ELArb European-Latinamerican Arbitration Center GmbH

Statutes

The Statutes of the ELArb Arbitration Center determine the prerequisites for being listed in the ELArb-List of Arbitrators and specify the tasks of the Appointing Committee.

The Executive Committee of the ELARB European-Latinamerican Arbitration Center GmbH has decided in its meeting on 23 February 2017, in accordance with § 7 sub-paragraph (3) sentence 2 of the Articles of Association on the following Statutes for the ELArb Arbitration Center:

(1) The Executive Committee shall add to the List of Arbitrators all individual members or persons listed by corporate members of the ELARB European-Latinamerican Arbitration Association e.V. who comply with the following conditions:

(a) submission of a duly signed Application Form for Arbitrators (the submission of a pdf-document by email is sufficient);

(b) submission of a Curriculum Vitae;

(2) The admission to the List of Arbitrators shall be decided by the Executive Committee.

(1) § 8 sentence 1 of the Articles of Association of the ELARB European-Latinamerican Arbitration Association GmbH determines the formation of the Appointing Committee. The Executive Committee is in charge of appointing and substituting the members of the Appointing Committee.

(2) The Executive Committee shall appoint the members of the Appointing Committee for a period of two years. Consecutive appointments are permitted.

(3) The Appointing Committee shall consist of three members and three substitute members. In principle, the Appointing Committee shall consist of at least one member from Latin America and one from Europe.

(4) The Appointing Committee shall have all powers and duties as set forth in the ELArb Arbitration Rules for the ELArb Arbitration Center ("ELArb Arbitration Rules" or "ELArb Rules"), including in particular the power and obligation to appoint / nominate and replace arbitrators as set forth by Art. 4 (2) thru (4), Art. 5. (3), Art. 7 (4) and (5) and Art. 9 (2) of the ELArb Arbitration Rules.

(5) The Appointing Committee also rules on challenges and terminates the mandate of arbitrators, as provided for by Art. 8 and Art. 9 (1) of the ELArb Arbitration Rules.

(6) The Appointing Committee decides on an increase and/or a reduction of the fees to be granted to the arbitrators because of exceeding or reduced workload in the arbitral proceeding according to Art. 25 (4) of the ELArb Arbitration Rules / No. 11 of the Schedule of Costs. This decision shall be made by the Appointing Committee with due regard to the circumstances of the arbitral proceedings.

(7) Further functions may be assigned to the Appointing Committee by virtue of the ELArb Arbitration Rules.

(8) The Appointing Committee is not bound by proposals or directions. Its work is confidential. It decides by simple majority. The decisions are taken by any appropriate means. Minutes are to be taken on the decisions made.

(9) Members of the Appointing Committee who participate in any function in arbitral proceedings within the scope of the ELArb Arbitration Rules cannot exercise their function regarding such arbitral proceeding. A member of the Appointing Committee may not be nominated as arbitrator by the Appointing Committee. If a member of the Appointing Committee has been appointed as arbitrator by a party in a matter for which nomination of an arbitrator by the Appointing Committee is required, it shall be subrogated for that matter by the competent alternate member. These rules apply mutatis mutandis for substitute members.

(10) In case of dispute, the Executive Committee shall decide (however without the participation of any person involved in the disputed proceeding).

Downloads

Download the Statutes for the ELArb Arbitration Center as PDF document.