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La CAREN ouvre une antenne à Gand (Aout 2014)

Le 27 aout 2014, la CAREN a implanté à Gent une ...

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Arbitration and conciliation

Arbitration and conciliation

Your business leads you to enter into agreements outside your borders and you are faced with a dispute?

You have a confidentiality problem to seek a solution to your tense relationships with a (business) partner or with a supplier?

Arbitration is the modern and alternative method of settlement for your professional and commercial disputes.

Arbitration, an alternative way to solve disputes

Arbitration is an alternative method of dispute settlement by a tribunal composed of one of more individuals who get their authority from the agreement of the parties.

Arbitration is a private and conventional jurisdiction:

 

·        justice because the award rendered has the same effects than a judgment, and is enforceable in all European countries, and in most countries in the world

·        private justice as the parties choose their own judge

·        a conventional justice as the parties are free to decide the trial boundaries, the applicable law and the procedural deadlines

·        furthermore, its decisions (arbitral awards)  are subjected to a strict confidentiality.

 

Secure arbitration by the CAREN

 

The freedom of the parties in these various options, implies that there exist default rules in order to avoid a blockage in case of disagreement.

The arbitral award can for instance be set aside in the event of failure to comply with the time limit, or if the award is contrary to public order.

Also, it is prudent that the arbitrators' fees are fee-based and under the control of an arbitration body.

The CAREN Arbitration Rules and the control carried out by its Arbitration Committee are there to secure arbitration by ensuring its smooth and efficient functioning, and by protecting it from procedural irregularities and mistakes, and hence from cases of annulment.

The CAREN has been carrying out this function of regulator and controller of arbitration for 20 years. None of the awards rendered with the CAREN's approval has since then been set aside by the Court of Appeal.

The "Dictionnaire Permanent du Droit des Affaires" names four arbitration bodies: two in Geneva, one in Paris, and the CAREN.

The CAREN is a powerful tool available to companies and theircounsels (lawyers).

In order to secure your arbitrations, it is up to you to include in your contracts the CAREN arbitration clause:

 "The parties hereby agree to have any dispute arising out of the present contract or related thereto settled by means of arbitration in accordance with the rules of the CAREN."

 

 

Conciliation in arbitration

·        Throughout the arbitration procedure, the parties may, themselves or at the initiative of the arbitral jurisdiction,conciliate on all of part of the disagreement.

·        The content of the agreement, even partial, is recorded in minutes signed by the parties and forwarded to the arbitral jurisdiction without delay.

·        The arbitral jurisdiction may, on demand of one or several of the parties, pronounce a sentence, the terms of which will be derived from their agreement. It is signed by the arbitrators.