THE ECDR ARBITRATION RULES

 

 

Article 1

 

These rules govern the arbitration procedure, when it is administratively managed by the ECDR and when the parties have agreed to apply these rules.

 

It is considered that the parties agreed on the use of these rules whenever they have agreed, either before or after the rise of the dispute, to resolve all or individual factual or legal issues in arbitration at the ECDR, even without stating the applicability of these rules.

 

These rules define the powers and the duties of the ECDR.

 

For the purposes of these rules “the parties” mean the parties to the arbitration procedure and their authorized representatives.

 

 

Article 2

 

Unless these rules or any other ECDR rules provide otherwise, The Arbitration Act is applied in ECDR Arbitration over domestic disputes.

 

The parties may agree on different arbitration rules, which are not determined by these rules, provided that they are in compliance with the applicable legislation. The parties have to inform the ECDR in writing about the agreed procedural rules. It is assumed, that the agreed procedural rules are enforceable as if they were determined by these rules.

 

 

Article 3

 

Unless otherwise agreed by the parties, the UNCITRAL Arbitration Rules apply in international and cross-border commercial disputes, with an exception of appointment of arbiters, for which the provisions of Slovenian Arbitration Act apply.

 

The dispute is considered to be international or cross-border if:

a)    the parties to the agreement to arbitration have, at the time of the conclusion of the agreement, their places of business in different countries, or

b)    the country, in which the parties have their place of business, is different from either the country, in which a substantial part of the obligations of the commercial relationship is to be performed or the country with which the subject matter of the dispute is closely connected.

 

If a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement.

 

If a party does not have a place of business, reference is to be made to the party’s domicile or habitual residence.

 

The UNCITRAL Arbitration rules also apply when the parties explicitly agree that arbitration is international or cross-border or opt for applicability of UNCITRAL Arbitration rules.

 

 

 

Article 4

 

If any provision of these rules or the arbitration rules, agreed by the parties, is in conflict with the applicable law, the relevant provisions of the applicable law are used and the rest of the provisions of these rules remain in force.

 

 

Article 5

 

It is assumed that the Arbitral Proceedings at the ECDR commence when the ECDR in writing confirms one of the following facts:

a)    receipt of an arbitration agreement, concluded after the rise of the dispute, sent from all the parties to the dispute, which provides for the ECDR arbitration rules, or provides for the ECDR to administratively manage the proceedings; or

b)    receipt of a request for commencement of arbitral proceedings and a written contract arbitration clause, concluded before the rise of the dispute, which binds the parties to resolve any dispute in arbitration, administratively supported by the ECDR or conducted in accordance with the ECDR Arbitration Rules; or

c)    receipt of written confirmation of an oral agreement of the parties, to resolve their dispute in arbitration, administratively supported by the ECDR or conducted in accordance with the ECDR Arbitration Rules; or

d)    receipt of a court decision to forward the parties to the arbitration at the ECDR.

 

The ECDR issues a letter to confirm the commencement of the arbitral proceedings and states that one of the requirements from the previous paragraph has been met, that the ECDR has received all the payments required by the ECDR rules on experts’ fees and administrative costs, and that the claimant has provided contact information of all the conflicting parties together with the request for commencement of arbitral proceedings and confirmation of delivery of the request to the opposing party(ies). It is considered that the arbitral proceedings commence on the day the ECDR issues such letter. If a party is obliged to cooperate in arbitration based on a contract arbitration clause and does not fulfil such duty, the ECDR issues a written statement confirming such fact based on a request of the other party.

 

 

Distinguishing features of the arbitral proceedings at the ECDR

 

Article 6

(Accelerated arbitration proceedings)

 

The parties may agree on the applicability of the ECDR Rules on Accelerated Arbitration.

 

In the absence of a different agreement, the ECDR Rules on Accelerated Arbitration are used in all disputes, where the amount in dispute of the claim and any counter-claim does not exceed 200.000 EUR in total.

