Terms of Reference
Document drafted in accordance with the arbitration
rules of CACI‘s Center 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 Center 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 Center .
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 Center 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 Center 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
Center 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 Center for Conciliation, Mediation and
Arbitration, responsible for investigating and adjudicating disputes submitted
to it