ECAS arbitration procedures are adopted in accordance with secure and organized steps to guarantee efficiency, speed and discretion in the arbitration process. The procedures cover all the details starting from the notice of arbitration and the designation of the arbitral tribunal, through the pleading sessions and up to the issuance of the arbitral award.
Parties shall agree in writing to settle the disputes arising between them through arbitration.
Parties may agree to resort to arbitration before or after the dispute has arisen,in such case,the agreement must specify the issues subject to arbitration.
2-Notice of Arbitration
Submission of the notice of arbitration
The claimant starts the arbitration process by sending the notice of arbitration to the center. The center shall then notify the other party upon receiving it.
The Response to the notice of arbitration
The respondent must reply to the notice of arbitration within 30days of its receipt, to be immediately sent by the center to the claimant.
3- The Arbitral Tribunal
Appointment of Arbitrators
Parties are free to choose their arbitrators, taking into account that their number must be odd.
In case the parties did not agree ,the center shall undertake the formation of the arbitral tribunal within 30 days from receiving the appointment request submitted by one of the parties.
B- Number of arbitrators
Where the parties have agreed that the dispute shall be resolved by a sole arbitrator, they may, by agreement, choose the sole arbitrator. If the parties fail to nominate a sole arbitrator within 30 days from the date when the claimant’s Request for Arbitration has been received by the other party, the sole arbitrator shall be appointed by the center. If the parties agree that the arbitral tribunal shall be formed of three arbitrators,each party shall appoint one arbitrator ,and the two appointed arbitrators shall appoint the third arbitrator who will act as the presiding arbitrator of the arbitral tribunal.
C- Disclosures, removal and challenge of arbitrators
- The appointed arbitrator shall accept the arbitration mission in writing and shall submit a written declaration that proves his impartiality and independence within a week from being notified of his appointment.
The appointed arbitrator shall refrain from making any connections with the disputed parties throughout the arbitration process. In case of any communications ,the arbitrator shall inform the rest of the parties.
Challenge of arbitrators:
Any arbitrator may be challenged if any circumstances give rise to justifiable doubts concerning his impartiality or independence,this shall be made as following:
Party that intends to challenge an arbitrator shall file with the Center a written notice of its challenge within 15 days after it has been notified of the appointment of the challenged arbitrator, or within 15 days after the circumstances justifying the challenge became known to that party.
The notice of challenge shall state the reasons for the challenge.
The Center shall communicate the notice of challenge to all other parties, challenged arbitrator and to the other arbitrators.
The challenge shall be finally decided by an impartial and independent tripartite ad-hoc committee to be composed by the Center from among the members of the Advisory Committee.
4- The Applicable Procedures
The Venue of Arbitation:
If the parties have not previously agreed on the place of arbitration, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case. The award shall be deemed to have been rendered at the place of arbitration.
The Language of Arbitration:
In the absence of an agreement by the parties, the arbitral tribunal shall, promptly after its appointment, determine the language or languages to be used in the proceedings.
The Applicable Law: In the absence of the parties' agreement the parties, the arbitral tribunal shall, apply the law closely related to the dispute taking into account the terms and conditions of the contract concluded by the parties.
5- The Hearings
A- Commencement of hearings
The arbitral tribunal shall -upon the request of one of the parties-hold one or more sessions to plead and hear witness.
If the arbitral tribunal decides to hold a hearing it shall notify the other parties of the date
of the hearing by one weak in advance.
B- Closure of hearings
The arbitral tribunal may inquire of the parties if they have any further proof to offer or witnesses to be heard or submissions to make and, if there are none, it may declare the hearings closed.
6- The Arbitral award
A-Form and Effect of the award
All awards shall be in writing and shall be final and binding on the parties. The parties shall carry out all awards without delay.
The arbitral tribunal shall state the reasons upon which the award is based,' unless the parties have agreed otherwise.
The award shall be signed by the arbitrators and it shall indicate the dateof issuance, and the place of arbitration.
B- The services of the Center
After the issuance of the Arbitral Award ,the center -upon the request of either
parties-may: Correct the award, Interpret the award or issue an additional award.
C-lmplementation of the award
In order to implement the arbitral award:
1-The parties shall submit the application for the enforcement of the arbitral award to the registry of the competent court.
2-The parties shall await the expiration of the period during which the action for annulment should be filed in the court.
3-The president of the competent court issue an enforcement order of arbitral awards.
D-Annulment of the award
An action for the annulment of the arbitral award may be instituted ONLY in the following cases:
a) If there is no arbitration agreement, if it was void, voidable or its
duration had elapsed.
b) If either party to the arbitration agreement was at the time of the conclusion of the arbitration agreement fully or partially incapacitated according to the law governing its legal capacity
c) If either party to the arbitration was unable to present its case as a result of not being given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or for any other reason beyond its control.
d) If the arbitral award failed to apply the law agreed upon by the parties to govern the subject matter in dispute.
e) If the composition of the arbitral tribunal or the appointment of the arbitrators was in conflict with this Law or the parties' agreement.
f) If the arbitral award dealt with matters not falling within the scope of tthe arbitration agreement or exceeding the limits of this agreement. However, in the case when matters falling within the scope of the arbitration can be separated from the part of the award which contains matters not included within the scope of the arbitration, the nullity affects exclusively the latter parts only.
g) If the arbitral award itself or the arbitration procedures affecting the award contain a legal violation that causes nullity.