GENERAL REGULATIONS OF THE CONSOLAT DE MAR

RULES OF ARBITRATION

Rules of arbitration - REPEALED REGULATIONS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Regulations concerning the procedure for consensual conflict resolutions - REPEALED REGULATIONS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

Article 1. Concept

The procedure for consensual conflict resolution is one of the so-called alternative conflict resolution systems mentioned in Article 9,b, of the Consolat de Mar Regulations and is governed by the rules contained in the following articles:

Article 2. Request

The business owner wishing to use the procedure for consensual conflict resolution must communicate this wish in writing to the secretary of the Consolat de Mar, indicating:

a) The name, address and other data for sending notifications.

b) The name of the other parties to the conflict, giving their address and other data for sending notifications.

c) The subject of the dispute and its amount, if it is known.

d) The qualities and qualifications that it is considered that the neutral mediator should have.

e) Any other aspects that are considered relevant.The document shall be accompanied by the receipt of payment of the registration fees stated in the corresponding scale of charges and, if applicable, the document declaring the undertaking to be present at this procedure in the event of disagreement.

Article 3. Acceptance of the procedure

The Council of Twenty or the Restricted Committee shall examine the request and shall determine whether it is eligible for the procedure.
If it is, the request shall be forwarded to the other party with a copy, if applicable, of the supporting documentation so that it may indicate whether it accepts the procedure, in writing and within a maximum period of 20 days.
If this term should expire without receiving any answer or if this answer is negative, it shall be understood that the procedure is not accepted and the requesting party shall be notified thereof.

Article 4. Preliminary hearing

If the other party accepts the procedure, the Council of Twenty or the Restricted Committee shall summon the parties to a preliminary hearing, at which, before the Council or the Committee, they undertake to keep strictly confidential and to not make use under any circumstances:

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

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

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

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

e) of the fact that one party has been willing to accept the neutral mediator’s proposalThe parties may stipulate the clauses they consider appropriate to mutually guarantee observance of the confidentiality undertaking.

In addition, at this preliminary hearing, the parties shall appoint the person who shall act as neutral mediator.
The minutes of the hearing shall be drawn up, which shall be signed by all those attending, unless the hearing has been held before the Council of Twenty, in which case the signature of the Chairman and the Secretary shall be sufficient.

Article 5. Appointment of the neutral mediator if there is no agreement between the parties

In the absence of agreement concerning the appointment, the Council of Twenty or the Restricted Committee shall appoint the neutral mediator, who shall notify the appointment to the parties so that they may indicate their acceptance or rejection within a maximum period of 10 days.

Article 6. Objection

If either party should object to the person appointed, the Council of Twenty or the Restricted Committee shall appoint another person and notify said appointment to the parties, with the same purpose as in the pervious article.
If either party should also object to this second appointment, the Council or the Committee shall consider the procedure ended and shall notify the decision to the parties.

Article 7. Provision of funds

Once agreement has been reached concerning the neutral mediator, the amount of the provision of funds specified in Article 12 of the Consolat de Mar Regulations shall be notified to the parties, with the effects stated therein, together with the amount indicated in Article 4, if it has not been paid already.

These payments must be made within 30 days. Upon expiry of this term, the procedure shall be considered ended or suspended, at the choice of the Council of Twenty or the Restricted Committee, the corresponding decision shall be notified to the parties and the corresponding document shall be issued, without this implying any exemption from the amounts accrued.

Article 8. Procedure

Once the amounts stated in the previous article have been paid within the required time, the neutral mediator shall summon the parties in order to:

a) see whether it is possible to attain a consensual agreement that renders continuation of the procedure unnecessary.

b) if no consensual agreement is attained, establish by unanimous decision the procedure to be followed, without prejudice to the parties agreeing to leave the decision concerning this aspect to the neutral mediator, who, insofar as this is possible, shall follow the mediation technique.
If there is agreement between the parties on all, or some, of the aspects indicated, a document shall be drawn up which shall be signed by the neutral mediator and the parties.

Article 9. Final agreement

If the parties reach a final agreement at the end of the procedure, a document shall be drawn up which shall be signed by the neutral mediator and the parties.
The final agreement is binding for the parties.

Article 10. Termination of the procedure

The procedure ends if any of the following events occur:

a) acceptance of the final agreement, as stated in the previous article

b) because 60 days or such other term that the parties may have determined has elapsed

c) because one of the parties has expressly or tacitly waived continuing with the procedure

d) if the neutral mediator states to the Consolat de Mar and the parties that the conflict is not open to resolution by the parties

e) if the parties agree to submit the conflict to arbitration or to an alternative conflict resolution system that is different from consensual conflict resolution

f) in the event of death, incapacity or abandonment of the neutral mediator, except when the parties agree to continue with another neutral mediator appointed by them or, at their request, by the Council of Twenty

g) expiry of the 30-day period after notification to the parties of the supplementary amount specified in Article 12 of the Consolat de Mar Regulations and it has not been paid

Article 11. Confidentiality

All of the Consolat de Mar activities, the procedure, agreement and any other activity are private and confidential.

Everyone who has taken part in the procedure, no matter in what capacity, must keep in confidence the points indicated in Article 4 of these Regulations.

The neutral mediator, the parties and their advisors cannot, under any circumstances, act in a court, arbitral or alternative procedure concerning the same conflict, as judge, arbitrator, neutral mediator, expert, appraiser, representative or advisor to any party nor may they give evidence as witnesses.

Article 12

The Barcelona Official Chamber of Commerce, Industry and Navigation, the Consolat de Mar, the consuls, the neutral mediators and the Chamber staff working in the Consolat de Mar shall not be liable under any circumstance for actions or omissions arising from the consensual conflict resolution procedure.