Procedure regulations used by the Chamber of Commerce of Le Marche Region
Chapter I
Procedures and enforceable regulations
Article 1 - (General terms)
1. The Court of Arbitration offers its service, upon request, through the following
proceedings:
a) Ritual arbitration;
b) Informal arbitration;
c) arbitration;
d) contract examination procedure.
Article 2 - (Ritual arbitration and Informal arbitration)
1. If the parties have entered an arbitral agreement (arbitration clause or compromise)
referring to the Chamber of Arbitration, the disputes referred to in the contract are
settled by the provisions of this Regulation.
2. There is a ritual arbitration, according to what is foreseen by articles 806 and following
one of the Civil Code, both in case the parties have expressly foreseen it in the arbitral
agreement and in case the parties have generally referred to the Chamber of Arbitration
or to its regulations of procedure without any further instruction; in these cases the
procedure is concluded with the statement of an award suited to get executive
effectiveness pursuant to art. 825, clause 2 and clause 3, Civil Code.
3. One gives way to an informal and free arbitration, aimed at a decision having a
contractual value, only if the will of the parties is expressed this way.
4. In case of dispute about the validity or the existence of the arbitration agreement, either
arising from the phase before the appointment of the arbiter or after it, the Court of
Arbitration will decide.
5. There is a ritual arbitration also when, even failing the arbitration clause or compromise,
the parties mutually request it in written form to the Chamber of Arbitration.
6. Even though in the arbitration agreement the reference to the Chamber of Arbitration is
either missing or incomplete, the request of arbitration can be forwarded anyway
provided that the parties enter an additional arbitration agreement within the term fixed
by the Secretary.
7. For the disputes concerning the company relationships as stated in Law Decree 17th
January 2003 n. 5, even though the arbitration clause authorises a decision according to
equity, that is to say through a non-appealable award, the Court of Arbitration will
decide pursuant to the law, through an appealable award, when in order to decide it has
known on cross-appeal about matters that cannot be settled amicably as well as when the
object of the decision is the validity of meeting resolutions.
Article 3 - (Right or equity in the arbitrations)
1. Provided what is foreseen by art. 2, clause 7, of this Regulation if the agreement
foreseeing the ritual arbitration does not specify if the judging body must decide either
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according to the law or according to equity, the arbiter will judge according to the law
where the parties through a mutual express statement do not authorise it to judge
according to equity as foreseen by art. 822 Civil Code .
2. In the informal arbitrations the arbiters are exempted from procedures formalities that are
not foreseen by this regulation and complying with the principle of hearing both sides,
decide pursuant to the law where the parties do not have mutually requested a decision
according to equity.
Article 4 - (Arbitration proceedings)
1. The arbitrators are exempted from the formalities of procedure that are not foreseen by
this Regulation. Unless there is a different agreement between the parties, they decide
according to equity and bearing in mind the objective criteria set forth by the customs
and the practice of the individual sectors of commerce.
2. The rules foreseen by this Regulation for the arbitration are applied on the arbitration if
they are compatible.
Article 5 - (Contract examination procedure)
1. The Court of Arbitration ensures upon request its intervention to appoint experts and
assessors that have to make the observations and the investigations for mutual mandate
of the parties.
2. the experts and assessors will be chosen by the parties or, for their proxy, by the
Chamber of Arbitration; they can ask the parties an initial payment for fees and charges.
3. The expert report is filed in original copy at the Secretary Office of the Chamber of
Arbitration, that issues a true copy for the parties.
4. The rules foreseen by this Regulation for the arbitration are applied to the valuation if
they are compatible.
Article 6 - (Disposition for the international proceedings)
1. The Court of Arbitration also manages the international arbitral proceedings, pursuant to
the rules in this Regulation, if on the date of the signature of the arbitration clause or of
the compromise at least one of the parties resides or has its effective headquarter abroad
or if a relevant part of the service arising from the relationship the dispute is referred to
must be carried out abroad.
