the plaintiff and defendant.
(b) To establish a domicile within the City seat of the House and to indicate, with equal effects, the number of facsimile and the e-mail address where you agree to receive notifications.
(c) Express a relationship of the facts and the reasons you think you have.
(d) Accompany the documentation and suggest measures to try to prove it.
(c) Exhibit your claim or claim correctly.
ARTICLE 28. - Transfer - Form - Term: The application shall be transferred to the respondent ' s address to the respondent ' s address, in order to answer it within the time limit of CINCO (5) days of notice, notifying the notice provided in the following article.
ARTICLE 29. - Response - Reconvention: The respondent must answer the claim - and in his case reconvene - in the manner provided for in article 27 of the present Regulations, and must also recognize or categorically deny the facts invoked by the actor, the authenticity of the accompanying documentation, the receipt of the communications addressed to him, as well as the corresponding explanations regarding the facts attributed to him.
In the event of silence or evasive or ambiguous responses, the court may have the facts invoked as true, consider documentation as authentic, and communications as received, provided that other records of the record allow such convictions to be reached.
ARTICLE 30. - Incomparency of the defendant: Having been the duly notified respondent, and in the face of his incomparency or lack of response to the demand, the trial will continue. The court shall declare it in absentia and render the right to reply to the complaint as a deciduous, without prejudice to the fact that the defendant may be incarcerated in order to cease his rebelliousness, but this does not imply that the proceedings are reversed.
Under the provisions of the preceding article, the Director of Procedure may pass the file for lauding, or dispose of the production of evidence, if deemed necessary.
Chapter 3. - Later procedure.
ARTICLE 31. Successful transfers - Effects: The court may, in response to the request, run between the parties as many transfers as it deems necessary for the best clarification of the questions discussed, in which new facts, arguments, documents or circumstances may be brought to the attention of the arbitrators.
Transfers in question should be answered within the time limit of DOS (2) days of notification, unless the Director of Procedure provided a different time frame in response to the circumstances of the case.
ARTICLE 32. - Subsequent demonstrations: In the course of the proceedings, and as long as the court does not resolve the contrary, any party may modify or supplement its claim or response, without altering the substance of its claim. Such matters may constitute matters subject to consideration and resolution of the court, if deemed appropriate, provided that the bilaterality of the proceedings has been respected. As the object of the arbitration procedure known to the arbitrators and the parties discuss the issues that distance them, the content of the successive submissions shall be considered as evidence for the purposes of the laudar.
Chapter 4. - Tests.
ARTICLE 33. Probatory elements: The court shall issue the award mainly on the basis of the documentation to be added and the explanations required by the parties or third parties. It will also consider as evidence, the customs and customs of grain trade, and the conduct of the parties in relation to the facts attributed to it.
Only in cases where it deems it necessary will produce the evidence offered by the parties, or any other one that it deems necessary to know the reality of the facts. The dismissal of evidence by the court may only be invoked as a grievous, to the extent that its need manifests itself, or it is unequivocally demonstrated that it was essential.
ARTICLE 34. - Evidence - Mode of production: With the scope provided for in the previous article, the court may avail itself of any of the usual means of proof, using for its production and reception the way it considers best, taking care to maintain the equality of the parties and their possibility of participation and control.
In particular, advice may be made on technical issues beyond their subject matter by experts of their free choice.
The principle of paragraph 1 shall also apply in the course of the hearings, in which the court may freely question witnesses or parties, without prejudice to their right to enlarge or repeat. The manifestations of the parties to the hearing shall have full confessional effects.
ARTICLE 35. -Judiciary Help: In cases where the court considers it essential to produce a test, and it cannot be produced except with the assistance of the public force, it may refer to the competent judicial authority its substance in the manner it deems appropriate, or may place its production in charge of the party that has offered it, under the notice established by the Director of the Procedure.
ARTICLE 36. -Audiences: The hearings shall be closed, and may be attended only by the members of the court or authorized persons. They will be quoted with a minimum advance of DOS (2) days, except that special circumstances would require a shorter time.
A record shall be broken by making an abbreviated account of what has happened in them and what is manifested by the parties, which shall be signed by the attendees. The record in question may be supplemented or supplemented by a recording or technical record to be held by the court.
