北京仲裁委员会

法国里尔工商会调解和仲裁院调解规则

发布时间: Wed Apr 16 00:00:00 CST 2008   供稿人:

法国里尔工商会调解和仲裁院调解规则

 

 

Article 1

At the request of the parties, CAREN entrusts a mission to a mediator, whom it has approved or selected, to find an amicable solution to the dispute.

The dispute must be of a trading or mixed nature, that is to say it must concern either two people who are traders or one trader and one person who is not a trader.

Article 2

CAREN's competence in the matter is the result of either a clause inserted in a contract, or a special mediation agreement.

Article 3

There is only one mediator. Unless the parties agree to select a person from the list prepared by CAREN, the latter will nominate the mediator.

Article 4

After consultation with the parties and their advisers, the mediator prepares the time schedule and all the other procedural methods. The procedure must not last longer than three weeks from the date of nomination of the mediator. In exceptional cases, this period may be extended once only.

Article 5

All the persons taking part in the mediation must respect its confidential nature. If the mediation should fail, they may not make use in any way of any of the statements, opinions, suggestions, declarations or proposals of whatever nature expressed during or on the occasion of the mediation.

Article 6

The fees of the mediator are fixed by agreement between the mediator and the parties within the framework of a schedule of rates established by CAREN.

If there is any disagreement these fees will be fixed by the CAREN.

At the time of the nomination of the mediator, the parties must each deposit a provisional amount decided upon in the same manner.

The administrative expenses of CAREN are fixed in accordance with the same schedule of rates.

Unless otherwise agreed, the fees and expenses are paid in equal shares by the parties at the end of the mediation.

Article 7

The mediation may end in one of the following ways :

   by an agreement being reached between the parties. In this case a written document is prepared which specifies the terms of the agreement and is signed by the parties and the mediator. An original of the signed document is sent to the secretariat of CAREN;

   by a decision of the mediator, if he decides that the mediation is unlikely to have a favourable issue;

   by a written declaration of one of the parties, in which case the party making the declaration must pay the fees and expenses incurred up to the date of his decision.

In all instances, the mediator must notify CAREN without delay. Depending on the agreements reached previously between the parties, CAREN starts the arbitration procedure or proposes it to the parties.

The mediator may not be designated as arbitrator in the same dispute.

 

因本合同引起的或与本合同有关的任何争议,均提请北京仲裁委员会/北京国际仲裁中心按照其仲裁规则进行仲裁。仲裁裁决是终局的,对双方均有约束力。
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