ECOMET Arbitration Procedure
A Disputes between Third Parties and one of the Members of ECOMET.
1. A complaint can be filed by any Third Party against any of the Members with the Member in question or with the
ECOMET General Assembly either through the President of the General Assembly or the Chief Executive.
When the complaint is received by a Member, the ECOMET General Assembly will be informed in due course by the Member concerned.
2. During one month after the receipt of the complaint, both parties
will try to settle the dispute through mediation. An independent
mediator, jointly chosen by both parties, will oversee the settlement
attempt.
3. In case of failure of the mediation effort, a resolution of the
dispute shall be possible through one of the following procedures :
The choice will be made in mutual agreement between the parties. With regard to licence agreements between a
Member and a Third Party, as referred to under Rule 6.D, parties shall make an explicit choice between an
arbitration procedure (option 1), or a court procedure (option 2). However, if the parties fail to reach an agreement,
the dispute shall be resolved through arbitration, without prejudice to the exceptions provided in Rule C(4).
4. The outcome of the dispute resolution under the auspices of a designated arbitration tribunal or pursuant to a
decision of the relevant court shall be binding on the parties.
| 1. Arbitration by designated arbitrators in accordance with sections B and C; or | |
| 2. Any civil court with jurisdiction over the dispute. |
B Scope of arbitration
1. The scope of complaints open for arbitration shall be limited to the application of ECOMET
rules regardless of whether the dispute is of a contractual or a non-contractual nature.
2. The arbitration procedure shall not apply to disputes, including
disputes of a contractual nature, that have no bearing on the ECOMET
rules. These disputes will be governed by the procedure provided for in
the individual agreement between the parties, if any, or in the
national law governing such agreement. If the complaint concerns both
the application of the ECOMET rules and the individual agreement
between a Third Party and the Member, the arbitration
procedure shall only cover the dispute in relation to the application
of the ECOMET rules.
C The arbitration by designated arbitrators.
1. Each party shall designate within one month one arbitrator with
sufficient qualifications to resolve the matter in dispute. The
arbitrators thus chosen shall appoint within one month of the date of
their designation a third arbitrator who shall act as chairman of the
arbitral tribunal. Unless agreed otherwise, the arbitral tribunal shall
hold its sessions at ECOMET headquarters.
2. Each party shall have one opportunity to challenge the arbitrator
chosen by the other party on the basis of a reasoned opinion in case of
a justified suspicion of partiality which is liable to endanger the
legitimacy and impartiality of the ruling. The choice of an arbitrator
on behalf of ECOMET will be decided between the General Assembly and
the Member in question.
3. Within a period of three months which may be extended by unanimous
agreement, the arbitral tribunal shall dispose of the dispute by
majority vote.
4. Without prejudice to the rules of the present IRA, the Arbitration Rules of the United Nations Commission on
International Trade Law (UNCITRAL) shall apply, unless parties decide otherwise and except in the following circumstances :
| 4.1 Disputes involving only French nationals, of which at least one is a legal person of public law, are not arbitrable according to French law and accordingly will be brought before a civil court with jurisdiction over the dispute. | |
| 4.2 With regard to disputes involving only German nationals, and in case the parties fail to agree on an arbitration procedure, the dispute shall be resolved in court according to German law. | |
| 4.3 Disputes between parties which have their habitual place of residence in a Contracting State of the Convention of Geneva of 21 April 1961 on International Commercial Arbitration (the "Convention") will be subject to the rules of said Convention. A copy of the UNCITRAL rules and of the Convention will be available for review by the parties to the dispute at the ECOMET Secretariat. |
5. In the event that a party fails to designate an arbitrator within one month following the designation of a arbitrator by
the other party, the outcome of the arbitration shall be deemed to be in favour of the party which has designated an arbitrator.
6. Pending the decision of the arbitral tribunal, none of the parties
shall undertake any action whatsoever which could effect the outcome of
the proceedings, unless such party was expressly authorized to do so by
the arbitral tribunal.
7. The costs of arbitration within the meaning of the UNCITRAL rules shall be borne by the unsuccessful party,
subject to the conditions and limits of article 38 of the above-mentioned UNCITRAL rules.
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