ARBITRATION

The Official Chamber of Commerce, Industry, Services and Navigation Official Barcelona Chamber of Commerce, Industry, Services and Navigation performs, among others, its arbitral functions through the Consulate of the Sea and, in particular, through the governing body of the latter, known as the Council of Twenty.

This regulation is applicable to arbitration administered by the Consulate of the Sea.

The Council of Twenty does not resolve arbitrations directly, but plays the role of administering and overseeing them in accordance with these regulations.

The Council of Twenty is governed by the corresponding regulations approved by the Official Chamber of Commerce, Industry and Navigation of Barcelona.

“Arbitration tribunal” refers to arbitrators, whether one arbitrator or more than one arbitrator.

References in the singular include the plural when there is more than one party.

Reference to contact details includes any of the following: address, primary residence, establishment, postal address, telephone, fax and email address.

Reference to “award” includes both the final award and the partial or interlocutory awards.

Reference to the “Arbitration Act” refers to the arbitration legislation that is applicable and that is in force at the time the arbitration request is submitted.

Submission to the arbitration rules is understood to be made to the rules in force on the date of commencement of the arbitration proceedings, unless the parties have expressly agreed to submit to the rules in force on the date of the arbitration agreement.

All communications submitted by a party, in addition to the accompanying documents, must be accompanied by as many paper copies as there are parties involved, plus an additional copy for each arbitrator and for the Council of Twenty, plus one digital copy. The Council of Twenty, at the behest of the parties or ex officio and in accordance with the circumstances of the case, may waive the obligation to submit a digital copy.

Furthermore, a copy of all the arbitration tribunal communications and decisions addressed to the parties or to either of the parties must be sent simultaneously to the other party and to the Consulate of the Sea Secretary’s Office.

In their first brief, each party shall designate an address for communication purposes.

Should a party fail to designate an address for communication purposes, nor has that address been stipulated in the contract or arbitration agreement, communications to that party shall be addressed to his or her home, establishment or primary residence.

Should it not be possible to ascertain, following a reasonable inquiry, any of the locations mentioned in the previous section, communications served on that party must be addressed to the recipient’s last known address, primary residence, establishment.

It is the responsibility of the party requesting arbitration to inform the Consulate of the Sea Secretary’s Office of the defendant’s contact details which it has or may be aware of, until that party responds or designates an address for communication purposes.

Communications can be served by means of delivery with acknowledgement of receipt, registered post, courier service, fax or electronic communication that record the issuance and receipt thereof. Electronic communication is encouraged.

A communication shall be deemed to have been received on the day it is:

– Personally delivered to the recipient.

– Delivered to his/her address, primary residence, establishment or known address.

– There has been an attempt to deliver in accordance with the provisions of paragraph 4 of this article.

Unless otherwise established, within the deadlines specified in days, to be counted from a given date, this date shall be excluded from the calculation, which must start to run from the following day.

All communications are deemed to have been received on the day on which they were delivered or attempted to be delivered in accordance with the provisions of the preceding article.

Non-business days are not included in the calculation of deadlines, however, if the last day of the deadline is a non-business day in the place where the notice or communication is deemed to have taken place, the deadline shall be extended to the next business day.

August is generally deemed to be a non-business month unless the parties should decide otherwise.

The deadlines set forth in these regulations are subject to modification on a case-by-case basis (including being extended, reduced or suspended) by the Council of Twenty, until the constitution of the arbitration tribunal, and by it, from that moment onwards, unless otherwise expressly agreed by the parties.

The request for arbitration must contain the following information as a minimum:

Full name, address and other relevant data to identify and contact the claimant party or parties and the defendant party or parties. In particular, the addresses shall be indicated to which communications shall be addressed to all such parties in accordance with Article 3.

The full name, address and other relevant data to identify the persons representing the claimant in the arbitration in order to contact them.

A brief description of the dispute.

The petitions that are made and how many of them there are.

The agreement, contract or legal transaction from which the dispute derives or is related to.

Any arbitration agreement or agreements that are invoked.

