How can I submit my application as an arbitrator?
The Cepani does not have a list of registered arbitrators. Normally, one can not deliberately submit its application to be an arbitrator appointed by the Cepani. There are no registered or acknowledged arbitrators. When one seizes the Cepani for it to take care of a Request for Arbitration, the Appointments committee or the Chairman himself, considers, case per case, who is the most qualified person to settle the dispute. He takes into account the nature of the dispute, the language, the identity and personality of the co-arbitrators, the arbitrator’s qualifications and availabilities, whether the situation is urgent or not, what is at stake…,etc. The Cepani can then ask for the assistance of a number of renowned Belgian or foreign arbitrators.
The Cepani also offers the possibility for younger arbitrators or for arbitrators with less experience, to start handling arbitral matters by appointing them as co-arbitrators or by handing them over some more straightforward cases. In any case, they can always turn to the support provided by the Secretariat of the Cepani. If you would like to be taken into consideration as an arbitrator, you must complete the CV available on our web site and send it back to the Cepani. It is important that you mention if you have taken part in any colloquiums, study groups or trainings sessions on Arbitration.
What does the Cepani expect from an arbitrator?
The Cepani expects from the arbitrator that he strictly respects the rules established by the Cepani, that he respects the rules of good conduct and that he keeps the Cepani regularly informed on the development of the procedure. Provided that they are introduced in time and that they are duly motivated; requests to extend the time limits established can be introduced. The Cepani also expects that the arbitrators watch out that the procedure doesn’t extend itself when not necessary and that they invite the parties to respect the deadlines on which they have agreed.
What can an arbitrator expect from the Cepani?
The arbitrators can expect from the Cepani that it gives the necessary assistance when procedural problems occur. The Secretariat is also able to give explanations on the articles of the Rules of the Cepani, on how to estimate the advance on costs of Arbitration, explanations on how things are usually done… The Cepani has a library that can be visited on request. Regarding the organization of the arbitral audiences or regarding the “délibéré”, some conference rooms can be reserved in the buildings of the Federation of Belgian Enterprises, provided that the Secretariat of the Cepani intervenes. The offices of the Cepani are also located in that infrastructure.
When can I be remunerated for the work done and how is the amount calculated?
The arbitrators appointed in an arbitral procedure only receive their fee when the procedure is finished. Recent statistic studies have shown that an Arbitration usually lasts from more or less 8 months to one year. When, due to exceptional circumstances, the arbitration lasts longer and that the arbitrator has already done a certain amount of things, as for example, the Terms of reference, the work schedule, has taken interim measures,… he can exceptionally receive an advance on his fee even during the procedure.
The amount of the arbitrator’s fees is decided by the Secretariat and directly depends on the amount that is at stake in the procedure. It is on the basis of the Arbitration scale that the amount is decided. To cover the fees, an advance is required from the parties. The Appointments Committee or the Chairman does not proceed to any nomination if the advance on the Arbitration costs has not been completely paid. When the Arbitral Tribunal is composed of three arbitrators, the president of the Arbitral Tribunal receives 40% of the total amount and each co-arbitrator receives 30%. Of course the arbitrators can agree that it be done otherwise, but the Secretariat has to be informed when the Arbitral Award is handed in at the latest.
What must be done when the parties have reached a settlement?
When the parties have reached a settlement, the Secretariat must be informed. The settlement in itself does not have to be communicated but the parties must inform the fact that they have reached an agreement that puts an end to the arbitral procedure.
The settlement must be acknowledged by all the parties. Once the parties have told the Secretariat that an agreement was found and that the procedure can be closed, the Secretariat estimates the costs for Arbitration.
The parties can reach an agreement by themselves, with the help of their counsels or even with the help of the Arbitral Tribunal. Whether the Arbitral Tribunal has taken part in the settlement is important to determine the costs for Arbitration. That is the reason why the Arbitral Tribunal has to submit a detailed report of the time spent on the case.
Except for some exceptional circumstances, the Secretariat of the Cepani pays back part of the advance of the costs for Arbitration when a settlement is reached.
When can the advance on Arbitration costs be increased?
The advance on Arbitration costs can only be increased if the main request and/or counterclaim is increased. An increase can not take place on the basis of the hours that the arbitrator has spent on the case. If the advance on Arbitration costs has to be increased, the increase is done on the basis of the Arbitration scale in force. Due to exceptional circumstances, the advance on Arbitration costs can be increased more than what is required by the scale, in this case the exceptional circumstances will have to be duly motivated and carefully examined by the Secretariat.
What do we have to indicate in the declaration of independence?
In the declaration of independence, one has to indicate any fact that could make the parties consider that the arbitrator is not independent. The Secretariat of the Cepani communicates the facts as indicated by the arbitrator to the parties and asks them a written confirmation that they have no objections regarding that arbitrator. If the parties formulate objections that seem well-founded, the Appointments Committee or the Chairman will proceed to the replacement of the arbitrator.
Why are the Terms of Reference and the work schedule not in the same document?
The Terms of Reference is a document that must be signed by the members of the Arbitral Tribunal and by all the parties concerned by the dispute. This means that any further alteration of the document requires the consent of all the parties concerned.
If the work schedule was in the same document as the Terms of Reference, any alteration of that work schedule would need the consent of all the parties and the alteration of the Terms of Reference in itself. However, although the work schedule has to be drafted with the consent of everyone, if that is possible, the arbitrators can impose it even if a party obstructs it.
Why is the Arbitral Award notified to the parties by the Cepani and not by the arbitrators themselves?
The Rules of the Cepani indicate that the notification of the Arbitral Award can only be done when the Arbitration costs have completely been honored. As long as the parties (or one of them) have not paid the costs, the Award is kept at the Secretariat and is not communicated to the parties.