ARTICLES OF THE CHAMBRE ARBITRALE MARITIME DE PARISDownload the articles of the CAMP
Article 1.– In accordance with the provisions of the law dated 1st July 1901 a Maritime Arbitration Chamber (Chambre Arbitrale Maritime) is established, the object of which is the speedy and economical settlement of the disputes submitted to it.
The Paris Chambre Arbitrale Maritime is made up of institutional members, which are necessarily legal entities, and individuals.
The following are eligible for institutional membership of the ChambreArbitrale Maritime: associations or groups of shipowners, charterers, ships’ agents, forwarding agents, stevedores, brokers, shipbuilders, ship repairers, insurers, Chambers of Commerce and Industry, and in general any group or legal entity directly or indirectly concerned by problems of general interest relating to maritime transport, shipbuilding, ship repairing, insurance or ship management.
Arbitrators who have been enrolled for at least 5 years in the list of arbitrators referred to in article 3 paragraph 4 who so request by submitting an application to the Council may be “individual” members of the Paris Chambre Arbitrale Maritime.
The decision to admit the new members, which are proposed by the Council, is taken sovereignly by the General Meeting.
Article 2.– The Head Office of the Chambre Arbitrale Maritime is in Paris, 16, rue Daunou 75002 PARIS; it may be transferred to any other premises in Paris by simple decision of the Council, or in any other town in Metropolitan France by decision of a General Meeting.
Article 3. – The General Meeting of the Chambre Arbitrale Maritime shall comprise delegates from each institutional member of the association and arbitrators admitted as members of the association.
The General Meeting meets once a year and also each time that it is necessary. It is convened either by the President, or on the demand of the majority of the members of the Council.
The General Meeting, which has sovereign power of decision and approval, reads the Council management reports, the budget recommendations, the
management accounts, and generally all kinds of recommendations on the Chamber’s business and its promotion.
The General Meeting shall establish the annual amount of the subscriptions payable by the two categories of members. Votes are made per member; each institutional member possesses one double vote, and each arbitrator member possesses one single vote. However, the Meeting can unanimously decide to grant a higher number of votes to any member whose size warrants this allocation.
It is up to the General Meeting to draw up a list of the arbitrators of the Chambre Arbitrale Maritime comprising French or foreign persons who
are considered to be capable of performing the functions of arbitrators, due to their maritime experience and competence, and to keep it up to date.
These persons are classified on this list according to their speciality, and in alphabetical order, in order to facilitate consultation.
The General Meeting can make any modifications, which it considers necessary to the list, either by removing, or by appointing new arbitrators.
A list of honorary arbitrators is also drawn up, which comprises all of the persons who were on the previous list for at least ten years and who no
longer wish to be designated as arbitrators, whilst keeping links with the Chamber.
On the President’s proposal, seconded by the Consultative Committee, the General Meeting may, if it considers this to be expedient, either remove from the list, or transfer to the honorary list, subject to the conditions in the previous paragraph, any arbitrator who has not been appointed by a party or by the Committee in any matter leading to an award, for at least three years.
Article 4.– The Chambre Arbitrale Maritime shall be administered by a Council consisting of at least 16 members, elected by the General Meeting on proposal of the members of the Chamber. One half of the Council shall be reviewed each year. Election shall take place by secret ballot and on a majority of votes cast. Members whose term of office has expired may be reelected. The Council shall elect from its membership to form its Board, a President, two Vice-Presidents, a treasurer and the Secretary General, if the latter is a member of the Council.
The Council shall organize and manage every department of the Chambre Arbitrale and is responsible for reporting to the General Meeting.
General Powers of the Council
Article 5.– Le Conseil administre la Chambre Arbitrale par délégation de l’Assemblée Générale.
Il doit établir les Règlements de la Chambre et étudier les éventuelles modifications qu’il peut y avoir lieu d’apporter et faire à l’Assemblée toutes propositions à cet égard.
Il élabore, approuve le budget de la Chambre arbitrale préparé par le Bureau et le présente à l’Assemblée Générale pour adoption, il décide dans le cadre de sa mission générale d’administration de l’emploi des sommes recueillies comme frais d’arbitrage, étudie la contribution des membres adhérents aux dépenses de la Chambre ainsi que le niveau des honoraires à allouer aux arbitres, de même que le montant des frais d’arbitrage devant être avancé par les parties, vérifie les comptes annuels et statue sur leur adoption, le tout devant être soumis à l’approbation de l’Assemblée.
Il incombe en outre au Conseil d’examiner les dossiers de candidature à une inscription sur la liste des arbitres et de faire à l’Assemblée toute proposition après avis de la Commission Consultative.
Article 6.– Le Conseil de la Chambre Arbitrale se réunit aussi souvent qu’il est nécessaire, sur la convocation du Président, ou sur la demande de la majorité de ses membres.
Tout membre du Conseil qui, régulièrement convoqué, a négligé d’assister à trois séances consécutives, sans motif reconnu légitime, est déclaré
démissionnaire. S’il s’agit du représentant d’un membre institutionnel, il doit être pourvu sans délai à son remplacement sur proposition des membres qu’il représentait.
ATTRIBUTIONS GÉNÉRALES DU BUREAU
Article 7.– – The Chambre Arbitrale Maritime shall be administered in the name of the Council by its President assisted by the other members of the Board.
The President, or failing him, the Treasurer, has full powers in the name and on behalf of the Chambre Arbitrale, to open any accounts, effect any deposit, purchase and sell any bonds, obtain in its favour any loans against bonds or otherwise, proceed with any withdrawals, conversions or reinvestments, and in general effect all operations pertaining to funds.
