The plan to set up an international arbitration court is the result of an in-depth study conducted by the Chamber of Commerce, Industry, Craft & Agriculture of Ancona, aimed at identifying the needs and requirements of traders in the Adriatic and Ionian area
The study was encouraged by the consolidated institutional and economic relations established over many years by the Ancona Chamber of Commerce with the East Adriatic area by virtue of its strategic territorial position
The study underlined that commercial transactions in the Adriatic-Ionian area are often hampered by concerns regarding costs, timeframes and unknown factors of possible disputes, as well as the decision on which law to be applied or which judge to be called on to settle the disputes
Indeed, in an international context, ordinary instruments of justice are often poorly equipped to deal with the demands of the business network, as they are too formal and too strongly rooted to their country of origin
The plan to set up an international arbitration court has been developed precisely with the purpose of helping enterprises in their cross-border transactions as well as supplying adequate assistance and effective support in case a dispute arises
The initiative was described at the Forum of the Chambers of Commerce of the Adriatic and Ionian Area, held in Portonovo on 18 April 2002. It immediately received the full backing and support of the Chambers of Commerce in attendance, both Italian and foreign
A few years after that meeting, the International Court of the Adriatic and Ionian Area has become a reality
The Court is designed around the specific demands of this particular area and it is supported by the Chambers of Commerce of all the countries in the Adriatic basin: that is the reason why the Court offers nowadays qualified services of mediation, arbitration, arbitrage and contractual expertise. The services offered by the Court are flexible and fast: therefore they are particularly well suited in order to end litigation involving subjects coming from different legal systems who experience communication problems
By helping traders in legal, economic and commercial terms, the Court intends to facilitate the development of relations, to increase trade in the area, to represent an element of competitiveness and added value for the whole business network.
The Services of the International Court
The International Arbitration Court of the Adriatic and Ionian Area offers qualified services to businesses operating in the Adriatic and Ionian area as a whole, with reference to dispute resolution
It mainly deals with disputes between traders belonging to different countries in the Adriatic and Ionian area who are members of the project. For example, the Court may handle a dispute between an Italian trader and a Croatian trader, a Slovenian trader and an Albanian trader
If the parties both agree, it may also deal with other relations
To resolve these disputes, the Court has set up a wide range of alternatives to ordinary justice:
- arbitration;
- conciliation;
- contractual expertise;
- arbitrage.
The mediation, arbitration, arbitrage, contractual expertise proceedings handled by the Court are disciplined by its Procedural Regulations.
ARBITRATION
Arbitration is a procedure in which the parties agree to submit the definition of their dispute to one or more private individuals, the arbitrators. The result of the procedure is usually a decision (award) which are binding in various ways
The form of arbitration offered by the Court is an administered arbitration which has the following advantages: – the parties obtain a rapid decision with limited costs; -the parties have the option to choose the people who are to act as arbitrators, while legal systems do not allow the judge to be chosen. Moreover, arbitrators can be selected from among people who specialise in the area which is the subject of the dispute; -the parties can decide for themselves which regulations will apply, and the language of the arbitration; -the parties can rely on a confidential, secure procedure; -the arbitration awards are binding and hard to challenge; -the international recognition of arbitration awards is higher than that of court orders. Over 120 countries have ratified the United Nations Convention of 10 June 1958 (New York Convention) concerning the recognition and execution of foreign arbitration awards, which facilitates execution of foreign arbitration rulings in countries adhering to the Convention
The constitution of the International Arbitration Court of the Adriatic and Ionian Area, directly linked to the Chambers of Commerce of the Adriatic and Ionian area, is a guarantee for traders who can rely on the respect for the principles of transparency and impartiality and the correct conduct of the procedure, thanks to the support provided by the Secretariat of the Court which acts as a constant point of reference throughout the duration of the proceedings. It also represents a great opportunity for rapid resolution of the dispute, with reasonable fees which are known to the parties in advance.In Italia esistono diverse tipologie di arbitrato:Tipologie di arbitrato
CONCILIATION
Conciliation is an informal way of managing and settling conflicts in which an impartial third party, the conciliator, helps the parties by facilitating their communication in order to reach a mutually satisfactory agreement. The conciliator, therefore, using modern conciliation techniques, aims to eliminate the reasons for conflict and encourage solutions to the ongoing dispute. By going beyond the subject of the dispute, this moves the debate away from the rigid opposition of the respective legal standpoints
The conciliator, unlike a judge, does not decide who is right and who is wrong, but facilitates negotiation, guiding the parties towards an agreement
Conciliation is cost-effective, as the costs of carrying out the procedure are remarkably limited; it is effective, as it enables settlement of the dispute without the burdensome formalities that characterise ordinary justice; it is confidential and secure, as it ensures total respect for privacy and the protection of information exchanged; it is flexible as the agreement reached will be based on the extent of the interests and needs of the parties and may also have a different or broader content than the original content of the dispute. Most of all, conciliation is fast: in general the procedure is completed within a few meetings, during which the parties will cooperate to find a shared solution to the problem
It is precisely due to these characteristics that conciliation helps to maintain economic relations, enabling the continuation of commercial relations even after the dispute, which is fundamentally important for the parties to safeguard their market positions
Mediation is conducted, in a simple, orderly way, according to the following stages: – the procedure is begun by presenting the application to the International Arbitration Court of the Adriatic and Ionian Area; – acceptance by the other party; – appointment of the conciliator, by common agreement between the parties or the Secretariat of the Court from among those registered on the relevant list; – conciliation meeting between the parties and the conciliator, alternating joint and separate sessions; – signing of a final report of settlement or failed agreement.
Regulations of the International Court of the Adriatic and Ionian Area
During the meeting held on 10 February 2004, the Forum Board of Directors adopted the Organisation Rules and Rules of Procedure of the Adriatic and Ionian International Court The Rules were jointly elaborated by all the Court’s member and unanimously agreed on The Organisation Rules concern the Court’s structure and tasks, in conformity with Art. 10 of the Forum Charter The Rules of Procedure concern the management of arbitration, mediation, contractual expertise and abitrage proceedings, and they also include the Court’s Schedules of Costs.
Activities of the International Court of the Adriatic and Ionian Area