A proposal on the number of arbitrators, the language and venue of the arbitration proceedings, if there is no prior agreement on this or if it is intended to be modified.

If the arbitration agreement sets forth the appointment of a three-member tribunal, the appointment of the arbitrator to be chosen, the full name and contact details which must be indicated, accompanied by the Declaration of Impartiality and Independence set forth in Article 12.

The request for arbitration may also contain an indication of the rules applicable to the substance of the dispute.

At least the following documents must be attached to the request for arbitration:

Copy of the arbitration agreement or of the communications providing proof thereof.

If applicable, a copy of the contracts from which the dispute has arisen.

Letter of appointment of the persons who are to represent the party in the arbitration, signed by this person.

Proof of payment of the registration fee.

If the request for arbitration is incomplete, the required number of copies or attachments are not submitted, or the registration fee is not paid, the Consulate of the Sea Secretary’s Office may set a deadline, not exceeding 10 days, for the claimant to resolve the issue or pay the fee. Once the issue has been resolved or the aforementioned amount has been paid, the request for arbitration shall be deemed to have been validly submitted.

Once the request for arbitration has been validly submitted, the Consulate of the Sea Secretary’s Office must send a copy of the request to the defendant forthwith.

The defendant must respond to the request for arbitration within 15 days of receipt thereof.

The response to the request for arbitration must contain the following information as a minimum:

The defendant’s full name, address and other relevant data to identify and contact him/her; in particular, the person and the address to which the communications are to be made during the arbitration proceedings.

The full name, address and other relevant data to identify and be able to contact the persons who are to represent the defendant in the arbitration proceedings.

Brief statements in the claimant’s petitions.

If he/she rejects the request for arbitration, his/her position on the existence, validity or applicability of the arbitration agreement, or on the cause thereof.

His/her position on the claimant’s proposal regarding the number of arbitrators, the language and venue of the arbitration, if there is no prior agreement in place or if he/she wishes to put forward a change.

If the arbitration agreement stipulates the appointment of a three-member panel, the appointment of the arbitrator the party is entitled to choose, the full name and contact details of which must be indicated, accompanied by the Declaration of Impartiality and Independence set forth in Article 12.

The response to the request for arbitration may also contain an indication of the rules applicable to the substance of the dispute.

The response to the request for arbitration must be accompanied by at least the written confirmation of the persons who shall represent the party in the arbitration, signed by them.

If the response to the request for arbitration is incomplete or the required number of copies or attachments is not submitted, the Consulate of the Sea Secretary’s Office may set a deadline not exceeding 10 days for the defendant to resolve the issue. Once the issue has been resolved, the request for arbitration shall be deemed to have been validly submitted as of the date on which it was initially submitted.

Once the reply to the request for arbitration has been received including all the documentation and the correct number of copies thereof, the Consulate of the Sea Secretary’s Office must send a copy to the claimant.

Failure to respond to the request for arbitration within the deadline shall suspend neither the proceedings or the appointment of arbitrators.

If the defendant intends to file a counterclaim, he/she must notify this in the written response to the request for arbitration itself.

The counterclaim must include at least the following:

A brief description of the dispute.

The petitions that are made and how many of them there are.

A reference to the arbitration agreement or agreements applicable to the counterclaim.

The indication of the rules applicable to the substance of the counterclaim.

If the counterclaim has been submitted, the claimant must respond to that notification within 10 days of receipt thereof.

The response to the counterclaim must contain the following information as a minimum:

Brief statements concerning the description of the counterclaim made by the counterclaimant.

His/her position on the counterclaimant’s petitions.

His/her position on the applicability of the arbitration agreement to the counterclaim, in the event he/she opposes the inclusion of the counterclaim in the arbitration proceedings.

His/her position on the rules applicable to the substance of the counterclaim, if the issue has been raised by the counterclaimant.

