PART II

The Procedure



Article 11
Commencing the Procedure. The Request.
11.1
Anyone wishing to present a case for Proceedings (hereafter to be referred to as the "Claimant") must have presented to the Secretariat of the Court and to the opposing party/ies a written request (hereafter to be referred to as the "Request") to that effect.

11.2
The Request must be signed by the Claimant and must contain the following information:

a) the Claimant's name (if a juridical entity: name, type, main offices and legal representative);

b) the legal domicile chosen by the Claimant for the receipt of official notifications;

c) the name of the Claimant's possible representative during the Proceedings together with a statement giving to the said representative the power to settle the dispute or to appoint Arbitrators;

d) the name and known address of each party convened to take part (hereafter to be referred to as the "Defendant");

e) the text of the agreement making reference to the Procedure, previous or subsequent to the arising of the controversy, if such a document exists; or in the absence of such a document, the request to each opposing party to take part in the Procedure either to its fullest extent or to the Mediation only;

f) a summarised statement of the events and of the claim as well as of the reasoning upon which said claim is based;

g) the basic documentation upon which the claim is based;

h) possible suggestions for the naming of the Mediator and/or the component members of the Arbitral Tribunal;

i) proof of payment already made for the costs set forth in the Fee Chart under letter A.

11.3
The Request, with all due remarks, shall be transmitted in writing by the Court to each Defendant within the shortest possible period of time following the presentation of said Request to the Court, with the request that there be forwarded to the Court the Answer provided for under the following article.

11.4
The Procedure shall be considered as commenced on the date the Court receives the Request.

Article 12
The Answer
12.1
Each convened Defendant shall have twenty (20) days from receipt of the Request to notify the Court with a written reply (hereafter to be referred to as the "Answer") regarding said Request. The term is reduced to fifteen (15) days in case only mediation is activated.

12.2
If the parties intend to start only the mediation phase, the Claimant, when the above stated term has ineffectively expired, can withdraw the Request. Otherwise if the Defendant refuses to enter the procedure, or does not send any communication within 45 days from the filing of the Request, the Secretariat dismisses the procedure, and informs the parties.

12.3
The Defendant is required to specify in the Answer the following information:

a) the name of the Defendant convened (if a juridical entity: name, type, main offices and legal representative);

b) the legal domicile chosen by the Defendant for the receipt of official notifications;

c) the name of the Defendant's possible representative in the Proceedings together with a statement giving to the said representative the power to settle the dispute or to appoint Arbitrators;

d) any pertinent comments on the Request and in particular, if requested, the acceptance or rejection of the proposal to take part in the Procedure either to its fullest extent or to the Mediation phase only;

e) any possible counterclaims;

f) a summarised statement of the events and of the claims and of the reasoning upon which the Answer is based;

g) the basic documentation upon which the Answer is based;

h) possible suggestions on the appointment of the Mediator and/or of members of the Arbitral Tribunal.

Article 13
The Reply
13.1
Whenever an Answer contains counter claims, the Claimant and every other convened Defendant may send a Reply to the Court within ten (10) days of the receipt of the Answer.

Article 14
Determining the Procedure Type and Venue
14.1
Once the deadline has expired for the presentation of the Answer and any possible Reply, in compliance with the provisions in article 12.2:

a) if there is shown to be an absolutely clear impossibility or invalidity of any agreement to submit to Proceedings, the Court decides not to begin said Proceedings;

b) when and if all the parties involved assent to the Procedure and do not indicate opposition to enter into said Mediation, the Secretariat commences the Mediation;

c) in all other cases the Court commences the Arbitration, forwarding notification to that effect to the parties involved and indicating, whence the Procedure has been initiated, the venue of said Procedure, as based on the suggestions offered by said parties and on any other useful indication.

Article 15
Precautionary and Emergency measures
15.1
Each party shall undertake, after the start of the Procedure, not to request the state judge the granting of precautionary or emergency measures on its behalf or against an opposing party without prior written authorisation from the Court.

15.2
The request for authorisation must be presented to the Court in writing, and the Court shall make its decision with all deliberate speed, providing information to the other parties, to the Mediator or Arbitral Tribunal only when such information does not prejudice the interests of the petitioning party.

15.3
The fact that one of the parties involved makes a request for precautionary or emergency measures without first having applied for authorisation from the Court or after the Court has denied such authorisa tion shall be considered a serious procedural breach of conduct, even for the purposes of assessing the Procedure costs among the parties involved.