PART I

General Provisions


Article 1
Sphere of application of the Rules
1.1
The rules at hand (hereinafter referred to as the "Rules") govern the procedure (hereinafter referred to as the "Procedure" or the "Proceedings") for resolving disputes that are submitted to Curia Mercatorum.

1.2
Failing a specific agreement referring to the application of the entire procedure, the parties may request either the mediation services provided for under Part III herein ("Mediation") or the arbitration services provided for under Part IV herein ("Arbitration"). Failing any indication to the contrary, applicant is deemed to having requested both services.

1.3
The Procedure is applicable either to domestic and international disputes.

1.4
The conciliation service especially provides the possibility to settle disputes having an economic nature, in particular those arising between enterprises and between consumers and enterprises.

Article 2
Administration of the Procedure
2.1
The Procedure shall be administered, in the manner indicated by these Rules, by the Court for the Resolution of Disputes (hereinafter referred to as the "Court") set up within Curia Mercatorum in compliance with article 10 of the Articles of Association.

2.2
The Court as such shall not enter into the Procedure as a Mediator or Arbitrator.

2.3
The Court is in no way responsible for the performance of Arbitrators and Mediators.

2.4
The Court is assisted by a Secretariat that covers the functions listed in the following articles of the Rules.

2.5
The officers working at the Secretariat are impartial, do not deal with the question of the dispute, do not provide conciliation or juridical advisory services. Upon request by the parties, the Secretariat certifies the filing of the various documents.


Article 3
Mediators and Arbitrators
3.1
The Mediators (or conciliators) and Arbitrators take part in the Procedure in compliance with these Rules.

3.2
The Mediator shall be appointed by the Secretariat of the Court by selecting from a special list of names, otherwise jointly by the parties. Only under exceptional cases a Mediator can be appointed in other ways. For very complex disputes, the Secretariat can agree with the Mediator and the parties to appoint a coadjutor, without any extra charges. In the light of justified reasons, the parties may request the Secretariat to replace the Mediator appointed.

3.3
The Arbitrators (or component members of the Arbitral Tribunal) shall be appointed by the Court while taking into consideration possible suggestions made by the parties involved. In the event the Arbitral Tribunal is composed of more than one member:
i) each party may indicate to the Court only one name to be appointed as Arbitrator. If there are no serious reasons to the contrary, the Court will follow such suggestions;
ii) the parties or the arbitrators may jointly indicate who is to take the role of President. If there are no serious reasons to the contrary, the Court will follow such suggestions, being it understood that in absence of such suggestions the Court shall in any case appoint a President.

The power of selecting and appointing the arbitrators is exclusive competence of the Court:
a) when the parties in the dispute are more than two, and there is no agreement among them;
b) when the applicable law provides for the appointment of a third party alien to the dispute, and this even if the arbitration clause already approved by the parties defines something different.

3.4
There shall be no preclusion whatsoever regarding the nationality of Mediators or Arbitrators.

3.5
Mediators and Arbitrators must be and shall remain independent of the parties involved as well as neutral and impartial. Mediators and Arbitrators shall not operate in any way whatsoever on behalf of or in the name of Curia Mercatorum or the Court. At the moment of accepting the role of Mediator or Arbitrator, the individual involved must inform the Court in writing of any circumstance that may cast doubt on his or her independence, neutrality or impartiality. By the same token, he or she must notify the Court of any later occurring circumstance that may have the same effect or that may prevent him or her from properly performing the functions in question. The Mediator commits himself or herself to abiding by the norms of conduct approved by Curia Mercatorum.

3.6
In the event of disputes involving parties based in different countries, Mediators and Arbitrators must be informed about the language prevalently used by the parties in their relationship.

3.7
An Arbitrator may be replaced upon the final decision of the Court following a challenge by one of the parties because of a lack of independence or impartiality or for other serious, specified and substantiated reasons. The challenge must be made in writing to the Court within ten (10) days of the appointment of said Arbitrator or of acquiring knowledge of the cause for challenge.

3.8
Once having accepted the appointment, Mediators and Arbitrators may not relinquish it except for reasons of a serious nature. In any event, all possible declarations of the need to abandon an appointment must be presented to the Secretariat or the Court, which shall then make the final and binding decision on whether or not to allow said relinquishing of the appointment.

