Transcript Document

ADR for Intellectual Property
Disputes – ADR Practice in
Luxembourg:
ARBITRATION
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
CENTER OF ARBITRATION - ESTABLISHED ON 1987
COUNCIL OF ARBITRATION - 5 membres (President the National
Luxembourg Committee of the International Chamber of Commerce (ICC), the
Luxembourg member of the Arbitration Court of the ICC, the President of the Bar of
Luxembourg, the General Director of the Chamber of Commerce and the President of the
Institute of Auditors ( Institut des Réviseurs d'Entreprises - IRE).
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
MONITORING/POLICING PROCEDURES BY COUNCIL
time limits (answer, terms of reference, award)
does not settle disputes itself
CONFIRMATION (or APPPOINTMENT) of arbitrator(s)
1 or 3 ARBITRATORS
SCRUTINY OF AWARD
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
REQUEST - date of the reception of the request by the
Secretariat of the Center = date of commencement of the
arbitral proceedings
a) names in full, description, and addresses of the parties, b) a statement of the
claimant's case, c) the relevant agreements, and in particular the agreement to arbitrate,
and such documentation or information as will serve clearly to establish the
circumstances of the case, d) all relevant particulars concerning the number of arbitrators
and their choice
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
ANSWER - 30 days from the receipt of request (extension)
COUNTERCLAIM - reply to the counterclaim: 30 days from
the receipt of counterclaim (extension)
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
AGREEMENT to submit to arbitration under the Rules =
Rules in effect on the date of commencement of the
arbitration.
If no answer, or plea concerning the existence, validity or scope of the
agreement to arbitrate: if prima facie existence agreement, Council may decide
that the arbitration shall PROCEED. In such a case any decision as to the
arbitrator's jurisdiction shall be taken by the arbitrator himself.
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
If any party REFUSES or fails to take part in the arbitration
or any stage thereof, the arbitration shall PROCEED
notwithstanding such refusal or failure.
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
TERMS OF REFERENCE (TOR)
a) the full names and description of the parties, b) the addresses of the parties to which
notifications or communications arising in the course of the arbitration may validly be
made, c) a summary of the parties' respective claims, d) definition of the issues to be
determined, e) the name in full, address and other contact details of each of the
arbitrators, f) the place of arbitration, g) particulars of the applicable procedural rules
and, if such is the case, reference to the power
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
TOR: Signed by all parties and the arbitrator (AT)
Transmitted to Council of arbitration within TWO MONTHS
of the date when the file has been transmitted to AT
(extension) (approval by Council)
When signed/approved: NO new claims that exceed limits
of TOR, unless AT agrees
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
SCRUTINY OF AWARD :
no award may be signed before scrutiny
(modification on form YES/freedom of decision – draw attention on points of
substance) – legal effectiveness, enforcement, better accuracy-quality of award
AWARD = final
By submitting the dispute to arbitration by the Center, the parties shall be
deemed to have undertaken to carry out the resulting award without delay and
to have waived their right to any form of recourse insofar as such waiver can
validly be made.
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
GUARANTEES:
• impartiality, independence (statement/disclosure) of specialised
arbitrators
• Confidentiality (know-how, IP, …)
• Legal certainty: Scrutintiny of draft award, execution in 152 NY
Convention states
• Modern rules of arbitration
• Foreseeability (Procedural timetable, closing of proceedings, date for
the submission of the draft award)
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
FINAL REMARKS
Valid clause
“All disputes arising out of or in connection with the present contract shall be finally settled under the
Rules of arbitration of the Arbitration Center of the Luxembourg Chamber of Commerce by one or more
arbitrators appointed in accordance with said rules.”
May be completed as follows :
“The arbitral tribunal shall be composed of one/three arbitrator(s).”
“The law governing the contract shall be the law of ( _ ).”
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
ARBITRATION AGREEMENT
Between
1.) ____________, having its registered office in __________________, represented by __________________
And
2.) ____________, having its registered office in __________________, represented by __________________
I.
Statement
(Brief statement of the background, the underlying facts and state the object of the litigation. In case of different views,
each party issue sits own statement.)
II.
The parties under 1.) and 2.) hereby agree to submit their dispute to the Arbitration Center of the Luxembourg
Chamber of Commerce. The dispute shall be finally settled in accordance with the rules of arbitration of the
Arbitration Center of the Luxembourg Chamber of Commerce by one arbitrator / three arbitrators (delete as
appropriate) appointed in accordance with these rules.
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
III. The parties declare having knowledge of and accept the rules of arbitration of the Arbitration Center of the
Luxembourg Chamber of Commerce.
IV. The arbitrator will have to resolve the following issue(s):
(Mission of the arbitrator/s)
V.
Nomination of the arbitrator/s
The parties appoint as arbitrator: ___________________________
(if one sole arbitrator)
The parties appoint as arbitrators:
(if three arbitrators)
Done in triplicate,
_________________, on the _________________
(1 of which is to be addressed to the Arbitration Center) (Signatures)
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CENTER OF ARBITRATION OF THE
LUXEMBOURG CHAMBER OF COMMERCE
THANK YOU FOR YOUR ATTENTION
Anne-Sophie THEISSEN
SECRETARY GENERAL
CENTER OF ARBITRATION OF THE LUXEMBOURG CHAMBER OF COMMERCE
[email protected]
+352 42 39 39 -356
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