发布时间： Wed Apr 16 00:00:00 CST 2008 供稿人：
法国巴黎仲裁协会调停－调解规则
ARBITRATION CHAMBER OF
RULES OF EDIATION- CONCILIATION
(In force from the 1st of March 2001)
Article 1 : Aim of the Mediation / Conciliation procedure :
Two or more parties can, when a dispute arises between them or if they have so provided in their contract, refer a matter to the Arbitration Chamber of Paris to request mediation/Conciliation.
A. The mediator aims to reconcile the parties by suggesting possible solutions to 5
resolve th conflict between them.
B/. The conciliator helps the parties to formulate an agreement which resolves their 7
dispute.
Article 2 : Enforcement of Mediation/Conciliation :
A Mediation/Conciliation application can be made during arbitration proceedings 10
or outside of any arbitration.
When a Mediation/Conciliation application is made and registered by the Secretary's office, between the arbitration application and the first summons of the affair before the arbitrators, arbitration proceedings are suspended for a period between the date of which Mediation/Conciliation is accepted until a declaration of the failure of the Mediation/ Conciliation attempt. During Mediation/Conciliation proceedings, introduced according to the conditions forseen in the preceding paragraph 1, the present rules replace the rules of Arbitration.
However, when the Mediation/Conciliation application is made after the first summons of the affair, the application is transferred to the Arbitration Tribunal who then must examine the affair according to the rules of Arbitration of the Arbitration Chamber of Paris.
The Arbitration Chamber of Paris can also consider a matter referred by one or more parties through a Mediation/Conciliation application outside of any arbitration before the aforesaid Chamber. In this case, the present Mediation/Conciliation rules apply to the Mediation/Conciliation procedure. A Mediation/Conciliation application does not interrupt the time limit in which to make an arbitration application. In all these cases, the application, which must mention the civil status or trade name and the address of the parties, must contain a summary which presents the dispute and the respective position of the parties who refer a matter to the Arbitration Chamber of Paris.
Article 3 : Reply to a Mediation /Conciliation application :
The Secretary's office of the Arbitration Chamber of Paris informs the other party of the Mediation/Conciliation application and fixes a time limit of 10 days to receive the acceptance or refusal to attempt Mediation/Conciliation.
The agreement of the parties to put into effect Mediation/Conciliation results from the signature of both parties of a convention designating the Arbitration Chamber of Paris as the organizser of the Mediation/Conciliation in conformity with the present rules.
However, the refusal or failure to reply in the time period forseen in paragraph 1 of the present article engenders the nullity of the Mediation/Conciliation application and the parties are invited to resolve their dispute through arbitration or other forms of resolution.
The Mediation/Conciliation applicant is informed by the Arbitration Chamber of Paris which reimburses to each party their part of the deposit paid after deduction of expenses for opening a file.
Article 4 : Fees and Retainers :
In a time limit of 10 days forseen in article 3, the parties must pay in way of deposit half the fees, a sum calculated by the Arbitration Chamber of Paris in conformity to the annexe of the table of fees.
These fees, calculated by the Secretary's office, are covered in half by each party, unless they have provided otherwise.
Article 5 : Nomination of a Mediator/Conciliator :
The designation of a Mediator/Conciliator must occur at the latest on the 10th day from the deposit of the fees, either through the common agreement of the parties after consultation of a list submitted by the Arbitration Chamber of Paris, or in the absence of such a designation, by nomination by the President of the Arbitration Chamber of Paris. In this case, the Mediator/Conciliator must be accepted by all the parties in a time period of 10 days from the nomination.
The Mediator/Conciliator cannot be designated as arbitrator relating to a dispute
that has been the object of a Mediation/Conciliation attempt.
In the event of death, refusal of mission, or incapacity, the failure of theMediator/Conciliator to make progress in the Mediation/Conciliation proceedings, or in the case where the Mediator/Conciliator is unable to carry out his function, there will be the replacement by the President of the Arbitration Chamber of Paris.
Article 6 : Mediation/Conciliation procedure :
The Mediator/Conciliator receives, once nominated, the parties at their convenience at the place he determines. He hears the parties and their counsels separately( or together if the parties so wish). He requests all useful information in accordance with the principles of independence, impartiality and equity.
The procedure must not exceed 6 weeks from the acceptance by the parties of the Mediator/Conciliator. This time period can be extended by a period up to three weeks. During the Mediation/Conciliation the time limit for arbitration is suspended.
Article 7 : Assistance
In the course of a Mediation/Conciliation attempt the parties can be assisted by a counsel.
Article 8 : Confidentiality of the Mediator/Conciliator :
The Mediator/Conciliator and the parties are held by the most strictest of confidences in relation to the Mediation/Conciliation; no contestation, declaration or proposition made before the Mediator/Conciliator or by the parties themselves can be used afterwards by any person.
Article 9 : Closure of the procedure :
The Mediation attempt ends :
- either by the signature of a protocol between the parties,
- either by the declaration by the Arbitration Chamber of Paris of an infertile attempt of the Mediation, without need to justify the declaration
The Conciliation attempt ends :
- either by a signature of a protocol between the parties,
- either by the establishment, by the Conciliator of default.
In the event of failure of the Mediation procedure or in default of Conciliation, at the end of the time limit foreseen in article 6, ither party can request recommencing or beginning arbitration proceedings by the Arbitration Chamber of Paris.
Article 10 : dispositions diverses .
All interpretation of the present rules fall within the jurisidiction of the Arbitration Chamber of Paris.
The request for Mediation/Conciliation is dealt with in conformity with the rules in force on the day the Mediation/Conciliation application was introduced.
