PUBLICATIONS
The Cyprus Center’s for ADR Rules apply when the parties have agreed that disputes between them regarding a matter, whether arising from a contract or not, will be referred to Arbitration based on the Rules of the Center.
The Center’s Arbitration Rules apply where the parties have agreed that disputes between them regarding a matter, whether arising out of contract or not, will be referred to Arbitration under the Rules (“Rules”) of the Cyprus Center for Alternative Dispute Resolution (“Centre”).
The Rules determine the procedure of the Arbitration except in case any Rule conflicts with a provision of Law applicable to Arbitration which is of a mandatory nature. Under the Rules, Arbitration begins with a notice of arbitration. That is, the party or parties resorting to arbitration (the “Applicant“) send to the other party or parties (the “Defendant“) a Notice of Arbitration which includes:
- A demand that the dispute be referred to arbitration;
- The names and contact details of the parties;
- Identification of the arbitration agreement that is invoked;
- Identification of any contract or other legal instrument out of or in relation to which the dispute arises or, in the absence of such contract or instrument, a brief description of the relevant relationship;
- A brief description of the claim and an indication of the amount involved, if any;
- The relief or remedy sought;
- A proposal as to the number of arbitrators, language and place of arbitration, if the parties have not previously agreed thereon.
A copy of the notice of arbitration must be promptly forwarded to the Center by the Applicant. The composition of the arbitral tribunal shall not be prejudiced by any dispute as to the effectiveness of the notice of arbitration, which shall be ultimately decided by the arbitral tribunal. The Center shall notify the parties to the dispute once it has received all documents containing the relevant information related to the complaint.
Within twenty days of receiving the notice of arbitration, the Defendant must serve on the Applicant a response to the notice of Arbitration which includes various information. A copy of the response to the notice of Arbitration must be forwarded to the Center by the Defendant promptly. Each party shall be represented or assisted by persons selected by it. The names and addresses of such persons shall be notified to all parties and to the arbitral tribunal. Such notice must specify whether the appointment is for representation or assistance purposes. Where a person acts as a representative of a Party, the Arbitral Tribunal either on its own initiative or at the request of any Party, may at any stage require proof of the authority given to the representative in such form as the arbitral tribunal shall determine.
The parties agree that the Center will appoint the Arbitrator or Arbitrators who will deal the dispute. The Center shall appoint such Arbitrator or Arbitrators within fifteen days of receipt of the reply to the notice. If all the parties have not agreed to the selection of the Center within fifteen days after the appointment has been received by all the parties in accordance, any party may request the Center to appoint another Arbitrator or Arbitrators.
Part II of the Rules refers to the composition of the arbitral tribunal (the number of arbitrators, their replacement and the extent of their liability.
Part III of the Rules deals with the arbitration process – i.e. it contains the Rules on the venue of the arbitration, the language, the content of the statement of claim and defense, how to amend pleadings, written statements, time periods, testimony, hearings, experts and the closing of the hearings.
Part IV deals with the decision of the arbitral tribunal, how to correct it and the fees and costs of the proceedings which are detailed in Annex A.
A) FOR ARBITRATION IN CIVIL AND COMMERCIAL DISPUTES
- Application Fees (either by one party or jointly)
€400 non-refundable fee, for registering the Difference in the Center.
- Minimum Remuneration for Each Arbitrator
Amount of goods or services purchased in euros (€) | Arbitration Fees Payable (€) |
500 – 10.000 | 150 |
10.001 and above | 250 |
- The remuneration of the arbitrators is agreed with the arbitrators. The above fees are the minimum indicative fees charged by the Center Referees.
- All above fees are exclusive of VAT and are payable hourly.
- Payment of fees for four hours of Arbitration is made at the commencement of the Arbitration (Article 3(2) of the Regulations).
B) FOR ARBITRATION OF CONSUMER DISPUTES
- Application Registration Fees by the Consumer
€20 non-refundable fee, for registering the Difference in the Center.
- Arbitration Fees
Amount of goods or services purchased in euros (€) | Consumer fees in Euros (€) | Business Fees in Euros (€) |
500 – 10.000 | 25 | 100 |
10.001 and above | 30 | 120 |
- All above fees are exclusive of VAT and are payable hourly.
- Fees for two hours of Arbitration are paid upon commencement of the Arbitration (Article 3(2) of the Regulations).
- The maximum amount paid by the Consumer is €1000.