In the event that the respondent should fail to respond to the request for arbitration, refuse to participate in arbitration proceedings or present one or more objections as to the existence, validity or scope of the arbitration agreement, the following outcomes may apply:

In the event that the Council of Twenty should reach a prima facie conclusion as to the existence of an arbitration agreement submitting administration of arbitration to the Consulate of the Sea, it shall continue with the arbitration proceedings, without prejudice to the admissibility or basis of any objections that may be raised. In this case, the arbitration tribunal is responsible for adopting all decisions as to its own competence.

If the Council of Twenty should reach a prima facie conclusion deeming that there is no arbitration agreement entrusting the administration of arbitration to the Consulate of the Sea, it must serve notice on the parties that arbitration proceedings may not proceed.

The rules set forth in the previous section shall also apply to a counterclaim, and the claimant shall be deemed to be the counterclaimer and the defendant shall be the counterclaim defendant.

As soon as possible, once the prima facie review of the existence of the arbitration agreement has been carried out, the Consulate of the Sea Secretary’s Office shall determine the payment to be made, in accordance with the fees approved and published in the Official Gazette of the Government of Catalonia (DOGC) attached as an annex to these regulations, for a sufficient sum to cover the arbitrators’ fees and the costs of administering the arbitration corresponding to the principal claims and counterclaims filed by the parties.

This payment, which is generally the final total cost of the arbitration proceedings, may be readjusted at any time throughout the proceedings, in particular in order to take into account any modification to the amount disputed by the parties, or the request, by the parties for expert opinions or other actions not initially provided therein.

The payment covers the costs of initiating, managing and processing the proceedings, the arbitrator’s fees and expenses, the formal record of minutes, if applicable, the award, as well as the notice thereof.

In the event that, in addition to the main claim, one or more counterclaims are filed, the Council of Twenty may set separate provisions of funds for the main claim and for the counterclaim or counterclaims.

The provisions thus established must be paid by the parties within the deadlines set by the Consulate of the Sea, which in no case may be less than 10 days.

Any advance payment made by either party shall be considered a partial payment of such provision of funds.

If one of the parties does not make the payment, the Consulate of the Sea Secretary’s Office must inform the other party so that, if it deems it appropriate, it can make the outstanding payment within 15 days.

If neither party makes the outstanding payment, the Council of Twenty may, at its discretion, reject the administration of the arbitration or the performance of the action for the purpose for which the outstanding provision of funds was requested. In the event that the arbitration is rejected and, once the corresponding amount has been deducted for administrative expenses and, where applicable, the arbitrators’ fees, the Consulate of the Sea Secretary’s Office must reimburse each party for the surplus amount it has paid.

If the Council of Twenty sets separate provisions of funds in accordance with the provisions of the third paragraph of this article, each of the parties shall pay the provision of funds corresponding to its claims. If any counterclaimant does not make the requested payment, the arbitration tribunal shall not rule on such counterclaim.

If, during the course of the arbitration proceedings, the payment of a supplementary payment is agreed in accordance with the second paragraph of this article and it is not paid within the period established for this purpose, the Council of Twenty, having previously consulted the arbitrators, may instruct them to suspend their activities and set a deadline, which may not be less than 15 days; the corresponding main or counterclaim shall be considered withdrawn upon the expiry thereof, but this does not deprive the interested party of the right to subsequently file the same main or counterclaim in other proceedings.

If a party submits a request for arbitration relating to a legal relationship in respect of which there is already an arbitration proceeding governed by these rules and pending between the same parties, the Council of Twenty, at the request of either party and after consulting all or both of them and, where appropriate, the arbitration tribunal, may joinder the petition in the pending proceedings, provided that the party has complied with the provisions to which it is bound with respect to the new petition for arbitration.

For the joinder of claims, the Council of Twenty must take into account, among other things, the nature of the new claims, their connection with those made in the proceedings that are already underway and the stage they are at. In cases where the Council of Twenty decides to joinder the new petition in a pending procedure with the already constituted arbitration tribunal, it shall be presumed that the parties waive the right to appoint an arbitrator with respect to the new petition. The Council of Twenty’s decision on joinder shall be firm.

The arbitration tribunal may, at the request of either party and once it has heard them both, allow the participation of one or more third parties as parties to the arbitration.