ARTICLE 37. - Charge of proof - Lack of cooperation: Each party should make its utmost efforts to prove the facts that invoke and convince the court of the reason that assists it.
Unjustified resistance to attending a hearing, to provide documentation, explanations or data required by the court, or to form a writing body when available, may be considered as presumptions against it.
The award may not be based solely on the conduct of the parties to the arbitral proceedings, but it may be assessed in the light of the principles underlying this Regulation, and may form an element of conviction that corroborates other evidence or evidence.
ARTICLE 38. - Valuation of the evidence: The importance, probative value and effects of the evidence in the trial, which will be merited by the court on the basis of the criterion of free convictions, being able to attribute to them the effectiveness it deems appropriate, without being subject to strict legal criteria of valuation of the evidence.
ARTICLE 39. -Autos for laudar - Measures to better provide: At the time the Director of Procedure considers that the cause is in a condition of laudar, he will turn the file to study the arbitrators. This will not preclude the court ' s attribution of measures to better provide.
Chapter 5. - Precautionary measures.
ARTICLE 40. Attribution of the court: At the request of either party and at any stage of the trial, the court may decree - on a provisional basis and under the responsibility of the applicant - the precautionary or precautionary measures it deems necessary to preserve the assets or values that constitute the object of the arbitration, or to ensure the eventual outcome of the trial.
The dictation of a measure of this nature will in no way imply anticipating opinion or prejudging questions to be resolved in the award.
ARTICLE 41. - Modification - Replacement Uprising: To avoid unnecessary harm, the court may have a different measure from the request or limit it, when the purpose of securing the insurance could be fulfilled in a lesser way. It may also, in the same circumstances, resolve the lifting of the measures if the reasons given to it ceased. At the request of the interested party, it will resolve its replacement, expansion or modification.
ARTICLE 42. -Required: The party requesting the court shall give sufficient credit to the court, the reasonableness of its claim and the danger in the delay that warrants the measure, and must grant the guarantee to the court. On its own motion or at the request of a party, the court may require the applicant to improve the guarantee granted, subject to the notice of ordering the lifting of the measure.
ARTICLE 43. -Notification to the contrary: The measure will be passed without hearing the counterpart. Without prejudice to this, the party against whom it is ordered must be notified once the measure has been effective.
ARTICLE 44. - Execution - Legal Aid: In cases where necessary, the court shall require the relevant proceedings of the competent judicial authority; it may also issue the appropriate records, so that the person concerned may require them.
ARTICLE 45. -Measures requested at judicial headquarters - Effects: Without prejudice to the power to require the issuing of precautionary measures before the court, the parties may directly request such measures from the judicial authority.
It shall not be incompatible with the arbitral proceedings and may not be construed as a waiver of the arbitral tribunal, which a party, prior to the arbitral proceedings or during its adjudication, requests the precautionary measures, or is granted by the judge. In this case, the party shall immediately notify the court.
Chapter 6. - Arbitral award.
ARTICLE 46. Questions to be resolved in the award: The award shall be pronounced on the issues introduced and the claims deduced by the parties. It will also be understood that the incidental, subsidiary, accessory or related matters have been irrevocably submitted to the court ' s decision, and the matters which were consensual to the court.
ARTICLE 47. Competition. Separability of the arbitration agreement: The court shall be entitled to decide on its own jurisdiction, even when the existence or validity of the arbitration agreement has been questioned. To that end, the invalidity of the contract in which the arbitration clause is inserted shall not necessarily imply the invalidity of the arbitration clause.
ARTICLE 48. - Form and timetable: To injure validly, the court must count at the time of lauding, with the attendance of more than half of its members. Once constituted in legal form, it will decide by a majority of votes of its present members to dictate the award in writing.
It must be pronounced within the CUARENTA (40) days of having been rotated the referees' studios. In the event that the court provides a measure to better provide, the time limit shall be terminated for all the time necessary to substantiate the measure.
If it deems it advisable, the court may extend the time limit and must notify the parties.
The expiry of the period for acquittal shall not in itself cause the invalidity of the award, if the party invoking this case had not made it written to the court before it was rendered. The silence of the parties shall be regarded, for all purposes, as a tacit extension of the period for lauding.
ARTICLE 49. - Fundament: The award shall contain the reasons on which the court is based, unless the parties have agreed that the grounds are not disclosed.
