List of arbitration proceedings at the Libyan center for international commercial arbitration
First chapter Preliminary proceedings Article (1)
The following terms mean :
- Center: Libyan center for international commercial arbitration .
- List: list or arbitration procedures at the Libyan center .
- General Director: the General Director of the Libyan center for international Arbitration .
- Council of Advisors: the Advisory council for the Libyan center for international Arbitration .
- The body: Arbitration tribunal consisted in accordance with the rules of the Libyan center for international arbitration .
- The prosecutor : one prosecutor or more .
- The parties: conflict parties .
- Arbitration agreement: the agreement of parties to resort to arbitration in the breakout of the conflict weather its agreement on arbitration or arbitral condition .
- List: list of Arbitrators at the center .
In case they resort to arbitration its suggested that the following arbitration wording shall include that “ all disputes arising out of this contract or are related to this contract shall be referred to the Libyan center of international arbitration for final adjudication in accordance with its rules and procedures.
The agreement to arbitrate before the center in accordance with the procedures of this list prevents the submission or the appeal of the dispute to any other party by the virtue of the arbitration tribunal.
All the Arbitration agreements which submitted to center considered valid and enforceable, unless any party will prove its invalidity or invalidity to the center .
Unless otherwise agreed by parties, the arbitration shall be subject to the center’s rules and regulations, and the parties may on the selection of additional procedures, provided that they do not affect the work or the powers of the arbitration tribunal that regulates by the center’s rules.
The center shall guarantee all right of defense to conflict parties and shall ensure that parties are treated equally and impartially.
After consultation with parties , the arbitration tribunal shall determine the place of arbitration and its sessions, also they may conduct deliberation of the appropriate place, unless otherwise agreed by parties.
The arbitration shall be deemed to have been made the at place designated for arbitration and on the date indicated therein.
Unless otherwise agreed by the arbitration tribunal, they shall determine the language or the languages adopted during the course of arbitration, taking into account the circumstances of the arbitration, including the language of the contract .
The second chapter: The arbitration tribunal Article (9)
The request for arbitration shall include :
* Names, surnames, nationalities and addresses of the parties .
* Narrative of dispute facts .
* Identification of applications .
* Determine the arbitrators names, the law applicable in the case file, language and the place of arbitration, if any .
* Copy of arbitration agreement .
* Legal documents relating to the file, with a number of copies enough for each party to obtain a copy, in addition to a copy for each arbitrator and for the Director General as well .
* Payment of registration fees shown in Annex 2 .
The Director General shall ensure that the arbitration application is completed before the starting of procedures, in the absence or the decrease of certain documents the Director General shall inform the applicant of this and the final date for the completion of his document .
If the deadline came without completion of the documents, the Director General shall keep the application without prejudice to the right of the prosecutor to submit the same applications at later d The first section Referral to the Arbitration Tribunal .
Upon receipt of arbitration request and the payment of the fees, the Director General shall notify the complainant of a copy thereof, by letter that guaranteed to access no later than seven days from the date of receipt of such application .
Libyan Center for International Commercial Arbitration