Annex III to Arbitration rules of the Swiss-American Chamber of Commerce

Organizational Regulations
 

These regulations shall define the organization, the competences and tasks of the arbitration institution of the Swiss-American Chamber of Commerce (hereinafter "Chamber" or "AMCHAM") on the basis of the Amcham Arbitration Rules ("the Rules").

Chamber Secretariat
 

1. The Secretariat of the Chamber ("Chamber Secretariat") has its seat at:

Talacker 41, 8001 Zürich
Telephone: ++41 (0) 43 443 72 00
Telefax: ++41 (0) 43 497 22 70
E-Mail: info@amcham.ch
homepage: http://www.amcham.ch
or: http://www.sacc.net


Responsibilities and Tasks of the Chamber

Principle

2.1 The Chamber, acting through the Chamber Secretariat or the President, shall only perform those responsibilities and tasks which are entrusted to it by the Amcham Arbitration Rules or these Regulations.

The President may delegate his tasks.

Jurisdiction, Composition and Appointment of the Arbitral Tribunal, Initiation of the Arbitration Proceedings

2.2 The Chamber performs the following tasks:

  • receipt of requests for the appointment of the Arbitral Tribunal by the Chamber Secretariat (Art. 4.1 of the Rules).

  • delivery of a copy of the request for the appointment of the Arbitral Tribunal to the Respondent and simultaneous setting of a time period for the appointment of the party's arbitrator (in the case of a Arbitral Tribunal consisting of three arbitrators), respectively for the notification of acceptance of the Claimant's proposal or for the notification of a counterproposal by the Respondent (in the case of a sole arbitrator), by the Chamber Secretariat (Art. 4.3 of the Rules).

  • confirmation of the date of institution of the Arbitration Proceeding (Art. 5 of the Rules) for the Claimant by the Chamber Secretariat.

  • confirmation of the date of institution of the Arbitration Proceeding (Art. 5 of the Rules) for the Claimant by the Chamber Secretariat.

  • if the parties have not made a decision as to the number of arbitrators on the Arbitral Tribunal: decision on whether one or three arbitrators shall be appointed by the President (Art. 2.2 of the Rules).

  • setting of a time period of 30 days for the parties to agree upon the person of the sole arbitrator by the Chamber Secretariat (Art. 4.3 of the Rules).

  • if the parties fail to agree upon the person of the arbitrator within the time period and upon request of one party: appointment of a sole arbitrator from the list of arbitrators of the Chamber by the President (Art. 3.1 of the Rules).

  • if one party fails to notify the other party of its appointed arbitrator within the time period of thirty days and upon request of one party: appointment of a second arbitrator from the list of arbitrators of the Chamber by the President (Art. 3.3 of the Rules).

  • if the two arbitrators fail to reach agreement on the appointment of the presiding arbitrator within the time period of 30 days and upon request of one party: appointment of a presiding arbitrator of the Arbitral Tribunal from the list of arbitrators of the Chamber by the President (Art. 3.4 of the Rules).

Administrative Tasks

2.3  The Chamber Secretariat

  • provides, to the extent necessary, secretarial services to presiding arbitrators and sole arbitrators;

  • is the paying office for the registration fee (Art. 4.2 of the Rules) and for advances against costs (Art. 7 of the Rules), invests larger cash advances against costs at interest and administrates the books of the Arbitral Tribunal (dealings with banks, organization of signatures, payment of arbitrators' fees and expenses according to the instructions of the presiding arbitrator or the sole arbitrator, final accounts etc.);
  • procures, on request of the Arbitral Tribunal, court stenographers, translators and translations;

  • organizes and procures rooms for the Arbitration Proceedings;

  • assists, upon request, arbitrators and parties for obtaining visas etc.;

  • accompanies the Arbitration Proceedings in general and, if recognized and necessary, directs the Arbitral Tribunal's and/or the parties' attention to actions which may be necessary;

  • maintains the list of arbitrators of the Chamber;

  • maintains the record of the arbitration award of the closed Arbitration Proceedings for a period of 10 years (Art. 15.6 of the Rules).

Compensation

2.4 The Chamber Secretariat shall periodically make out an invoice to the Arbitral Tribunal for the services provided by it or by third parties, which shall be directly debited against the account advanced against costs, and simultaneously notify the sole arbitrator or the presiding arbitrator.

The Chamber Secretariat's services as per paragraph 2.2 are covered by the registration fee.

The Chamber Secretariat's time involved in administrative services as per paragraph 2.3 shall be invoiced in accordance with the Fee and Cost Schedule of the Swiss American Chamber of Commerce Arbitration as per Annex II. A separate time sheet shall be maintained for each Arbitration Proceedings, which the Arbitral Tribunal and the parties shall have access to at any time.

The Chamber may, from time to time, amend the Fee and Cost Schedule as per Annex II.

List of Arbitrators

2.5  Qualified, personally registered representatives of company members (Sustaining, Active members), as well as Individual members, registered under a company membership (i.e. voting membership), shall be entered in the Chamber's List of Arbitrators upon their request.

Persons may be deleted from the list of arbitrators, if:

  • they cease to fulfill the conditions of paragraph 2.5 section 1,

  • they damage the reputation of the arbitration institution of the Chamber.

The President of the Chamber shall make the final decision on the deletion. He may decide without giving reasons therefore.

The current list of arbitrators may be requested from the Chamber Secretariat. 

Advisory Board

3. The President and the Chamber Secretariat are supported in performing their tasks by an Advisory Board, which shall be composed of three members appointed by the President. The members of the Advisory Board are appointed for three years; a second term of office is possible.

Effective Date

4. These Organizational Regulations were adopted with the approval of the Arbitration Rules by the Board of Directors of the Swiss-American Chamber of Commerce and entered into force June 16, 2000