2. The arbitration proceedings and the valuation ones where, on the date of the signature of
the request for the arbitration or valuation, at least one of the parties resides or has its
effective headquarter abroad, must be considered as international arbitration
proceedings.
3. If the parties have not chosen the law in the arbitration agreement or, at the latest, until
its establishment, the Court of Arbitration will decide upon the law through which the
relationship is more closely linked.
4. If the parties have not chosen the language in the arbitration agreement or, at the latest,
until its establishment, the Court of Arbitration, considering the circumstances, will
determine the language of the arbitration, without any prejudice of the deeds already
filed in a different language as far as they are sworn translations.
5. The rules of the Civil Code and, if compatible, those of this Regulation are applied to the
arbitration proceedings and the valuation ones.
6. If the parties are resident or have their effective headquarters in different countries, the
President of the Court of Arbitration or the Sole Arbiter are appointed by the Chamber
of Arbitration, even among subjects belonging to a third country, depending on the
circumstances and unless there is a different agreement between the parties.
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7. The rules set forth in the International Agreements are safeguarded anyhow.
8. All the terms are doubled except the one set forth by the pronouncement of the award .
Article 7 - (Place for the arbitration)
1. The place for the arbitration is established at the offices of the Chamber of Commerce.
2. The Court of Arbitration can decide if carrying out the hearings and the single parts of
the proceedings somewhere else.
Article 8 - (Terms)
1. The terms foreseen by the Regulation or established by the Chamber of Arbitration, the
Secretary Office or the Court of Arbitration are not under penalty of expiration, if the
forfeiture/expiration is not expressly foreseen by the Regulation or set forth by the
provisions fixing them.
2. In calculating the terms, the starting date is not counted/considered. If the term expires
on a Saturday or on a public holiday it is extended on the day following the bank
holiday.
3. The running of the terms is anyhow legally suspended from the 1st to the 31st August,
included.
4. The Court of Arbitration can extend, before their expiration, the terms they have fixed.
The terms fixed under penalty of expiration, can be extended of 180 days only due to
serious reasons that is to say with all the parties consent, and due to a particular reason.
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Article 9 - (List of the arbiters, the arbitrators and assessors/experts)
For the appointment of the arbiters, arbitrators and experts, the Court of Arbitration
draws from a list of people with a particular expertise, suitably arranged and kept by the
Court of Arbitration itself.
The registration in the list is arranged by the Arbitral Board of the Chamber of
Arbitration, upon request of the involved person and a certificate of suitability for
carrying out these functions. The permanence in the list is subjected to the permanence
of the requirements. The cancellation must be preceded by the examination of the
involved person.
The documents stating what follows must be enclosed to the application for the
registration:
a) the educational qualifications;
b) the specific expertise in arbitral matters;
c) the experience gained in his/her self-employed career;
d) the services carried out at either public bodies or private companies;
e) the publications on technical or legal matters;
f) the participation to training courses;
g) any other element demonstrating the suitability in carrying out the arbitral, expert or
arbitration functions.
In the request/application the applicant must expressly declare of committing
himself/herself to comply with the Regulations and the fees of the Chamber of
Arbitration .
With reference to particular needs, the Chamber of Arbitration could exceptionally
entrust the appointments stated in clause 1 to people having a specific competence and
expertise that are not included in the above mentioned list.
Chapter II
Management of the deeds of the proceedings; fees and charges
Article 10 - (Custody of the legal process)
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1. Once finished the procedure, the Court of Arbitration forwards the file to the Secretary
Office of the Chamber of Arbitration.
2. Each party can request the return of the documents it filed within 3 months after the
conclusion of the proceedings.
3. The case record is kept in custody at the Secretary Office for 3 years.
Article 11 - (Confidentiality)
1. The Chamber of Arbitration, the Court of Arbitration, the technical advisors, the parties
and their defending counsels must keep the confidentiality on the news and information
concerning the proceedings.