3.9
Replacement of Mediators or Arbitrators who for any reason whatsoever fail to attend to the Procedure must occur under the supervision of the Secretariat or the Court within the shortest time possible, in keeping with the same manner established for the appointment of the person so replaced.


Article 4
Consultants and Counsels
4.1
The parties may act personally in the proceedings or represented by a person having all the necessary power. The parties may be assisted or represented by people they trust, consultants and/or defending counsels of their choice. In any case the names of the persons involved in the Procedure must be previously forwarded to the Secretariat.

Article 5
Notifications
5.1
With the exception of what is provided for in Art. 15 below or a differing provision decided upon by the Mediators or Arbitrators commissioned for the Procedure, all the pleadings and written statements as well as the documentation generated by the parties involved and by third parties who take part in the Proceedings must be supplied to the Court in as many copies as are needed for the Court, the appointed Mediators or Arbitrators and for each opposing party.

5.2
Notifications and the like intended for the parties involved shall be forwarded to the last address for said parties as furnished to the Court.

5.3
Whenever these Rules refer to written notification or the like to be provided within a given period of time, said notification shall be considered as having been delivered before the deadline on the condition that all those so entitled have received a copy of the document in question within the time period indicated. Mediators and Arbitrators have the right to take into timely consideration for justifiable reasons a notification made beyond the set deadline. The Court may, upon a formal request by one or more of the parties involved and for justifiable reasons, extend for no more than five (5) days the deadline set by the Rules for the presentation of notifications.

5.4
Official notifications and the like are to be forwarded by means of registered mail with return receipt. The deadlines set by the Rules start from the date of receipt of said notifications. Notifications made available in other than documentary form (e.g., by means of fax or e mail) must be followed within fifteen (15) days by the forwarding of a written confirmation by means of registered mail with return receipt.

5.5
All the deadlines set by the Rules expiring in the period comprised between 1st August and 10th September are suspended.


Article 6
Confidentiality
6.1
Any information or documentation made available by the parties involved during the course of the Proceedings is confidential in nature and may not be released without the explicit permission of the party making available said material, except in the case of implementing corrections provided for under the law.

6.2
The Court may publish any award rendered at the end of the phase covered in Part IV below of these Rules. Failing any authorisation by the parties involved publication of awards can not allow parties' identification


Article 7
Procedural Costs
7.1
The costs of the Proceedings shall be determined by the Court, having regard to the Fee Chart in force.

7.2
In evaluating the monetary value of the dispute for the purpose of determining the procedure costs, there shall be taken into consideration the sum of the claims made by all the parties involved.

7.3
The Court has the right to amend the Fee Chart. Any such modifications shall apply only to those procedures that begin after the publication of said modifications.

7.4
The expenses of the Proceedings are due jointly and severally by the parties involved.

7.5
The parties shall pay the costs in the same proportion and in advance. The Court may authorise partial payments. If during the course of the arbitration, the value of the dispute is different from the value initially determined, that is further procedural costs are expected, the Court can then determine adjustments in the advance payments to be made by the parties. In case the parties fail to pay the amount requested, the Court can declare the procedure interrupted or terminated.

7.6
In case the value of the dispute has not been determined, the Court, or the Secretariat in case of mediation only, determines the applicable fees in accordance with the complexity and importance of the dispute.


Article 8
Extra-procedural Settlement of the Dispute
8.1
When and if the parties involved settle a dispute governed by these Rules in a manner not provided for by said Rules, said parties must promptly notify the Court to that effect.

8.2
If the file has already been transmitted to a Mediator or an Arbitral Tribunal, the parties involved may request that the settlement in question be recorded in compliance with the Procedure. Otherwise, the Court shall declare the Proceedings terminated and shall so notify the Mediator or the Arbitral Tribunal and relieve them of further involvement.

8.3
The parties involved shall be responsible for payment of the Procedure costs in relation to the status of the Procedure itself at the moment in which the extra procedural settlement takes place.


Article 9
Gaps and interpretation of the Rules
9.1
In all matters not expressly provided for in these Rules, Mediators, Arbitral Tribunals and the Court shall proceed in a way analogous to the spirit of said Rules.


Article 10
Effective Date of Validity and Duration of the Rules
10.1
These Rules and annexes shall be in effect as of January 1st, 2004.

10.2
Either these Rules and their annexes may be amended by the Court. Such changes shall have no effect on procedures already in progress on the date of validity of said changes.