Rules Applicable to the Proceedings - Article 2 - Chamber of Arbitration of Milan Rules: A Commentary

CHARLES JARROSSON is a former Member of the Arbitral Council of the Chamber of Arbitration of Milan and is Professor at the University of Paris II Panthéon-Assas where he teaches Arbitration and ADR and manages the post-graduate Master Litigation, Arbitration & ADR. He is also a visiting professor in various foreign universities, especially in Lebanon. He is editor in chief of the Revue de l’arbitrage. As an arbitrator he has a great experience in arbitration proceedings, ad hoc or institutional (ICC, ICSID, Chamber of Arbitration of Milan…) held in Italian, English and French. He also has experiences in mediation and other ADRs.

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Originally from Chamber of Arbitration of Milan Rules: A Commentary

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1. The arbitral proceedings shall be governed by the Rules, by the rules agreed upon by the parties up to the constitution of the Arbitral Tribunal if consistent with the Rules, or, in default, by the rules set by the Arbitral Tribunal.

2. In any case, mandatory provisions which are applicable to the arbitral proceedings shall apply.

3. In any case, the principles of due process and equal treatment of the parties shall apply.

1. Introductory remarks: recognition of the parties’ autonomy

1.1. The reference to “rules applicable to the proceedings” refers only to the rules applicable to the proceedings conducted before the arbitrators; are therefore set aside the rules governing the relations between arbitrator and state judge, either during the arbitration proceedings or after the proceedings have come to an end. The principle, with respect to the rules applicable to international arbitration proceedings, is one of autonomy of the parties, who are not subject to the application, in the course of the arbitration proceedings, of the local rules implemented for proceedings before the state courts,1 although the law applicable at the location of the seat of the arbitration may in some cases be applicable.

Table of Contents:

1. Introductory remarks: recognition of the parties’ autonomy.
2. The reference to arbitration rules.
3. Presumed completeness of arbitration rules and model-clause
4. Specific rules added by the parties: a principle of freedom, but a necessity for consistency
5. Residual role of the Arbitral Tribunal
6. Double limitation of the autonomy of the parties and of the freedom of the arbitrators –
7. Mandatory provisions applicable to the arbitral proceedings
8. The principles of due process and equal treatment of the parties.