2. The award cannot be published if the parties show a contrary will. In any case, the
publication of the award must be done through ways avoiding the identification of the
parties, unless they give their consent.
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Article 12 - (Value of the dispute )
The value of the dispute, for the definition of the costs of the procedure, is the sum of
the requests shown by all the parties, the subordinated ones excluded.
The Court of Arbitration determines the value of the dispute and sets forth the amount of
the deposit of its fee according to the Chamber fee, ordering the parties to pay and fixing
the term. In case the value of each request is undetermined the Court of Arbitration will
consider it as included in the fourth range of the table.
In each phase of the procedure the Court of Arbitration upon request of one of the
parties, can share out the value of the dispute according to the requests of each party and
can ask each party the amounts related to those requests.
The Court commits itself to communicate the value of the disputes determined as said
before to the Secretary Office, it invites the parties to pay the whole sum of the
administrative rights putting them at charge of each of them in equal amounts.
Article 13 - (Costs of the procedure )
1. The costs of the procedure, stated in the fees enclosed to this regulation, include:
a) the registration fees/charges;
b) the administrative fees due to the Chamber of Arbitration ;
c) the arbiter’s fees;
d) the fees of the court appointed expert.
2. The payment of the amounts stated in the previous clauses is to be considered as a
prosecutability condition of the arbitration proceedings.
3. The parties must pay the costs of the procedure jointly and severally. If the arbitration
proceedings is ended before the issuing of the award, the Court of Arbitration decides the
costs of the procedure with reference to the activity carried out.
Article 14 - (Fees and charges of the Court of Arbitration)
1. The Court of Arbitration pays its own remuneration according to the fees enclosed to
this Regulation. In the determination of the fee between a minimum and a maximum the
Court of Arbitration considers the value of the dispute, the duration of the trial and
complexity of the matters faced. The fee is calculated without adding the amounts
concerning the lower ranges.
2. In case of Arbitration Board the President will be paid 40% of the remuneration and the
other members 30% each.
3. Art. 814 Civil Code is enforced for the ritual arbitration.
Chapter III
Introductory deeds of the Arbitration Judgment
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Article 15 - (Request of Arbitration)
1. The party that wants to go for an arbitration proceedings, either ritual or informal, must
service to the counterpart, in the forms of the civil Court records, a request stating:
a) the name and the domicile of the parties;
b) the description of the dispute and the requests stating the related amount;
c) the appointment of the arbiter that is to say the useful information about the number
of arbiters and their choice;
d) the possible information about the means of test required to support the request and
of each document the party considers as useful to be enclosed;
e) the possible information about the enforceable rules for the procedure, about the rules
that can be enforced in relation to the dispute, that is to say on the delivery according to
equity and the arbitration language;
f) the proxy granted to the defense attorney, if this latter is appointed;
g) the arbitral agreement, that is to say the invitation to the counterpart to declare its
acceptance of the arbitration;
h) the signature.
2. The request must be filed at the Secretary Office of the Chamber of Arbitration within
ten days from its service, including the service writ. The following must be enclosed:
a) copy of the serviced request;
b) copy of the compromise or the deed containing the arbitration clause;
c) the documents that the party considers as useful for the decision of the dispute.
3. If the dispute has to be decided by an Arbitration Board the deeds and the documents
stated in the previous clause must be filed in four copies.
4. When filing the request, the claimant pays the registration fee.
5. In the hypothesis foreseen by art. 35, first clause, of Law Decree n. 5 dated in 2003, the
Secretary is in charge for the forwarding of the request for arbitration to the competent
Business Register.