The award shall be based on reasons of fairness, and the court shall decide according to its legal knowledge and to understand and to give the case the solution which - in its opinion - equally resolves the issues before it, without being subject to forms or legal provisions.
ARTICLE 50. - The award shall be pronounced on the imposition of the costs, which shall include the rights or tariffs of the court, the expenses incurred by the Chamber, the fees and expenses of the experts appointed by the court, and the expenses that the parties have to make for their defence. With the exception of the experts, with whom the Chamber agreed on the retribution before its appointment, the court did not regulate the amount of fees to the professionals involved.
For all purposes, the performance of professionals in any of the proceedings before the House shall be considered of an extrajudicial nature.
ARTICLE 51. Effects of the award: The consented award or the decision relapsed in the event of reconsideration shall be final, and shall result in the effect of the thing judged on matters subject to the decision of the court.
It shall have the character and effect of a court judgement, being binding.
Without prejudice to the right to promote its execution in the terms of the following article, the person concerned may request - in respect of the breacher - the application of the penalties provided for by the Regulations or Regulations of the Chamber or of the Exchange that it integrates.
ARTICLE 52. - Execution - Title: The final award shall enforce and enable the person concerned to require his or her compliance, forced in the manner provided for in the current rules, under the rules governing the enforcement of judicial decisions.
Execution may be promoted with a testimony of the award issued by the Chamber, signed by its President and Registrar, or those who will presently replace them. It shall transcribe the rules contained in this article, and in articles 51, 53 and 57 of these Rules, and shall record the date on which the award has been notified to the parties and of any other circumstances deemed relevant.
Chapter 7. - Resources
ARTICLE 53. - Irrecurribility - Exceptions: The award issued by the court will be irrecurrible. The same remedy shall not be accepted, except for those of clarification, reconsideration and unification, which shall be filed in writing and substantiated. The deadline for deduction is not common and will run independently on each side.
ARTICLE 54. - Clarification: The remedy of clarification shall be filed within the THREE (3) days of notice of the award, and shall be based on the need to correct or correct any material error, typographical, calculation or numerical, clarify dark concepts, or submit any omission in which it had occurred. Without prejudice to this, the clarifications or corrections referred to in this rule may be made ex officio by the court, provided that the substance of the decision is not altered.
The deduction of this remedy will interrupt the time limit to deduce reconsideration, until the parties are notified of the outcome of the clarification.
ARTICLE 55. - Reconsideration: The dissenting party with the award may deduce, within the CINCO (5) days of notification, a remedy of reconsideration in the manner provided for in Article 53 of these Rules, in order to re-examine the issues, confirming, modifying or revoking the award.
It establishes - as a condition of admissibility of the appeal - the payment to the Chamber of the right of demand or tariff - and eventually the fees of the arbitrators - which have been fixed on the award, and the deposit of an administrative tariff equivalent to the CINCUENTA per CIENTO (50%) of the tariff of the first instance, which shall be paid at the time of the filing of the appeal. The applicant will lose this last tariff if the award is confirmed, and will be replaced in proportional form in the event of total or partial revocation.
The issues articulated in this resource will be resolved after transfer to the counterpart.
ARTICLE 56. - Unification: This remedy will proceed when the court of one of the Arbitrary Chambers issues a first-instance award that contradicts the decision of itself or another Chamber, in a matter with which the latter maintains a substantial factual identity, which prejudices the uniformity of the arbitral precedents of grain trade.
The remedy will not be accepted when the contradiction is based on factual issues.
The party attempting to assert this remedy shall, together with the one to reconsider, make the precedent invoked, pointing out the contradiction and the grounds that justify the unification of the arbitral case law. It must also deposit - as a condition of admissibility of the remedy - an administrative tariff equivalent to CINCUENTA BY CIENTO (50%) of the tariff of the first instance, in addition to that corresponding to the reconsideration.
The Chamber before which it is filed shall, on a prior basis, pronounce itself on the admissibility of this remedy, a decision that will be irrecurrible. Without prejudice to this, the declaration of admissiblity made by the House of Origin shall not be binding on the plenary of the Chambers, which may, by majority, declare the lack of identity among the causes invoked to substantiate the contradiction.
