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Chamber of Arbitration of Milan Rules

Chamber of Arbitration of Milan Rules A Commentary

Name: Chamber of Arbitration of Milan Rules
Brand: Juris Publishing
SKU: 9781933833-996
Price: 1500.00 HKD
Availability: OutOfStock
Author: Ugo Draetta; Riccardo Luzzatto
ISBN: 9781933833-996

Edited by Ugo Draetta · Riccardo Luzzatto

Juris Publishing April 2012

Specifications

ISBN-13: 9781933833-996
Publisher: Juris Publishing
Publication: April 2012
Format: Paperback , 800 pages
Jurisdiction: International ? Countri(es) for reference only

Details

The Chamber of Arbitration of Milan Rules: A Commentary is a Guide to the 2010 revision of the Arbitration Rules of the Arbitration Chamber of Milan (CAM). The Guide consists of article-by-article commentary on the Rules, made by prominent scholars and arbitrators, both Italians and non Italians.

CAM started its activities in the administration of domestic and international arbitrations more than 20 years ago. It has a case load of about 150 new cases per year.

About the Editors and the Authors

Introduction
Ugo Draetta e Riccardo Luzzatto

Foreword
Vittorio Colesanti

PREAMBLE
THE CHAMBER OF ARBITRATION

Model clause
Michael McIlwrath

Tasks and Bodies of the Chamber of Arbitration
Luigi Fumagalli

The Arbitral Council
Stefano Azzali

The Secretariat
Stefano Azzali

I - GENERAL PROVISIONS

Art. 1 - Scope of the application
Andrea Carlevaris

Art. 2 - Rules applicable to the proceedings
Charles Jarrosson

Art. 3 - Rules applicable to the merits of the dispute
Sergio M. Carbone

Art. 4 - Seat of the arbitration
Charles Jarrosson

Art. 5 - Language of the arbitration
Manlio Frigo

Art. 6 - Filing and sending of the acts
Domenico Di Pietro

Art. 7 - Time limits
Domenico Di Pietro

Art. 8 - Confidentiality
Piero Bernardini

II - COMMENCEMENT OF THE PROCEEDINGS

Art. 9 - Request for arbitration
Michael McIlwrath

Art. 10 - Statement of defence
Michael McIlwrath

Art. 11 - Admissibility of the arbitration
Andrea Carlevaris

Art. 12 - Lack of jurisdiction of the Arbitral Tribunal
Andrea Santini

III - THE ARBITRAL TRIBUNAL

Art. 13 - Number of arbitrators
Laura Salvaneschi

Art. 14 - Appointment of the arbitrators
Laura Salvaneschi

Art. 15 - Appointment of the arbitrators in multy-party arbitration
Laura Salvaneschi

Art. 16 - Incompatibility
Rinaldo Sali

Art. 17 - Acceptance by arbitrators
Rinaldo Sali

Art. 18 - Statement of independence and confirmation of arbitrators
Rinaldo Sali

Art. 19 - Challenge of arbitrators
Claudio Consolo - Marcello Stella

Art. 20 - Replacement of arbitrators
Chiara Giovannucci Orlandi

IV - THE PROCEEDINGS

Art. 21 - Constitution of the Arbitral Tribunal
Alberto Malatesta

Art. 22 - Powers of the Arbitral Tribunal
Michele Patocchi - Paolo Marzolini

Art. 23 - Orders of the Arbitral Tribunal
Michele Patocchi - Paolo Marzolini

Art. 24 - Hearings
Michele Patocchi - Paolo Marzolini

Art. 25 - Taking of evidence
Alberto Mazzoni

Art. 26 - Experts
Filippo Corsini

Art. 27 - New claims
Claudio Consolo - Albert Henke

Art. 28 - Conclusions
Albert Henke

Art. 29 - Settlement and withdrawal
Manlio Frigo

V - THE ARBITRAL AWARD

Art. 30 - Deliberation, form and contents of the award
Antonio Crivellaro

Art. 31 - Filing and notification of the award
Antonio Crivellaro

Art. 32 - Time limit for filing the final award
Antonio Crivellaro

Art. 33 - Partial award and interim award
Alexis Mourre - Antonio Musella

Art. 34 - Correction of the award
Alexis Mourre - Antonio Musella

VI - COSTS OF THE PROCEEDINGS

Introduction to the Chapter VI
Benedetta Coppo

Art. 35 - Value of dispute
Benedetta Coppo

Art. 36 - Costs of the proceedings
Benedetta Coppo

Art. 37 - Advance and final deposits
Benedetta Coppo

Art. 38 - Failure to deposit
Benedetta Coppo

VII- PROVISIONAL PROVISIONS

Art. 39 - Entry into force
Andrea Santini

Annexe A

Criteria for determining the value of the dispute
Valentina Renna

Annexe B

Fees of the Chamber of Arbitration: included and excluded activities
Benedetta Coppo

Code of Ethics of Arbitrators

Code of Ethics of Arbitrators
Chiara Giovannucci Orlandi

Appendix

The Arbitration Rules of the Chamber of Arbitration of Milan

Schedule of Fees

Bodies and Members of the Chamber of Arbitration of Milan

The Arbitration Rules of the Chamber of Arbitration of Milan
(Italian official text)

