Advanced Search

Permanent Arbitration Court Of San Marino Republic

Original Language Title: Corte Arbitrale Permanente Della Repubblica Di San Marino

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LAW 18 March 1999 35



PERMANENT COURT OF ARBITRATION OF THE REPUBLIC OF SAN MARINO

We the Captains Regent of the Most Serene Republic of San Marino
We promulgate and publish the following law passed by the Council Great and General
its meeting on 18 March 1999.
Art. 1

Permanent Court of Arbitration 1. And the Permanent Court of Arbitration 'established with headquarters in the Republic of San Marino.
2. The Republic of San Marino recognizes the Court of Arbitration Permanent
absolute autonomy and independence in the organization and the performance of its functions and shall endeavor to make
recognize the jurisdiction even from other states, with the accession to the Convention set forth in Article 14.

Art.

2 Purpose and functions 1. The Permanent Court of Arbitration promotes, through the use of arbitration, the definition of
domestic and international disputes in accordance with the rules of this law.
2. To achieve its purpose, it performs the following functions:
a) organizes arbitration services, relating to disputes within its competence;
B) promote the dissemination of the arbitration proceedings and, for that purpose, takes place every
documentation and research, organizes conferences and study groups, promotes the conclusion of arrangements
, partnerships and joint actions with other arbitration institutions, or with
economic and business associations and other public and private bodies national and international
;
C) organizes each other useful service to the achievement of institutional goals. 3
. The Court approves, at its first meeting, a Statute and Regulations in accordance with
rules of this law.
Art. 3

Competence l. The Permanent Court of Arbitration is responsible for the settlement of disputes in civil and commercial
, except those previst by article 4, covering inter:
a) two or more private entities, individuals or juridico that, citizens or foreigners;
B) one or more private persons, natural or legal persons, nationals or foreigners, and a State which
has recognized the jurisdiction of the Permanent Court of Arbitration by
adherence to the Convention referred to in article 14. | || 2. The Permanent Court of Arbitration is also competent for the settlement of the litigation alleging
between two or more States which have recognized the jurisdiction of the same by
accession to the Convention referred to in article 14.
Art. 4
Matters excluded
1. Are excluded from the jurisdiction of the Permanent Court of Arbitration any dispute
indicated in Article 3, paragraph 1, which, in accordance with the applicable arbitration gge,
can not be submitted to arbitration, as they are being expressed from legal reserves, or those
which must be referred to authorities different under commitments made at international level.
Art. 5

composition of the Court 1. The Permanent Court of Arbitration is composed of eleven members, who are appointed as follows
:
a) four by the State Congress;
B) four by the Judicial Council of Magistrates of the Ordinary Jurisdiction;
C) three by the Order of Lawyers and Notaries.
2. Members of the Court are appointed for three years from, for each of them, from the day
of appointment and may be reappointed. In the event of termination for any cause of one of them
, replacing it it is for the Authority responsible for his appointment. 3
. The members of the Court may be citizens of the Republic of San Marino or to
any other state and are chosen from the ordinary university professors in law, the
magistrates and members to other professional bodies with at least ten years exercise.
4. They may also be appointed as members of the Court people widely known and proven international experience
.
Art. 6
administration bodies, advisory and control
1. They are Directors of the Permanent Court of Arbitration organs the President, the Vice President
, the Board of Directors and the Secretary General.
2. They are advisory bodies and control the Scientific Committee and the Board of Auditors
.
Art. 7
President and Vice President
1. The Permanent Court of Arbitration shall elect from among suoimembri the President and the Vice President,
who remain in office for three years and may be reelected, respecting in all cases the expiry term of the appointment
.
2. The President is the legal representative Dellacorte; chairs and directs the meetings of the same
and the Board of Directors. 3
. The Vice President shall exercise the powers and functional delegated by the President.
Art. 8


Board of Directors 1. The Board of Directors consists of the President and the Vice President of the Court
, who are part of law, and five external members appointed by the Court from among persons of proven experience
in legal, economic, financial and technical .
2. The Board of Directors shall hold office for three years. 3
. The Board of Directors shall exercise the functions segu nti:
a) establish the general principles of accounting and management;
B) provides for the allocation and utilization of financial resources;
C) prepares the budget and the annual report;
D) proposes the measurement of professional fees, the arbitration proceedings, the administrative fees
and related services;
E) draw up the annual report of the Court's activities;
F) establishing, if necessary, the executive bodies and coordination;
G) proposes amendments to the Statute and Regulations for approval by the Court.
4. The Board of Directors meets at least twice a year to prepare the
budget and the annual accounts, as subpage rre, together with the College
report of the Auditors, the approval of the Court.
5. The Council is convened by the President, on his own initiative or at the request of at least three components
.
Art. 9 1

General Secretary. The Secretary General is appointed by the Court Abitrale Permanente and oversees
organizational and administrative structure of the stes in.
Art. 10

Scientific Committee 1. The Scientific Committee is a consultative body with the task of studying and proposing solutions
regarding particular complexity to it subpage ste by the Court, the arbitrators, in different subjects
from those that form the subject of the present judgment, or other subjects who have requested the Court
scientific opinions on certain topics of law.
2. The Scientific Committee is composed of five components comp, appointed by the Permanent Court of Arbitration
among eminent persons of international importance with proven experience in
legal, economic, financial and technical. 3
. The members shall hold office for five years and may be reappointed.
Art. 11

Board of Auditors of Accounts 1. The Board of Auditors is composed of three members, one of which with functions
President, appointed by the Permanent Court of Arbitration between people of proven experience in the field
.
2. The members serve for three years and may be reappointed. 3
. The Board of Auditors carries out function as verification and control of accounting and
of the annual report, as well as the consistency of c ssa; write the report accompanying the
budget and the annual report to be submitted to the Court for approval.
Art. 12

Register of Arbitrators 1. The Court shall, by the Secretary General, to the estate and updating
of the Roll of Arbitrators, chosen from persons of particular and proven experience and expertise.
2. Each State Party to the Convention referred to in article 14 may designate up to five
referees.
Art. 13
Cover Financial
1. The revenue of the Permanent Court of Arbitration shall consist of:
a) income from conventions and from services rendered;
B) ordinary and extraordinary contributions of public and private entities, national and international;
C) other contributions.
Art. 14

Accession by other States 1. The provisions of this Act will be invoked by an international specification
Convention open for accession by other States.
2. Accession to the Convention imply recognition of the standards contained in the
Statute and the Regulations and the commitment to implement the decisions of the national territory
Permanent Arbitration Court of the Republic of San M rino.
Art.

15 Entry into force 1. This Law shall enter into force on the fifteenth day following that of its legal publication
.

Our Residence, this day of March 22 1999/1698 dFR

THE CAPTAINS REGENT
Pietro Berti - Paolo Bollini