He may give a special mandate to any person of his choice to accomplish any act within his powers under the present Articles.
He may, if temporarily prevented from acting, delegate his powers to a VicePresident or, if none, to any member of the Board or a member of the
Council. He shall have the same power in case the Treasurer is temporarily prevented from acting. In any case the next Council meeting, which must be held latest within the next three months, shall be called upon to ratify such delegations or to substitute for them any temporary appointment of its choice.
On the President’s proposal, the Council may give power to any person to assist him as Secretary General; it shall determine the scope of his powers
and his term of office. If the Secretary General appointed is a member of the Council, his term of office cannot exceed the period for which he has been elected, subject to re-election.
The President may give special authority to the Secretary General or any person of his choice to perform acts which fall within the scope of his powers granted pursuant to these Articles.
The Committee of the Chambre Arbitrale Maritime de Paris
A / Membership of the Committee
The Committee of the Chambre Arbitrale Maritime shall be made up of the President in office and of two titular members appointed for two years by the Council from amongst the arbitrators who have been on the list referred to in Article 3 above for at least three years. Such appointments are subject to acceptance by these members who may request renewal of their appointments.
The Council shall appoint, subject to the same conditions, a list of six supplementary members of the committee upon whom the President may call for a specified purpose, either in the case where a titular member is appointed as arbitrator in a matter referred to arbitration by the Chambre and of which he could not otherwise have been aware, or in the case where a titular member has an interest in a matter submitted to the Chambre, or in the case of any inability of a member of the Committee to perform his functions, or for reading draft awards as referred to in paragraph B below.
In the event of the President’s inability to act, a Vice-President shall act in his place. If no Vice-Presidents are able so to act, the Committee shall be chaired by one of the titular members. In the absence of an available titular member, the Committee shall be chaired by the first available supplementary member taken from the list of supplementary members decided by the Council.
B/ Responsibilities and Functions of the Committee
The Committee shall, by delegation of powers from the Council, ensure the implementation and the conduct of arbitrations submitted to the Chambre, in accordance with the provisions of the CPC applicable to arbitration and the Rules of Arbitration adopted in General Meeting. To this end the Committee shall appoint, under the President or his substitute’s signature, the arbitrators whom he is to choose, i.e. the third arbitrator or sole arbitrator at first instance and the third arbitrator in the case of a second stage examination or fast-track arbitration.
The Committee shall also examine, before their publication, drafts of awards prepared by arbitrators pursuant to Article XXI (first paragraph) of the Rules of Arbitration.
For this purpose the titular and supplementary members of the Committee shall be called upon on the basis of a rota established by the President to take part in the above reading of draft awards.
Finally the President or his substitute may seek the advice of the two titular members or, failing that, of supplementary members on any difficulty,
particularly of procedure, that may arise.
To cover secretarial and communication expenses incurred in the interests of the Chambre, the members of the Committee may be paid a lump sum, the
amount of which shall be fixed by the Board. Travel expenses shall be similarly reimbursed against vouchers.
Article 9.– A permanent Consultative Committee shall be established whose role shall be to submit to the President of the Chambre, or, in close consultation with him, to the Council or to the General Meeting of the Chambre, all proposals relating to its efficient working and to the
development of its activity.
It will be consulted for advice on modifications to the list of arbitrators, either by the exclusion of or the addition of names.
The members of the Board and the two titular members of the Committee of the Chambre shall be members ex officio. Four other members shall be
appointed, among the arbitrators of the list, for three years by the Council of the Chambre on proposal by its President.
The Consultative Committee meets whenever necessary, convened by the President or on request of a majority of its members.
Each institutional member of the Chambre can, if it wishes to, appoint a permanent representative to attend the Consultative Committee meetings, and possibly participate in drafting its proposals.
Article 10.– An annual subscription is to be paid by the arbitrators whose names appear on the list drawn up by the General Meeting of the Chambre with the exception of the honorary arbitrators, in order to contribute to the running expenses, and to provide for the documentation and information services of the Chambre and, if they so wish, to be members of the Chambre. Arbitrator technicians are exempted from paying this subscription unless they are members. Methods and amount of payment shall be determined annually by the Council. If the General Meeting establishes that arbitrators have not paid their subscriptions, it may strike them off the list.
Such sundry expenses as are incurred in the interest of the Chambre by members of the Board and the Committee shall be reimbursed upon production of vouchers.
Article 11.– – The dissolution of the Chambre Arbitrale Maritime can only be decided on the initiative of the Council, by a General Meeting specially convened for this purpose, a majority of three quarters of the members of the General Meeting present or represented being necessary.
In case of dissolution, remaining funds, after settlement of all expenses, shall be distributed as provided by law.
Article 12.– – If one of the institutional members represented on the Council retires from the Chambre Arbitrale, said member must settle any amount due to the Chambre, but has no right to any share of the assets. All individual members shall lose their status as contributing members of the association on leaving the list of practising arbitrators.
Article 13.– The present articles are binding upon anyone belonging to the Chambre Arbitrale or resorting to it for arbitration.
In case of any dispute arising in connection with them, attribution of jurisdiction is made to the “Tribunaux de Paris”. All interested parties
compulsorily elect domicile in Paris, at the Head Office of the Chambre Arbitrale.
Article 14.– Full powers are given to the bearer of a duplicate of the presentarticles and an extract of the minutes of the extraordinary general meeting, to effect at the Prefecture de Paris, the deposit described by article 5 of the law of 1st July 1901.