 

The following rules are in force in the accelerated arbitral proceedings:

a)    The arbitration procedure is managed by one (1) arbitrator;

b)    if the parties agreed to nominate three (3) arbitrators in the earlier arbitration agreement, the ECDR invites the parties to nominate one (1) arbitrator;

c)    if the parties do not reach an agreement on nomination of a single arbitrator within 15 days from the commencement of the arbitration at the ECDR, an arbitrator is nominated by the ECDR in accordance with the ECDR Rules on the selection of experts;

d)    Every party has a right to file one reply to the statement of claim or one reply to the statement of defence and one reply to the statement of counter-claim or statement of defence to the counter-claim;

e)    The Arbitrator renders an Arbitral Award following a procedure in writing, unless he or she decides that oral hearing is required;

f)     The Arbitral Award has to be rendered within six (6) months from the commencement of the arbitral proceedings, unless the ECDR in exceptional circumstances extends this deadline upon an elaborated proposal from the Arbitrator;

g)    Procedure of resolving consumer dispute in conditionally binding accelerated arbitration must be concluded within the period of 30 days from the start of the procedure, unless the parties and ECDR agree on shorter time period. Expert may exceptionally, in complex matters, extend the stated time period but not for more than additional 30 days

h)    The Arbitral Award in accelerated arbitration contains shortened reasoning, unless the parties agree that the reasoning is not needed.

 

 

Article 7

(Arbitration within monetary constraints)

 

The parties may at any time before the Arbitral Award is rendered agree in writing on Arbitration within monetary constraints by setting the minimum and the maximum amount of money, which can be ordered to pay by the Arbitral Award. The parties have to notify and deliver such an agreement to the ECDR in time.

 

The ECDR shall not inform the arbitrator or the arbitral senate about the agreed monetary constraints nor the agreement itself until all the parties approve of it. The Arbitrator or the arbitral senate is obliged to render an award in accordance with these rules.

 

If the arbitral award orders payment of an amount, which meets the agreed minimum and maximum amount, such an award is final, legally binding and enforceable. If the arbitral award orders payment of an amount, which is lower than the agreed minimum, the arbitrator alters the award in a way that it orders to pay the minimum agreed amount. If the arbitral award orders payment of an amount, which is higher than the agreed maximum, the arbitrator alters the award in a way that it orders to pay the maximum agreed amount.

 

 

Article 8

(Arbitration with a last offer possibility)

 

Any party may at any time before the arbitral award is rendered notify the ECDR in writing about their final offer, which they are willing to accept or pay and they reasonably believe that it meets the standards, decisive for the Arbitral Award to be rendered.

 

If an oral hearing is scheduled, a party needs to make such notification to the ECDR at least 7 days before the hearing.

 

This rule is only in force, if the parties agreed to it in writing.

 

The ECDR immediately presents the Arbitrators with a copy of the final offer, unless the parties agreed, that the offer should not be made known to the Arbitrators. The parties may at any time before the arbitral award is rendered or before the end of oral hearings, if they are scheduled, exchange their written last offers, overriding their previous offers. The ECDR immediately present the Arbitrators with the revised copies, unless the parties have agreed otherwise.

 

If the Arbitrators were notified about the last offer in writing, they are required to choose one of the offers, which is the most reasonable and meets the standards of decision-making in an arbitral procedure.

 

The Arbitral Award, rendered in accordance with this rule, does not need to include reasoning.

 

If the Arbitrator was not notified about the last offers and consequently, the rendered Arbitral Award differentiates from the exchanged last offers between the parties, the Arbitrator alters the Arbitral Award in a way to order payment of the amount of money as suggested in the last offer, which is closer to the amount of money ordered by the rendered Arbitral Award.

 

 

Article 9

(Principle of confidentiality in Arbitration)

 

Unless the applicable law determines otherwise, the parties and the arbitrators are not allowed to disclose the content or the outcome of Arbitration without prior written consent of all parties of the Arbitration proceedings, except insofar such disclosure is necessary for enforcement of arbitral award.