Italian Law on Arbitration (Code of Civil Procedure art. 806-840)

Bibliography on Institutional Arbitration
By Studies and Documentation Centre G. Schiavoni

About the Author

About the Editors:

Ugo Draetta is Professor of International Law at the Catholic University of Milan, Italy. As an international arbitrator, he has acted in over 50 arbitration proceedings. Mr. Draetta is former Vice President and Senior Counsel -- International -- for General Electric Co. (USA); member of the Scientific Committee of the Italian Arbitration Association; member of the Board of editors of the Revue de droit des affaires internationales/ International Business Law Journal, published by Sweet & Maxwell.

Riccardo Luzzatto is a full Professor of Public and Private International Law at the State University of Milan. Mr. Luzzatto is a co-editor and member of the Scientific Committees of many Italian and foreign legal reviews; member of the Institut pour l'Arbitrage International (Paris); member of the Scientific Committee of the Italian Arbitration Association (AIA); member of the List of Arbitrators of Wiener Internationales Schiedsgericht (WIS); and is a lecturer in many fields, including arbitration, international trade law, international law, EU law. Mr. Luzzatto also serves as an Arbitrator in many arbitration cases, mostly international.

Contributors Include:

Stefano Azzali
Piero Bernardini
Sergio M. Carbone
Andrea Carlevaris
Vittorio Colesanti
Claudio Consolo
Benedetta Coppo
Filippo Corsini
Antonio Crivellaro
Domenico Di Pietro
Manlio Frigo
Luigi Fumagalli
Chiara Giovannucci Orlandi
Albert Henke
Charles Jarrosson
Alberto Malatesta
Paolo Marzolini
Alberto Mazzoni
Michael Mcilwrath
Alexis Mourre
Antonio Musella
Paolo Michele Patocchi,
Valentina Renna
Rinaldo Sali
Laura Salvaneschi
Andrea Santini
Marcello Stella

Reviews

"It is a privilege to have the opportunity to add a few words of introduction to this Commentary upon the Rules of the Chamber of Arbitration of Milan. In the last decade, the Milan Chamber has established itself among the leading European arbitration centres. This English language Commentary and its appendices set out the functions, procedures and cost structures of the Chamber in a clear and readily accessible manner. It is a particular pleasure to see that among its contributors are not only distinguished and instantly recognizable names, but some of the rising generation of exceptional practitioners and academics in Italy, who are now making their mark in international arbitration and whom the Chamber has done much to encourage. My congratulations to all of the contributors, to the Editors, Ugo Draetta and Riccardo Luzzatto, and to the Chamber of Milan."

-John Beechey, President of the ICC International Court of Arbitration, Paris

"As arbitration was becoming the customary way of resolving commercial disputes, in particular in the field of international relations, new arbitral institutions appeared as mushrooms after a rainy night. Yet, only few of them play in the first league. Under the guidance of an experienced Arbitration Council, the impulse of a dynamic Secretariat and the intellectual support of its Club of Arbitrators, the Chamber of Arbitration of Milan found its place in that group, originally in Italy and, progressively, at the international level as well. This explains why this book which provides the reader with an authoritative presentation of the Chamber, its rules and its practice is necessary to any person interested, professionally and/ or intellectually, by arbitration."

-Yves Derains, Derains Gharavi, Paris

"The new commentary on the rules of the Chamber of Arbitration of Milan is a value added shining light on a first rate set of arbitral rules. The authors are a veritable "Who's Who" of Italian Arbitration Law, and their collective insights not only bring the rules to life, but also provide helpful instruction as to when the national law takes precedence over the rules.

It is especially fitting that an institution of the stature and reach of the Milan Chamber should have such a qualitative guide to the Italian arbitral process."

-William K. Slate II, President and CEO, American Arbitration Association

"The commentary herein on the rules of the Chamber of Arbitration of Milan is invaluable considering the rising profile of the Chamber as an arbitral institution. The Chamber hears a substantial number of cases every year, often involving non-Italian parties, and is rapidly gaining a reputation as the preferred arbitral institution for Mediterranean Basin arbitrations. This is an important niche in an increasingly globalised economy. Practitioners involved in arbitrations before the Chamber will doubtless find this a very useful text. "

-Prof. Hans van Houtte, President Iran - United States Claims Tribunal, The Hague

"The Chamber of Arbitration of Milan is recognised not only as the leading arbitral institution of Italy, but among the leading institutions worldwide. The publication of the Chamber's new rules of arbitration in 2010 was, therefore, an important event, and the excellent commentary edited by Ugo Draetta and Riccardo Luzzatto is a most welcome work of reference, and source of understanding, not only for parties arbitrating under the Chamber's rules, but also for contracting parties considering the arbitration options, and for practitioners and academics more generally. With an outstanding list of contributors, I have no doubt that this volume will, deservedly, take its place alongside other key reference works in the field"

-Adrian Winstanley, Director General, The London Court of International Arbitration, London

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