Ad hoc arbitration
Assistance in organising ad hoc arbitration
Art. 85 - (1) In the event of ad hoc arbitration organized by the parties for resolving a defined dispute, the Arbitration Court for Transport may provide assistance, following a joint request of the parties or a request of one of the parties that is subsequently accepted by another party, formally submitted in writing and subject to payment of the arbitration fees, pursuing Section VII of this Code.
(2) The assistance of the Arbitration Court for Transport for ad hoc arbitration consists of the following actions or a subset of the following actions, according to the agreement between the parties:
a) appointment of arbitrators or super-arbitrators in accordance with the arbitration agreement and this Arbitration Code, as well as validating the completion of formalities towards the constitution of the arbitration court, and also the evaluation of the arbitrators' fees;
b) provision of this Arbitration Code to the parties as well as a non-compulsory list of arbitrators;
c) provision of data, information or documents related to doctrinal and jurisprudential solutions on certain legal issues, following an arbitrator request;
d) provision of the secretariat services of the Court of Arbitration for Transport, including the receipt, registration and maintenance of correspondence, summoning of the parties, provision of documents and notifications to the parties and the arbitrators, keeping minutes of the hearings, creation, preparation and registration of documents and other assistance necessary to duly organise arbitration;
е) provision of an appropriate venue for arbitration;
f) control and assistance to the arbitration in order to assure duly organised procedure and obey the deadlines;
g) review, at the request of the arbitration court and the parties, the form and other procedural aspects of the draft arbitration award without impeding the freedom of decision of the arbitrators.
Competence of the Board of the Arbitration Court for Transport
Art. 86 - If the parties opt to follow the UNCITRAL Model Law on International Commercial Arbitration as the rules applicable to resolution of their disputes with assistance of the Arbitration Court for Transport, the right to appoint arbitrators is reserved to the Board of the Arbitration Court for Transport, unless otherwise agreed by the parties.