Article 16 - (Statement of defence and cross-complaint)
1. The defendant must service a reply memorandum to the counterpart in the forms of the
civil Court records, undersigned by the party or the defense attorney with a proxy within
twenty days from the service of the request. The memorandum must state:
a)the name and the domicile of the defendant;
b)the presentation, even in a short and summarised way, of the defences;
c)the appointment of the arbiter that is to say the useful information about the number of
arbiters and their choice;
d)the possible information about the means of test required to support the reply and each
document the party considers as useful to enclose;
e)the possible information about the rules that can be enforced for the proceedings,
about the enforceable rules on the core matter of the dispute that is to say on the delivery
according to equity and on the language of the arbitration;
f) the proxy granted to the defense attorney if this latter is appointed;
g)the possible declaration of acceptance of the arbitration;
h)the signature.
2. Within ten days from the service of the memorandum, including the service writ , it
must be filed in original at the Secretary Office of the Chamber of Arbitration. The
following must be enclosed:
a) copy of the serviced memorandum;
b) copy of the compromise or the deed containing the arbitration clause;
c) the documents the party considers as useful for the decision of the dispute.
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3. The defendant, when filing the answer, pays for the registration fee as stated in the
enclosed fee list.
4. If the defendant does not show the answer even though the defendant has received the
service of the request, the proceedings is carried on even if it fails.
5. In case the answer contains a cross complaint, the claimant can file at the Secretary
Office a reply in original and a copy , within fifteen days from the expiration of the term
for the filing as stated by clause 2. The Secretary forwards the memorandum of a further
reply of the claimant to the defendant within five days from the filing date.
6. The provision of clause 3 article 15 is enforced.
Article 17 - (Obligation of compliance with the stamp duty discipline)
1. The original of the request of arbitration, of the answer, of the reply and of any other
defense deed authorised by this regulation or by the Arbiter, as well as the original of the
award required by the procedure must comply with the provisions on the stamp law
(Presidential Decree 26th October 1972 n. 642 and following changes).
Chapter IV
Establishment, requirements and powers of the Court of Arbitration
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Article 18 - (Number and appointment of the arbiters)
According to what is set forth by the parties in the arbitration agreement, the disputes
are settled by a sole arbiter or by an Arbitration Board comprising three members;
wherever the parties have not otherwise decided, the arbitration is entrusted to a sole
arbiter.
If the parties agree that the dispute is settled by a Court of Arbitration comprising a sole
arbiter, the arbiter is chosen by mutual agreement between the parties. In case the parties
do not reach an agreement, the sole arbiter is appointed by the Arbitration Council of the
Court of Arbitration within 15 days from the filing of the answer of the defendant .
In case the parties agree that the dispute is settled by a Court of Arbitration comprising a
Board, each party appoints an arbiter either in the request or in the answer; if one of the
parties does not do it, the appointment is up to The Arbitration Council of Court of
Arbitration upon request of the most diligent party, within 15 days from the filing of the
defendant’s answer.
The Arbitration Council of the Court of Arbitration appoints the arbiter acting as the
President of the Court of Arbitration as an arbitration panel.
Article 19 - (Plurality of parties)
1. In case of arbitration with more than two parties having conflicting interests, failing
some specific provisions of the arbitration clause or of the compromise, the Arbitration
Council of the Court of Arbitration appoints directly a sole Arbiter.
2. If the parties have chosen an Arbitration Board without any information about the
number, the arbiters will be three, appointed in agreement among the parties or failing
this the three of them all appointed by the Arbitration Council of the Chamber of
Arbitration .
Article 20 - (Appointment of the Arbiter in company disputes)
1. If the arbitration originates from an arbitration clause inserted in a certificate of
incorporation or in a company’s statute, even as a waiver of what is foreseen in the
clause, the Arbitration Council of the Court of Arbitration appoints all the members of
the Court of Arbitration, appointing a sole arbiter if it thinks that it is suitable and the
clause does not require the appointment of the Board.
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Article 21 - (Acceptance of the appointment)
1. Once received the appointment of the arbiter, the Secretary Office of the Court of
Arbitration informs the parties about it and the arbiter himself/herself that within 10
days from the receipt of the notice of appointment, he/she will have to inform the
Secretary office either by means of a registered letter or by fax, about his/her accepting.
