Court of Arbitration
The Court of Arbitration of the European Chamber of Digital Commerce plays a crucial role in today’s digital world. The appeal and quality of this independent arbitration institution are as valued today as ever. Fairness, even when there is a dispute, has always been this business tradition which continues to be observed in Europe, making the region so prominent as an arbitration location.
Advantages
- Unlike in court, parties can select an arbitrator with an appropriate degree of practical experience. The Court of Arbitrage has a list of arbitrators who are experts in the field of digital commerce.
- Arbitration is faster than litigation in court, and a time limit can be placed on the length of the process.
- Arbitration is cheaper and more flexible, more commercial and less formal than court.
- Unlike court rulings, arbitration proceedings and arbitral awards are confidential.
- Unlike in court, there are very limited avenues for appeal of an arbitral award, which limits the duration of the dispute and any associated liability.
- Due to the provisions of the New York Convention 1958, arbitral awards are easier to enforce in other nations than court judgments.
- The Court of Arbitration is located at Schiphol Airport, which is easy to reach.
- The Court of Arbitration applies UNCITRAL Arbitration Rules of the United Nations Commission on International Trade Law which meet international legal standards. The rules are concise and easy to understand, comply with current national and international legal developments, and have been published in several languages.
- Unless parties do not agree upon otherwise, the Court will apply the neutral UNIDROIT Principles of International Commercial Contracts to judge the dispute.
Arbitrators
The procedure is suitable for all commercial disputes and, in principle, also for disputes with or between non-businessmen. Unless parties agree otherwise, a single arbitrator will decide. If the parties cannot agree on the person of this single arbitrator, this person shall be appointed by the president of the Court. When a panel of three arbitrators shall reach the decision,, the parties each appoint one arbitrator. These in turn then agree on the person of the chairman. Here, too, in the event of issues in reaching agreement, a neutral appointment can be undertaken by the president of the Court.
Facilities
At Schiphol Airport, several representative meeting and conference rooms for up to 40 persons are available for hearings and meetings. It goes without saying that technical facilities, internet access and support from in-house IT specialists form part of our standard service along with catering, secretarial services, cloakrooms and assistance with travel and accommodation. Interpreters, video conferencing, minute-taking and recording of hearings can be arranged at short notice. Parking spaces are also available.
Procedural Costs
Costs for arbitration proceedings can be calculated quickly and simply with the assistance of our fees schedule (see below). It includes all arbitrator fees and the lump sum expenses charged by the European Chamber of Digital Commerce for administering the proceedings. It does not include any costs accruing to the parties such as travel, accommodation, legal costs or any additional expenses such as for expert reports or opinions.
Procedural Rules
The Court applies the latest version of the UNCITRAL Arbitration Rules for the conduct of arbitral proceedings. These rules provide a comprehensive set of procedural rules upon which parties conduct arbitral proceedings arising out of their commercial relationship and are widely used in ad hoc arbitrations as well as administered arbitrations. The Rules cover all aspects of the arbitral process, providing a model arbitration clause, setting out procedural rules regarding the appointment of arbitrators and the conduct of arbitral proceedings, and establishing rules in relation to the form, effect and interpretation of the award.
Applicable Law
Unless parties do not agree upon otherwise, the Court will apply UNIDROIT Principles of International Commercial Contracts to judge the dispute. The UNIDROIT Principles of International Commercial Contracts, first published in 1994, represent a non-binding codification or “restatement” of the general part of international contract law. Welcomed from their first appearance as “a significant step towards the globalisation of legal thinking”, over the years they have been well received, not only by academics, but also in practice as demonstrated by the numerous court decisions and arbitral awards rendered world-wide that refer in one way or another to the UNIDROIT Principles.
Arbitration Clause
In drawing up contracts, the Court of Arbitration of the European Chamber of Digital Commerce recommends parties to include the following arbitration clause:
Parties agree that they shall attempt to resolve any dispute arising from this Agreement through mediation using one mediator, appointed by the President of the Court of Arbitration of the European Chamber of Digital Commerce. If mediation is not successful, the dispute shall be exclusively and finally settled under the UNCITRAL Arbitration Rules by one arbitrator, appointed by the President of the Court of Arbitration of the European Chamber of Digital Commerce. The language to be used in the arbitral proceedings shall be English. This Agreement shall be governed by the latest UNIDROIT Principles of International Commercial Contracts and, with respect to issues not covered by such Principles, by generally accepted principles of international commercial law.
Court of Arbitration of the European Chamber of Digital Commerce, 2022