ECA Arbitration Procedure - main steps
Formation of the arbitral chamber : choice of the parties
Once a statement of claim has been received by the ECA Office with the nomination of the first arbitrator [please see section: how to initiate proceeding before the ECA], the other party to the case will be informed accordingly by the ECA Office and requested to nominate a second arbitrator in the ECA List of Arbitrators.
Upon acceptance of the two nominated arbitrators of such mandate, they will have to choose the third arbitrator that will act as Chairperson of the panel from the ECA List of Arbitrators. Those three arbitrators constitute the arbitral chamber that will decide on the dispute brought before the ECA.
Deadlines have been settled in the Rules of Arbitration for the ECA in order to assure an efficient nomination procedure.
Arbitration procedure until delivery of the final award : flexibility and efficiency
The arbitration proceedings before the ECA are dealt in English and as a general rule by writing.
Besides the Procedural Rules of the Rules of Arbitration for the ECA that shall be applied by the arbitral chamber in handling the case, the arbitrators may decide to implement additional procedural rules in order to adapt the procedure to the characteristics and the necessity of the case.
During the first phase of the proceedings, the arbitral chamber may request further information, explanations or documents to the parties as deemed necessary. Oral hearing may also be organised taking in consideration the circumstances of the case.
The decision-making phase of the proceedings shall be handled efficiently by the arbitral chamber in order to provide the parties with a settlement of their dispute in the best possible delays.
In exceptionally cases, the Rules of Arbitration for the ECA give the arbitral chamber the possibility to follow an express procedure.
Arbitral chamber award: final settlement of the dispute
The final award taken by the arbitral chamber will be immediately communicated to the parties. It is binding and final between the parties.