At the request of either party or at the initiative of the Council of Twenty, the Consulate of the Sea Secretary’s Office, during the course of the proceedings, may convene meetings or telephone conferences with the parties and their representatives to discuss the possibility of initiating Consensual Dispute Resolution proceedings in accordance with the relevant Consulate of the Sea rules, either by suspending the arbitration proceedings or concurrently.

If all the parties agree to initiate this proceeding, the initiation thereof shall not incur any registration fee.

The arbitrators of the case may not act as neutral third parties in the Consensual Resolution proceedings.

The arbitrators must be impartial and remain independent from the parties involved in the arbitration proceedings. By accepting the appointment, the arbitrators undertake to perform their role in accordance with the regulations and to maintain the strictest confidentiality with regard to all matters they become aware of in exercising their functions.

Prior to his/her appointment, the person designated as arbitrator shall be required to sign a declaration of independence and confidentiality. He/she must also inform the Consulate of the Sea Secretary’s Office in writing of any facts or circumstances that may call into question his/her independence. The Secretary’s Office shall pass on the aforementioned letter to the parties so that, within a period of 10 calendar days, they may submit any comments they deem appropriate.

The arbitration tribunal shall, forthwith and in writing, inform both the Secretary’s Office and the parties of any facts or circumstances of a similar nature that may arise during the arbitration.

The arbitrators, by accepting their appointment, are bound to perform their function diligently until the proceedings come to an end and in accordance with the provisions set forth in these regulations.

Once the payments set forth in the first paragraph of Article 9 have been made, if the parties have not agreed on the number of arbitrators, the Council of Twenty shall decide whether it is appropriate to appoint a single arbitrator or a three-member arbitration tribunal, depending on the circumstances.

As a general rule, the Council of Twenty shall decide that a single arbitrator should be appointed, unless the complexity of the case or the sum involved in the dispute justifies the appointment of three arbitrators.

If the parties have so agreed or, if they have not done so and the Council of Twenty decides that a single arbitrator should be appointed, the Council of Twenty shall proceed to designate him/her.

If the parties have agreed on the appointment of three arbitrators before the commencement of the arbitration proceedings, each of them, in their respective arbitration briefs and in response to the request for arbitration, shall designate an arbitrator. The third arbitrator, who shall act as President of the arbitration tribunal, shall be proposed by the other two arbitrators, who shall be given a period of 15 days to appoint the arbitrator by mutual agreement. Once this period has elapsed without a mutually agreed appointment having been communicated, the third arbitrator shall be appointed by the Council of Twenty within the following 15 days. Should either of the parties not designate the arbitrator corresponding to him/her in the aforementioned documents, the Council of Twenty is required to designate him/her in their stead, and also designate the third arbitrator without further delay.

If, in the absence of agreement between the parties, the Council of Twenty decides that a three-member tribunal should be appointed, the parties shall be given a period of 15 days for each of them to appoint the ‘arbitrator that corresponds to him/her. If, after this period has elapsed, a party has not communicated his/her designated arbitrator, the arbitrator corresponding to that party shall be appointed by the Council of Twenty. The third arbitrator must be appointed in accordance with the provisions of the previous section.

The arbitrators must accept their appointment within 10 days of receiving the communication from the Council of Twenty in which they are notified of the appointment.

In appointing or confirming an arbitrator, the Board of Twenty shall take into account the nature and circumstances of the dispute, the nationality, location and language spoken by the parties, as well as the availability and suitability of that person to conduct arbitration in accordance with the regulations.

The Council of Twenty shall confirm the arbitrators appointed by the parties, unless, at its sole discretion, doubts arise with regard to the suitability, availability, independence or impartiality of the arbitrators.

If an arbitrator designated by the parties or by the arbitration tribunal fails to obtain confirmation from the Council of Twenty, the party or arbitrators who designated him/her shall be given a further period of 10 days to designate another arbitrator. If the new arbitrator is not confirmed either, the Board of Twenty shall proceed to designate him/her.