Declared the admissibility of this remedy, the suspension of the procedure, the effects of the award and the remedy of reconsideration shall be in full law, and the House of Origin shall call the remaining to the Intercamera Meeting to unify the precedents.
The Chamber that convenes will set a date that will not exceed TEN (10) days, to make a preliminary meeting with representatives of all Chambers, in order to analyze the background.
Each Chamber shall present its verdict to the Chamber within the TEN (10) days following the preliminary meeting. It will be presented in a written and well-founded manner, with the signature of the President and Secretary and with the demonstration of having been approved by the competent institutional body in a regulatory manner. Without prejudice to the considerations that each Chamber deems, the verdict must specify its vote by one of the DOS (2) awards in contradiction.
The plenary decision will be adopted by a majority of the Chambers and will be expressed with transcription of the complete verdicts of all the Chambers and the final conclusion arising from the recount of the votes. Having a couple of Houses and in the event that a majority cannot be established, a new Intercamera Meeting will immediately be convened - to be held within the CINCO (5) following days - for the purpose of resolving the issue. If equality still persists, the first of the DOS (2) contradictory awards will be maintained as a whole.
The application of the criterion determined in accordance with the preceding paragraphs shall be mandatory for the Chamber which convened the plenary, which shall resolve - on that basis - the suspended reconsideration - within the next fifth day.
The award thus dictated will be definitive and not subject to any other remedy.
An appeal for unification against the award issued by the Chamber may be deducted in the absence of reconsideration that modifies the primitive award and thus produces a contradiction with another precedent. In this case, the declaration of admissibility of this remedy shall give full effect to the rehabilitation of the Court ' s jurisdiction to issue a new award, applying the criterion arising from the plenary.
Where there are cases which, by their generalization, transcendence or importance, made it appropriate to establish a uniform case law or the possibility that contradictory awards may be pronounced on matters submitted for consideration by the Chambers, they may be invoked for the purposes provided for in this article. It will suffice for that to request no less than half of the Chambers.
ARTICLE 57. - Nulity: Without prejudice to the general principle established in article 53 of these Rules, it may be required - before the competent judicial body of the place of the arbitral tribunal - the nullity of the final award within the CINCO (5) days of notice, in the form and for the grounds provided for in the existing legal rules (the ones to be construed as restrictive) and, exceptionally, when the award has manifestly violated provisions of public order.
The legal approach to nullity shall only proceed after the exhaustion of all the remedies authorized by this Regulation, provided that the party intending to do so has unequivocally raised the case in which it is founded, at the first procedural opportunity in which it has been presented, allowing the court to rule on it.
In any case, declared the invalidity of the award, the judge will revert to the arbitral tribunal in order to issue a new award as prescribed by the court ruling.
The legal challenge for nullity shall not suspend the enforcement of the award unless this effect is expressly attributed by law.
In cases where the challenge is not brought before the Chamber itself, it is considered a burden of the applicant to communicate to the court the filing of the challenge - denouncing his residence - within the VEINTICUATRO (24) hours of deduction.
PART IV. - COMPLEMENTARY AND TRANSITORY PROVISIONS
ARTICLE 58. - Application of the Regulations: It is understood, without admitting evidence to the contrary, that the parties know and accept in their entirety the Rules and in particular the present Regulations and their complementary rules, being improper any joint that is intended to be based on their ignorance. Likewise, it is understood that by subjection - express or tacit - to the intervention of the House renounce any other jurisdiction or jurisdiction. This provision shall also apply to all who participate - in any capacity - in the proceedings before the Chamber.
ARTICLE 59. - Sanctions: The party that resists, in an unwarranted manner, the fulfilment of the obligations arising from a firm award shall be liable to the penalties provided for in the Regulations or Regulations of the Chamber or of the Stock Exchange that it integrates.
The Director of Procedure may also draw attention to those who in any way impede the proceedings, act with notorious bad faith, or do not keep in the proceedings the style and respect they must have.
When an associate of the Chamber (or the Stock Exchange that it integrates) incurs in any of the above-mentioned conducts, the same may be considered as a lack of its obligations to the entity, the Director of Procedure must raise the issue to the Board for the purposes of the eventual application of the statutory sanctions.
When the same is not associated with the Chamber or the Stock Exchange that it integrates, it may communicate its attitude to the entity or professional association to which it belongs, and to all those entities that the Chamber itself determines for its purposes.