Failing this, the appointment is considered as not accepted.
2. The deed will have as well to go with the declaration of expressed acceptance of this
Regulation in any of its parts enclosed, and in particular of the regulations concerning
the challenging, the forfeiture, the replacement of the arbiters as well as the ways of
their payment and the discipline of the liability.
3. The appointments, the acceptations and the declarations of independence, neutrality and
impartiality of the arbiter as stated by art. 21, are immediately notified from the
Secretary of the Court of Arbitration to the parties and the other arbiters.
4. The arbiter that has not accepted the appointment must be replaced in compliance with
the procedures foreseen by this Regulation.
Article 22 - ( Declaration of independence and impartiality of the Arbiter)
1. The arbiter must be impartial, neutral and independent towards the parties.
2. The arbiter, at the same time of the acceptance of the appointment, must make a
declaration of independence, of neutrality and impartiality based on the unproven facts
and circumstances that could, even in the abstract, be a reason of incompatibility for the
appointment and of unreliability.
3. Along the proceedings the arbiter must communicate every circumstance that, changing
its condition, could be a reason of incompatibility with the carrying on of the
appointment, as a result of the declaration as stated in the previous clause.
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Article 23 - (Waiving of the Arbiters)
The party can challenge the arbiters, pursuant to the provisions of art. 815 Civil Code,
and also for any case suitable to doubt on their independence or impartiality and
neutrality.
The request of challenging, must be motivated and it is proposed through the recourse to
the Arbitration Council of the Court of Arbitration within 10 days from the notice of
the acceptation of the appointment or the supervening knowledge of the cause of
challenging .
Upon request of challenging the Arbitration Council of the Chamber of Arbitration
decides, permanently and by means of a motivated provision, bearing in mind also the
requirements of independence, neutrality and impartiality that must mark the function of
the arbiter.
The arbiter has the obligation of abstaining in the cases foreseen by art. 51 Civil Code .
Article 24 - (Replacement of the Arbiters)
1. The arbiter can renounce to the appointment only for proved and serious reasons.
2. The renunciation must be notified to the Secretary Office either by means of registered
letter with advise of receipt or by fax. The Secretary Office, by the same means, informs
the parties, the other arbiters and whoever has appointed the renouncing person.
3. In case of death, incapacity or renunciation of the arbiter, he/she will be replaced
through the same ways foreseen for the appointment.
4. In cases of inactivity, delay or negligence of the arbiter, the Arbitration Council of the
Court of Arbitration makes a written warning; if after 15 days from the notice, the
arbiter does not comply with his/her duties, the Arbitration Council of the Chamber of
Arbitration, after having called and listened to him/her, if he/she appears, decides on the
replacement through the same ways foreseen for the appointment.
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5. The remuneration possibly due to the replacing arbiter is set forth by the Arbitration
Council of the Chamber of Arbitration, considering the activity carried out up to that
moment.
6. The arbiter appointed as a replacement can decide, if he/she is a sole arbiter, or request
the Board the possible renewal of the previous deeds of the procedure.
Article 25 - (Establishment of the Court of Arbitration)
1. Within 5 days from the last acceptance of appointment, the Secretary Office forwards to
the arbiters the writs, with the enclosed documents, after the payments are made as
stated by art. 14 of this Regulation.
2. The arbiters empanel the Court of Arbitration within 20 days from the date when they
have received the deeds and the documents sent by the Secretary Office .
3. The establishment of the Court of Arbitration happens through the drawing up of
minutes dated and undersigned by the arbiters. Provided what is foreseen by art. 7 of this
Regulation, the minutes states the language of the arbitration and sets forth the ways and
the terms concerning the continuation of the proceedings.
4. If the replacement of the arbiters takes place after the establishment of the Court of
Arbitration, the Secretary Office forwards a copy of the deeds and the documents of the
proceedings to the new arbiters. The establishment of the new Court of Arbitration takes
place pursuant to what is set forth by this Article.
