EUROPEAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION (1961)

Article 1. Scope of the Convention

1. This Convention shall apply;

(a) Arbitration agreements entered into at the time of signing of the Agreement for the settlement of disputes arising out of international trade relations between legal entities and individuals who have entered into the Agreement and have a permanent residence or residence in various States;

(b) arbitration procedures and decisions based on the agreement referred to in paragraph 1 (a) above;

2. For the purposes of this Convention,

(a) The term "arbitration agreement" means a treaty or arbitration agreement between the parties, an arbitration clause in the contract, or an arbitration agreement, or an arbitration agreement in the form of an exchange of letters, telegrams, teletypewrites, or a law that does not require a written arbitration agreement and any arbitration agreement signed under these laws.

(b) The term "arbitration" means the settlement of a dispute by arbitrators at the same time by permanent arbitral tribunals.

(c) The term "venue" means the area of ​​the building in which the arbitration agreement is entered into.

Article 2. The right of legal entities based on public law to apply to arbitration

1. In the cases referred to in Article 1.1 of this Convention, legal entities referred to in the law, which may be called "legal entities based on public law", shall have the right to enter into an arbitration agreement which has the force of law.

2. At the time of signature, ratification or accession to this Convention, any State may declare restrictions on the conditions set forth in its declaration.

Article 3. The right of foreign citizens to be arbitrators

In accordance with this Convention, foreign nationals may be arbitrators for the settlement of disputes in arbitration.

Article 4. Organization of the arbitration process

1. The parties to an arbitration agreement may freely submit their disputes;

(a) the institution of permanent arbitration; in this case, the arbitration process shall be carried out in accordance with the rules of that institution;

(b) ad hoc arbitration (for a given case); especially in this case;

(i) to appoint arbitrators or to determine the methods of appointing arbitrators in the course of any dispute;

(ii) the location of the arbitration; and

(iii) determine the procedures to be followed by arbitrators;

2. If the parties agree to submit any dispute to arbitration, and one of the parties has not appointed its arbitrator within 30 days after the notification of the request for arbitration, unless otherwise provided, the arbitrator shall, at the request of the other party, submit the dispute to arbitration. shall be appointed by the chairman of the competent chamber of commerce of the country where the arbitrator has a permanent residence in the country of the party who has not appointed an arbitrator. This paragraph shall also apply to the placement of an arbitrator (arbitrators) appointed by one of the parties or by the Chairman of the Chamber of Commerce referred to above.

3. If the parties have agreed to submit any dispute to an arbitral tribunal consisting of one or more arbitrators, and the arbitration agreement does not contain any information on the organization of the arbitration process, as mentioned in paragraph 1 of this Article, if the parties have not agreed to it; , then, in accordance with paragraph 2 above, the necessary steps shall be taken by the arbitrator or arbitrators already appointed without prejudice to the case. If the parties are unable to agree on the appointment of a sole arbitrator, or if the appointed arbitrators are unable to agree on certain conditions, if the venue of the arbitration is agreed between the parties, the bidder may, at its discretion, submit an application to the President of the Chamber of Commerce; may, in the course of the proceedings, apply to the competent chairman of the Chamber of Commerce in the country of the respondent, who has a permanent place of residence, to take the necessary steps. If the venue of the arbitration is not agreed upon, the applicant may, at his discretion, apply to the President of the Chamber of Commerce in the country of the defendant's place of residence or to the Special Committee for additional arrangements and procedures. can do. If the plaintiff is unable to exercise the rights granted to him in accordance with this paragraph, the defendant or the arbitrator (arbitrators) may exercise this right.

4. The Chairman or the Special Committee to which the appeal is addressed, depending on the nature of the appeal;

(a) appoint a sole arbitrator, a presiding arbitrator, a judge or a judge of a jury;

(b) in accordance with any procedure other than those referred to in paragraph 2 above;