In international arbitration, unless the parties state otherwise, and where the parties are of different nationalities, the sole arbitrator or the presiding arbitrator shall be of a different nationality from that of the parties, unless the circumstances advise otherwise and neither party opposes it, within the deadline set by the Council of Twenty.

Decisions on the appointment, confirmation, recusal, or substitution of an arbitrator are binding.

If there are several claimants or defendants and three arbitrators are appointed, the claimants shall jointly designate one arbitrator and the defendants shall jointly designate another arbitrator.

In the absence of such a joint proposal and in the absence of agreement on the method of constituting the arbitration tribunal, the Council of Twenty shall appoint the three arbitrators and shall appoint one of them to act as President. The Council of Twenty shall proceed to the appointment of the arbitration tribunal in accordance with the provisions of Article 13 above.

The recusal of an arbitrator, due to the lack of independence or impartiality, or on any other grounds, must be communicated to the Council of Twenty by means of a written document in which the facts on which the recusal is based must be specified and proven.

The recusal must be drawn up within 15 days from the receipt of the communication of the appointment or confirmation of the arbitrator or from the date, if later, in which the party became aware of the facts on which the recusal is based.

The Council of Twenty shall provide a copy of the recusal notice to the recused arbitrator and the remaining parties. If, within 10 days of notice, the other party or the arbitrator accepts the recusal, the recused arbitrator must cease his/her duties and proceed to appoint another in accordance with the provisions of Article 17 of these regulations regarding replacements.

If neither the arbitrator nor the other party accepts the recusal, they must state this in writing to the Council of Twenty within the same 10-day period, and the Council of Twenty must make a decision on the recusal raised.

Replacing an arbitrator is appropriate in the event of death or resignation, when the recusal is upheld or if so requested by all parties.

Furthermore, the arbitrator shall be replaced on the initiative of the Council of Twenty or the other arbitrators, following a prior hearing of all parties and the arbitrators within a common deadline of 10 days, when the arbitrator does not fulfil his/her functions in accordance with the regulations or within the established deadlines, or when there are circumstances that seriously hinder fulfilment.

Whatever the reason for appointing a new arbitrator, it shall be done in accordance with the rules governing the procedure for appointing the replacement arbitrator. Where appropriate, the Council of Twenty shall set a deadline for the party involved to designate a new arbitrator. If this party does not designate a replacement arbitrator within the period conferred, a new one shall be appointed by the Council of Twenty in accordance with the provisions of Article 13 above.

In the event of replacing an arbitrator, as a general rule, the arbitration proceedings shall be resumed from the point when the replaced arbitrator ceased to perform his/her duties, unless the arbitration tribunal or the Council of Twenty, in the case of a sole arbitrator, decide otherwise.

If the examination of evidence has already been concluded in the proceedings, instead of replacing an arbitrator, the Council of Twenty may agree, having consulted the other parties and arbitrators beforehand within a common deadline of 10 days, that the remaining arbitrators may continue the arbitration proceedings without appointing a replacement.

It is understood that the arbitration shall be held in the municipality of Barcelona, unless the parties have agreed otherwise.

As a general rule, hearings and meetings shall be held at the place designated for the arbitration proceedings to be carried out, although the arbitration tribunal may hold meetings, either for deliberation or for any other purpose, in any other place that it deems appropriate. It may also, with the consent of the parties, hold hearings outside the place designated for the arbitration proceedings.

The award shall be deemed to have been handed down at the place designated for the arbitration proceedings to be held.

The arbitration proceedings shall be carried out in Catalan or Spanish, unless the parties have agreed otherwise.

The arbitration tribunal may order any documents submitted during the proceedings in their original language to be accompanied by a translation into the arbitration language, unless the parties have agreed that the documents originally drafted in the language referred to shall not be translated into the arbitration language.

The parties may appear represented or advised by persons of their choosing. For such purposes, the party need simply state in the corresponding document the name of the representatives or advisers, their contact details and the capacity in which they act. The arbitration tribunal or the Council of Twenty may require reliable proof of the powers of representation conferred.