Article 26 - (Incompetence of the Court of Arbitration)
1. The plea of incompetence of the Court of Arbitration must be proposed, under penalty of
expiration, in the first act or in the first hearing after the request the plea is referred to.
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Article 27 - ( Powers of the Court of Arbitration)
At any moment along the procedure the Court of Arbitration can try to settle the dispute
and can advice the parties to carry out an attempt of conciliation.
The Court of Arbitration can deliver all the precautionary measures, either urgent or
temporary ones, even with an anticipatory content that are allowed by rules enforceable
to the proceedings, it has the faculty of appointing technical advisors and undertake
means of test, not asked for by a party and, in the informal arbitration, even by the
office.
In case of admissions of witness evidences it is a charge of the involved parties to ensure
the presence of the witnesses on the day and at the place fixed for their hearing. The
absence of the witness involves the impossibility of listening to him/her afterwards
unless if, upon request of the involved party, the Court of Arbitration allows it. The
request must be proposed at the latest on the day fixed for the hearing.
The Court of Arbitration must decide only according to the documents if the parties
expressly and mutually request it, even along the development of the proceedings.
Once the preliminary phase is closed, the Court of Arbitration can ask the parties to
introduce further written memorandums or to fix a hearing for the oral discussion.
The Court of Arbitration having more pending proceedings can decide on their being put
together, if it considers they are objectively linked.
If more disputes are pending in the same procedure, the Court of Arbitration can decide
on their separation, if it is appropriate unless the proposed requests must be unitarily
decided upon.
The Court of Arbitration can take all the measures it thinks as appropriate to regularise
either the parties’ representation or their assistance.
Article 28 - (Orders)
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1. Except what is foreseen for the award, the Court of Arbitration decides through an
order. The orders are pronounced by majority in written form and are revocable.
Article 29 - (Hearings and minutes)
1. The dates of the hearing are fixed by the arbiter and communicated by the secretary
Office to the parties with an adequate notice.
2. The parties, if summoned, can appear personally or through representatives having an
adequate proxy.
3. The Secretary of the Court of Arbitration or any other Chamber official with his/her
proxy takes part to each hearing as the person that writes the minutes. He/she writes the
minutes that is filed at the Secretary Office signed by all the people present.
4. The Secretary Office supplies a copy of the minutes to the parties upon their request and
gives a notice about each deed of the proceedings.
Chapter V
Third-parties intervention, new requests, transactions
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Article 30 - (Third-parties proceedings)
If the summoning of a third party is possible pursuant to the rules enforced to the
proceedings, the defendant must file the request in the forms of the civil Court records.
As an alternative, the defendant can forward directly the answer to the third party,
provided anyhow the filing of the memorandum itself at the Secretary Office .
The third party summoned is applied the same terms and conditions foreseen for the
defendant, for the memorandum of appearance and for the possible replies.
In the hypothesis foreseen by art. 35, first clause of law decree n. 5 dated in 2003, the
Secretary Office is in charge of forwarding the request for arbitration to the competent
Business Register.
Article 31 - (Voluntary intervention and third-party proceedings)
The third party that intervening voluntarily in the trial, proposes a request, must file a
deed containing what is stated by art. 15 of this Regulation at the Secretary Office.
The Secretary Office forwards the notice of joinder to the parties and to the Court of
Arbitration. If the request proposed by the notice of joinder is not included within the
effectiveness of the arbitration agreement, the Secretary Office gives the parties and the
arbiters a term that is not shorter than 20 days and not longer than 30 days to express
their approval. Where within the fixed term fixed, the approval of the parties and the
arbiters does not get to the Secretary Office, this latter informs the third party that
his/her intervention is inadmissible.
The third party that is summoned must file at the Secretary Office a document having
what is stated by art.16 of this Regulation as its content. The Secretary Office forwards
this document by the third party to the parties and the arbiters.
