AT LIBYAN CENTER FOR INTERNATIONAL COMMERCIAL ARBITRATION
The following terms mean:
Center: Libyan center for international commercial arbitration .
Mediation Rules: mediation rules at Libyan center for international commercial arbitration.
Mediator: can be one mediator or more.
Parties: dispute parties before mediation.
The General Director: the General Director of the Libyan center for international commercial arbitration.
The Libyan Center for International Commercial Arbitration performs all mediation activities through the application of its own mediation rules, unless the parties agree on a different procedure.
The parties may amend any of the mediation rules, if they agree to do so, and the mediator consent is necessary for the amendment, if the amendment is after his appointment.
The Center has the freedom to admit that the mediation procedures are not conducted in the form of its disagreement with parties’ amendment.
The mediation rules shall appoint a neutral third person called "mediator" to provide assistance for settling the dispute.
Agreement to resort to mediation
If the parties agree to resort to mediation, one of the parties shall submit a written request to the General Director of the Center, and he must include the following :
- Names, Surnames , addresses, phone numbers and e-mail addresses of parties or their representatives .
- Summarize the facts and value of the conflict.
- Any agreement on the language, duration and place of the mediation and the proposed names of mediators or any proposal concerning the mediator characteristics.
If the parties did not agree in advance to resort to mediation, the party who is willing to mediate according to the rules of the Center may send a request to the Center containing all the necessary information included in the previous paragraph, and the General Director is supposed to informs all parties of this proposal and assist the parties to study it.
In case the parties agree to resort to mediation the model condition to resort to mediation shall be inserted as follows: "All disputes arising out of this contract shall be referred to the rules of mediation at the Libyan Center for International Commercial Arbitration
in the form of mediation process’s failure The parties may specify the crux of the model condition to resort to arbitration, by including the following in the agreement contract: "Any dispute arising out of this contract shall be referred to settlement through mediation proceedings within the Libyan Center for International Commercial Arbitration, The file shall be referred no later than 30 days from the date of mediation proceeding suspension notification to arbitration for final consideration and settlement by one arbitrator or more in accordance with the rules and regulations of the Libyan Center for International Commercial Arbitration.
The party who submitted the mediation request shall send a copy of the application and a copy of mediation fees receipt to the other parties, and shall exclude the application from all parties.
The mediation proceedings shall commence on the day of the submission of mediation request.
In the absence of prior agreement to resort to mediation, and one of the parties proposed mediation, the General Director shall assist the parties to reach a mediation agreement. The procedures shall commence from the date on which the General Director sends a confirmation letter to the parties informing them that the agreement has been reached
If the parties have not agreed to resort to mediation, despite the efforts of the General Director, then the proceedings shall be stopped within 30 days of mediation request receipt.
If the parties agree to resort to mediation in accordance with the center’s rules, and did not specify the language and location of the mediation, the General Director may determine them according of what serves their interests, and based on data relating to the parties.
The General Director shall present to both parties together, a list of the center's mediators to choose a mediator among them. They may also choose an intermediary from outside the center. However, the General Director shall have the right to prove the chosen mediator from the parties if he is from outside the center. The center also have the right to refuse mediation proceedings, to the extent that he has been found to have suspicions with the intermediary, or to indicate that he has any relationship with or interest in a party.
If the parties do not reach together, to select an intermediary, the General Director may appoint an intermediary, after consultation with the selection committee of arbitrators, mediators and experts, to ascertain the extent of his ability to perform the mediation.
The mediator who is likely to be appointed in the mediation file must give his or her written consent to perform the mediation work. He shall also inform the Center and the parties of any facts or information that may affect his neutrality and independence in the file presented to him or his refusal, no later than 15 day from the date he was informed of choosing him as dispute mediator.
The mediator may not act as the arbitrator or judge in an existing dispute, the subject of conciliation or other dispute that arose out of the same contract or the same legal relationship, or any contract or legal relationship with which it relates, unless the parties agree otherwise.
If one of the parties objects to the proposed mediator by the General Director, he shall notify him and the other parties in written form, and not later than 15 days from the date of notifying him of the proposed mediator’s name. The General Director shall appoint another Mediator upon Article 11 of this Regulation, and notify the parties.
Parties may nominate more than one mediator, or request the appointment of more than one mediator from the General Director, and the latter may propose to Parties to appoint more than one mediator
Libyan Center for International Commercial Arbitration