As soon as the arbitration tribunal is formally constituted, and provided that the required advance payments and final payments have been paid, the Consulate of the Sea Secretary’s Office shall present the case to the arbitration tribunal.

Subject to the provisions of these rules, the arbitration tribunal may administer the arbitration in the manner it deems appropriate, abiding at all times by the principle of equality of the parties and granting each party sufficient opportunity to assert his or her rights.

The arbitration tribunal shall decide in accordance with the legal regulations chosen by the parties or, if they have not done so, in accordance with such legal regulations as it deems appropriate.

The arbitration tribunal shall govern in equity, in other words, ex aequo et bono, or as an arbitrator ex aequo et bono, when it appears in the arbitration agreement and when the parties so request by mutual agreement.

In any case, the arbitration tribunal shall rule in accordance with the provisions of the contract and shall take into account the standard business practices relevant to the case.

If a party, despite being aware of the breach of any principle of this regulation, continues with the arbitration without promptly objecting to this breach, it shall be deemed to have waived the right of rebuttal.

As soon as the arbitration tribunal is constituted, the Consulate of the Sea Secretary’s Office or the person to whom it delegates, shall convene the parties and the arbitration tribunal to appear at an arbitration hearing which shall be attended by the secretary of the Consulate of the Sea or the person delegated by him/her and, to the extent possible, a member of the Council of Twenty.

The following issues must be addressed at these proceedings as a minimum:

The full name of the arbitrators and the parties, and the address they have designated for communications throughout the arbitration proceedings.

The communication media to be used.

Setting the costs of the proceedings.

The language and venue where the arbitration is to be held.

The legal rules applicable to the substance of the dispute or, where appropriate, whether it should be settled in equity.

The schedule of events.

Furthermore, the deadline for the issuance, the form and the date of notification of the award must be set.

Minutes of the aforementioned shall be issued by the arbitration tribunal, the parties appearing, the Secretary of the Consulate of the Sea or a person delegated by him/her and, where applicable, the member of the Council of Twenty present.

In the event that the proceedings have been held in the absence of one of the parties, a copy of the minutes must be sent to him/her so that he/she is aware of it, so that he/she can present the arguments and evidence deemed appropriate, subject to the established schedule.

This hearing to administer the arbitration proceedings may be replaced by a first procedural order if all parties thereto agree or when the circumstances of the case, at the discretion of the Council of Twenty, make it advisable.

If so, as soon as they receive the arbitration case from the Council of Twenty and, in any case, within 30 days of it having been received, the arbitration tribunal shall issue, after consulting the parties, a procedural order in which at least the same issues must be set that would have been set if the hearing to administer the arbitration proceedings had been held.

The arbitration tribunal shall hear the case as soon as possible by any appropriate means.

The arbitration tribunal has ample discretion to accept or reject the evidence presented by the parties, and also to examine whatever evidence it deems fit.

The arbitration tribunal may decide to hear witnesses, experts appointed by the parties or any other person, in the presence of the parties or in their absence, provided that they have been duly convened.

The arbitration tribunal, having previously consulted the parties, may appoint one or more experts – who must be and remain independent from the parties and impartial during the course of the arbitration proceedings, define its mission and receive its opinions, which it shall pass on to the parties in a timely manner. At the request of either party, the parties shall have the opportunity to question any expert appointed by the arbitration tribunal at a hearing.

The arbitration tribunal may call upon either party to present additional evidence at any time throughout the arbitration process.

The arbitration tribunal may resolve the dispute only on the basis of documents provided by the parties, if they so agree.

The arbitration tribunal may order such measures as it deems appropriate to protect trade or industrial secrets or any other confidential information.

The parties must be convened to all submissions of evidence or hearings sufficiently in advance.

The arbitration proceedings are confidential and are open only to the parties and their representatives.

Neither party may make new claims, whether principal or counterclaim, that are beyond the limits set forth in the hearing to organise the arbitral proceedings or the procedural order that replaces it, unless authorised by the arbitration tribunal, which has to take into account the nature of the new claims, the stage the arbitration process is at and any other circumstances that may be relevant.

