Connexion

Your Partner in the world of Business

Your Partner in the world of Business

Your Partner in the world of Business

Arbitration glossary

Terms of Reference
Document drafted in accordance with the arbitration rules of CACI‘s Centre for Conciliation, Mediation and Arbitration  by the Court, in agreement with the parties, containing the details of the parties and arbitrators, a summary of the parties' claims and the rulings sought, an indication of any amount, a list of issues to be determined, the place of arbitration, language of arbitration, clarification related to the rule, the law applicable to the substance and, where applicable, mention of the clause allowing the Court to rule.

It is signed by the arbitrator and the parties or their counsel.
The dispute is clearly defined by the Terms of Reference; the parties cannot therefore submit new requests.
Cf. Articles 39, 40 and 58 of Arbitration Rules of CACI's Centre for Conciliation Mediation and Arbitration.
Cf.Art.458 du CPCA.

Amiable compositeur
Power given to the arbitrators by the parties to provide a fair solution to their dispute without complying, should the need arise, to the rules of law agreed initially.
Cf. « ex æquo et bono decision

ex aequo et bono decision
Cf. Amiable compositeur.

Request for arbitration
Written document filed by one of the parties to introduce an arbitration procedure at the Centre.

  
CACI
Cf. Algerian Chamber of Commerce and Industry

Arbitration clause
Arbitration agreement made before the dispute arose.
Cf. Art. 1007 of the Code of Civil and Administrative Procedure. "The arbitration clause is an agreement by which the parties to a contract relating to the rights available under Article 1006 above undertake to submit to arbitration disputes which may arise regarding this contract. »

Arbitration Committee
Body of CACI’s Centre for Conciliation, Mediation and Arbitration in charge of preparing, in connection with the Secretariat, the setting of the Arbitral Tribunal and ensuring the proper conduct of the arbitral proceedings.

Compromise
Arbitration agreement concluded after the dispute arose.
Cf. Art. 1011. of CPCA: the compromise is an agreement whereby the parties to an arising dispute submit it to arbitration.

Council of CACI
Body of the Algerian Chamber of Commerce and Industry (CACI) 

Arbitration agreement
Agreement whereby the parties agree that a dispute already arisen (compromise) or a possible future dispute (arbitration clause) be settled by arbitration

Administrative fees
Fees that litigants will have to pay due to the introduction of an arbitration request, sent by post or filed with the Secretariat of CACI’s Centre for Conciliation, Mediation and Arbitration Mediation and Arbitration.
•   Do not confuse with the costs of arbitration inherent to costs of the arbitration itself, including expenses of the arbitrators, experts

Arbitration and provisional fees
Expenses including arbitrators' fees, expert opinions relating to arbitration, the parties will have to pay.
Cf Art.35 and 36 of the Arbitration Rules of CACI’s Centre for Conciliation, Mediation and Arbitration.

Arbitration provisional fees
Cf. Arbitration fees and provisional fees...

Request for arbitration
See. Request for Arbitration

Arbitral Tribunal
Body of CACI’s Centre for Conciliation, Mediation and Arbitration, responsible for investigating and adjudicating disputes submitted to it