The order through which the Court of Arbitration arranges the summon of the third party
is sent by the Secretary Office to the third party within 5 working days from the date of
its registration, in case the rules that can be enforced to the regulation allow it.
Article 32 - (Transaction along the procedure)
1. When the parties get to a transaction before the arbitration body is established, they give
notice to the Secretary Office for the filing of the proceedings.
2. If the transaction takes place after the establishment of the Court of Arbitration, this
latter writes the minutes, which is signed also by the parties, through which it is
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exonerated by the obligation of delivering the award; at the same time it liquidates its
remuneration , arranging, if needed, the return of the surplus of what has been paid.
3. If the transaction is only partial, the procedure goes on for the definition of the parts of
the dispute that have not been sorted out.
Chapter VI
Decision of the dispute
Article 33 - (Resolution of the Award)
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The award is decided by the Court of Arbitration through the majority of the polls. The
personal conference of the arbiters is necessary only if the enforceable rules to the
proceedings require it.
Article 34 - (Form and content of the Award)
1. The award must deliver an opinion in a motivated way about all the requests that are the
core matter of the dispute .
2. The award is drawn up in written form and it must state:
a) the information about the parties and their defending counsels;
b) the information about the arbitration agreement ;
c) the information about either the “ritual” or “informal” nature of the award, if the
procedure is ruled by the Italian Law;
d) the information about the place of the arbitration;
e) the information about the requests proposed by the parties;
f) the presentation of the reasons for the decision;
g) the Court decision;
h) the decision on the expenses of the proceedings and on the expenses of the defense
incurred by the parties;
i) the date, the place and the methods of the decision.
3. The liquidation of the expenses and fees is made according to what is foreseen by art. 14
of this Regulation.
4. The award undersigned by the majority of the arbiters is valid, provided that it was
decided upon in personal conference of everyone, with expressed declaration that the
others did not want to or could not undersign it.
5. Each arbiter can undersign the award at different times but he/she must always state
the place, the day, the month and the year when the signature was made.
6. The award can be amended by the same Court of Arbitration in the methods and in the
times and through the formalities stated by art. 826 Civil Code.
7. The award is drawn up in written form in as many original copies as the parties are, and
one more for the Secretary Office of the Chamber of Arbitration .
8. The signature of the members of the Court of Arbitration can result from more copies of
the award, provided tat they are declared as true copies by the Secretary Office.
9. The Secretary Office of the Court of Arbitration forwards to each party the copies
undersigned in original form, within 10 days from the receipt of the award.
Article 35 - (Deadline for the entry of the award decision)
1. The Court of Arbitration must file at the Secretary Office of the Court of Arbitration the
award within one hundred and eighty days from the establishment.
2. For exceptional and justified reasons the Chamber of Arbitration could extend the above
stated term up to a maximum of one hundred and eighty days, upon written request by
the Court of Arbitration filed before the expiry of the term and motivated.
Article 36 - (Partial award decision)
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1. Where the Court of Arbitration thinks it is appropriate to decide only for some of the
requests that are the core matter of the dispute, due to reasons that must be stated in the
award, it can issue a partial award.
2. In case of a partial award, the Court of Arbitration uses, through a following order, the
provisions that are necessary for the continuation of the procedure.
3. Once delivered a partial award the Court of Arbitration has a term at its disposal that is
the same as the one allowed for the delivery of the final award, starting from the
moment of the filing at the Secretary Office of the partial award.
Article 37 - (Transitional provision)
1. At the moment of the creation of the sole Court of Arbitration of Le Marche region, there
will be the necessary adjustments also with reference to what is foreseen by the
territorial units, as stated in the “Preamble” to this Regulation.
DATE OF ENTRY INTO FORCE
Article 38 - (Date of the entry into force of this Regulation)
1. This Regulation enters into force on the 1st June 2010 and it is applied to the procedures
introduced through a request serviced starting from that date.
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