The arbitration tribunal is empowered to decide on its own competence, including on exceptions relating to the existence or validity of the arbitration agreement or any other which prevents it from entering into the substance of the dispute.

To this end, an arbitration agreement that forms part of a contract must be considered an agreement independent of the other stipulations of the contract. The arbitration tribunal’s decision that the contract is void does not in itself entail the invalidity of the arbitration agreement.

As a general rule, objections to the competence of the arbitration tribunal shall be made in response to the request for arbitration or, at the latest, in response to the claim or, where appropriate, to the counterclaim and shall not suspend the course of proceedings.

As a general rule, objections to the jurisdiction of the arbitration tribunal shall be resolved as a preliminary matter and by award, with all parties being heard beforehand, although they may also be resolved in the final award, once the proceedings have concluded.

If the claimant fails to file the claim within the deadline without showing good cause, the actions must be deemed to be concluded.

If the defendant does not respond within the deadline, the proceedings shall be ordered to be pursued.

If one of the parties, having been duly convened, does not appear at a hearing without showing good cause, the arbitration tribunal shall be empowered to proceed with the arbitration.

If one of the parties, duly required to submit documents, does not do so within the deadline set without showing good cause, the arbitration tribunal may issue the award based on the evidence available to it.

Unless the parties should agree otherwise, the arbitration tribunal may, at the request of either party, take any interim and precautionary measures it deems necessary, considering the circumstances of the case and, in particular, the appearance of legal standing (Fumus boni iuris), the risk in the delay and the consequences that may derive from the adoption or rejection thereof. The measure must be proportionate to the aim pursued, and the least onerous possible to achieve it.

The arbitration tribunal may require a sufficient bond from the applicant, including by way of a counter-guarantee deemed by the arbitration tribunal to have sufficient substance. The arbitration tribunal shall rule on the measures sought having heard all interested parties beforehand.

The adoption of precautionary or provisional measures must be in the form of an award.

Unless otherwise stated by the parties, the arbitration tribunal shall rule on the requests made within 6 months of the filing of the response to the claim or the expiration of the deadline for filing the claim or, as the case may be, the response to the counterclaim or upon the expiration of the deadline to submit it.

The deadline for handing down the award may be extended by the Council of Twenty with the prior agreement of all parties. Furthermore, taking into account exceptional circumstances of the case, the Council of Twenty, at the reasoned request of the arbitration tribunal, may extend the period for handing down an award for an additional period not exceeding two months.

In the event of the replacement of an arbitrator within the last month of the period for handing down the award, this shall be automatically extended for an additional 30 days.

The arbitration tribunal shall rule on the dispute in a single award or in as many partial awards as it deems necessary. Any award is considered handed down at the place in which the arbitration proceedings have been held.

If the tribunal is a collegiate tribunal, the award shall be passed by a majority of the arbitrators. In the absence of a majority, the President shall make the decision.

The award must recorded in writing and signed by the arbitration tribunal, which may express its dissenting opinion. If the tribunal is a collegiate tribunal, the signatures of the majority of arbitrators or, if it is not a collegiate tribunal, that of the President shall be sufficient, provided that the reasons for the lack of such signatures are stated.

The award must be based on a rationale, unless the parties have agreed otherwise or it is an award by agreement of the parties.

The arbitration tribunal shall rule on the award of the costs of the arbitration.

The award must be issued in as many original copies as parties have participated in the arbitration proceedings and an additional original copy, which shall be deposited in the case file authorised for this purpose by the Consulate of the Sea.

The award may be recorded before a notary if any of the parties so requests, who shall bear all expenses deriving therefrom.

The arbitration tribunal shall notify the parties of the award, by delivering a signed copy to each of the parties, in the manner agreed in the hearing to administer the arbitration proceedings or the procedural order replacing it. The same rule applies to any correction, clarification or supplement to the award.

If, during the arbitration proceedings the parties reach an agreement which brings an end to the dispute in whole or in part, the arbitration tribunal shall terminate the proceedings with respect to the agreed grounds and, if all parties so request and the arbitration tribunal sees no reason to oppose it, it must state this agreement in the form of an award under the terms agreed upon by the parties.

