GENERAL REGULATIONS OF THE CONSOLAT DE MAR

RULES OF ARBITRATION

Rules or arbitration - REPEALED REGULATIONS

REGULATIONS CONCERNING THE PROCEDURE FOR CONSENSUAL CONFLICT RESOLUTIONS

Regulations concerning the procedure for consensual conflict resolutions - REPEALED REGULATIONS

REGULATIONS CONCERNING THE PROCEDURE FOR CONSENSUAL CONFLICT RESOLUTIONS

CHAPTER I. ORGANISATION

Article 1. The Consolat de Mar

In the event of business disagreements and conflicts occurring between business owners, the Barcelona Official Chamber of Commerce, Industry and Navigation provides arbitration services and alternative systems for settling conflicts through the Consolat de Mar.

Article 2. Headquarters

The Sea Consulate's headquarters are located at the Casa Llotja de Mar, Paseo de Isabel II, no. 1, in Barcelona.

Article 3. The Council of Twenty

The Sea Consulate performs its functions through the Council of Twenty, composed of the President of the Chamber of Commerce and twenty consuls:

a) nineteen consuls appointed by the Plenary Session of the Chamber of Commerce, at the proposal of the Executive Committee. These consuls shall be individuals of acknowledged repute in industry, commerce and services within the Chamber of Commerce’s territorial scope, and shall represent the broadest possible range of business sectors

b) a twentieth consul who shall be the President of the Cereals Exchange, in consideration of the Exchange’s historical associations with the Consolat de Mar

Article 4. Chairman

The Council of Twenty shall be presided over by the President of the Chamber of Commerce, or, if so delegated by him, the senior consul, chosen from among the members of the Council of Twenty.

Article 5. Secretary

The Consolat de Mar secretarial functions shall be performed by the General Secretary of the Chamber of Commerce or one of the Chamber's employees, provided that such person is a barrister, who has been designated beforehand by the Executive Committee at the President's proposal.

Article 6. Consuls' term of office

The consuls’ term of office shall be four years. They may be re-elected.
The term of office may end before expiry due to resignation, disability or termination agreed by the Chamber of Commerce’s Plenary Session. In such case, the term of office of the replacement shall expire upon completion of the 4-year period corresponding to the replaced person, who may also be replaced before expiry of this term.

Article 7. Functioning

The Council of Twenty is summoned by its Chairman and/or senior consul, giving at least 2 weeks’ notice, by means of a letter sent to its members at the address, or other alternative means, notified for such purposes.
The Council shall be formed at the first summons if it is attended by at least half of the effective members. Failing such attendance, it shall be formed at the second summons, even when such second summons has not been expressly stipulated, if it is attended by at least one third of the effective members.
Failing attendance of the senior consul, the members attending shall designate the person who shall perform the senior consul’s functions at the meeting.
Agreements shall be made by majority vote, with the Chairman, if he is present, having casting vote.The Secretary, with the approval of the Chairman or senior consul, shall draw up the corresponding minutes, which may be approved immediately or at the next meeting.

Article 8. Restricted Committee

At the end of each meeting, the Council of Twenty shall appoint a Restricted Committee, composed of the senior consul and two other consuls, who shall be delegated, during the period between meetings of the Council of Twenty, the Council’s functions in the administration of arbitrations and alternative systems for the settlement of conflicts.
The agreements made by the Restricted Committee must be unanimous and it shall report on its activities at the following meeting of the Council of Twenty.

CHAPTER II. PROCEDURES FOR THE RESOLUTION OF CONFLICTS

Article 9. Classes

The disagreements that may arise between business owners concerning business issues may be resolved, within the Consolat de Mar:

a) by domestic or international arbitration in law or equity

b) any procedure included in the so-called alternative systems for settling conflicts that has been established by the Consolat de Mar

Article 10. General procedures

The procedures shall be carried out in a flexible manner, seeking consensual settlement of the dispute and furthering the personal relationship between the parties.
In any case, the principles of hearing, contradiction, equality between the parties and confidentiality shall be strictly adhered to.

Article 11. Confidentiality

The arbitrators and neutral mediators involved in the procedures shall act with total impartiality, independence and loyalty to the parties and shall keep in strict confidence all that refers directly or indirectly to their actions. They shall sign the appropriate confidentiality undertaking when accepting their appointment.

Particularly in the alternative systems for the resolution of conflicts, the neutral mediators must undertake in writing to not make use, in any case, of:

a) the points of view expressed by the parties during the procedure with a view to a possible resolution of the conflict

b) the documents, reports or statements made or produced during the procedure

c) any acceptance or admission by the parties during the procedure

d) the proposals made verbally or in writing by the neutral mediator

e) the fact that one party has been willing to accept the neutral mediator’s proposal

Article 12. Costs

The Council of Twenty shall decide for each procedure the scale for calculating the costs.The costs of the procedure, including the fees of the individuals who have rendered their services as arbitrator or neutral mediator, shall be paid for by the parties.

At the start of the procedure, the Council of Twenty or the Restricted Committee shall notify the amount that has been calculated corresponding to costs to the parties and also the amount corresponding to each party.
If, after the procedure has been started, it is seen that the initial provision shall be insufficient, the Council of Twenty or the Restricted Committee shall notify the parties of the supplementary amount that must be paid.

If the corresponding amounts have not been paid by 30 days after the notification, the procedure shall be considered ended or suspended, as the Council of Twenty or the Restricted Committee may decide; this decision shall be notified to the parties and the appropriate document shall be issued.

Article 13. Documentation

The documentation concerning the procedures shall be kept at the Consolat de Mar secretariat, in the safekeeping of the secretary of the Council of Twenty.

The secretary of the Council of Twenty shall issue the documents provided in these regulations and, depending on the type of procedure, they shall be signed by the consuls, the arbitrator, the neutral mediator and the parties.
The secretary of the Council of Twenty shall issue the corresponding records.

Article 14. Notices

Any notices that must be sent by the arbitrators or the neutral mediators or the parties with respect to these procedures may be sent through the Chamber of Commerce’s General Register or by any other means that provides proof of issue and receipt.

Article 15. Representation

The parties must be represented in all procedures by a person with power of attorney to commit the party in arbitration or to compromise, in general or on the issue raised, depending on whether the procedure is an arbitration or an alternative system for settling conflicts.

The power of attorney must be granted before a Notary or apud acta before the secretary of the Council of Twenty.