The arbitration tribunal, prior to signing the award, shall submit it to the Council of Twenty, which may make strictly formal amendments.

In addition, the Council of Twenty may, within the framework of respect for the freedom of decision of the arbitration tribunal, draw its attention to matters relating to the substance of the dispute, as well as to the determination and breakdown of costs.

The prior examination of the award by the Council of Twenty in no way implies the assumption of any responsibility of the Council of Twenty for the content of the award.

Within 10 days of the communication of the award, unless the parties have agreed otherwise, either of them may request from the arbitration tribunal:

The correction of any calculation, copy, typographical or similar error.

The clarification of a specific point or part of the award.

The supplement of the award with respect to requests made and unresolved requests.

After hearing the other parties for a period of 10 days, the arbitration tribunal shall resolve the matter by award within 20 days.

Within the time limits set forth in the previous sections, the arbitration tribunal may proceed ex officio to correct calculation, copying, typographical errors or those of a similar nature.

The award is binding on the parties, and they undertake to comply without undue delay.

If at the place where the arbitration proceedings have taken place it is possible to call into question the substance or on any point of the dispute, it is understood that, by submitting to this arbitration regulation, the parties waive these appeals, provided that such waiver is legally applicable.

The arbitration proceedings may also be brought to an end:

By withdrawal of the claimant unless the defendant objects and the arbitration tribunal deems a legitimate interest in obtaining a final settlement of the dispute.

When the parties so arrange by mutual agreement.

When, in the opinion of the arbitration tribunal, the continuation of the proceedings is unnecessary or impossible.

once the award has been handed down.

Once one year has elapsed from the notification of the award to all parties, and having previously notified the parties or their representatives so that, within 15 days, they can request the itemised list and issuance, at their own expense, of the documents they have submitted, the obligation to keep the file and its documents ceases, except for a copy of the award and of the decisions and communications of the Council of Twenty relating to the proceedings, which must be kept in the digital file set up by the Consulate of the Sea for this purpose.

While the obligation of the Consulate of the Sea to keep and preserve the arbitration case file is in force, either party may request the itemised list and issuance of the original documents provided, at its own expense.

The costs of the arbitration are set out in the final award and include, in any case, the following:

– The Consulate of the Sea’s administration fees.

– Arbitrators’ fees and expenses.

If applicable:

– The costs of renting facilities and equipment for arbitration.

– The fees to be paid to experts required by the parties and/or appointed by the arbitration tribunal.

In order to determine the reasonable costs incurred by the parties in their defence, the arbitration tribunal may request from the parties, once the proceedings have been concluded, a list of the costs incurred by them, as well as the receipts for these expenses. The arbitration tribunal has the power to exclude such expenses it deems inappropriate and to reduce those which it deems excessive.

If, by virtue of the decision on costs, one party becomes indebted to the other, the credit right of the creditor party must be expressly stated in the award for the corresponding amount.

Unless the parties agree otherwise, the Consulate of the Sea and the arbitration tribunal are bound to keep the arbitration and award confidential.

The deliberations of the arbitration tribunal are confidential.

An award may be issued if the following conditions are met:

That the corresponding publication application is submitted to the Consulate of the Sea or that the Consulate of the Sea itself deems there to be a doctrinal interest.

That all references to the names of the parties and the data that can identify them be deleted.

That none of the parties to the arbitration object to this publication within the period set for this purpose by the Consulate of the Sea.

linked to the Consulate of the Sea, nor the members of the Council of Twenty, nor the arbitrators are responsible for any act or omission related to an arbitration administered by the Consulate of the Sea Mar, unless malice is proven on its part.

First additional provision

This regulation must enter into force on the day following its publication in the Official Gazette of the Government of Catalonia, and henceforth the previous arbitration regulations of the ordinance of the Consulate of the Sea are rendered null and void, without prejudice to the single transitory provision.

Single transitory provision

Proceedings initiated before the entry into force of this regulation shall continue to be governed by the previous regulation until they are fully concluded.