Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia for the provision of services in the role of appointing authority

CONTENT

Introductory Provision
Article 1 – The LAC
Appointing Authority
Article 2 – The LAC as appointing authority
Request
Article 3 - Request
Costs
Article 4 – Costs
Splošne določbe
Article 5 – Confidentiality
Article 6 – Exclusion of liability
Article 7 – Entry into force

INTRODUCTORY PROVISION

Article 1 – The LAC

1. The Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (the LAC), also known as the Permanent Court of Arbitration attached to the Chamber of Commerce and Industry of Slovenia, is an autonomous and independent institution which administers the resolution of domestic and international disputes pursuant to its own rules and other rules and procedures agreed upon by the parties.

2. The LAC is composed of the Board and the Secretariat.

APPOINTING AUTHORITY

Article 2 – The LAC as appointing authority

1. These Rules shall apply if the LAC has been designated to act as appointing authority in ad hoc proceedings.
2. The LAC may be designated as appointing authority by contract, law, agreement of the parties to the dispute or by the Secretary-General of the Permanent Court of Arbitration at The Hague. 
3. The LAC may provide the following services as appointing authority:
   1. appointment of arbitrators, mediators or other third-party neutrals;
   2. appointment of substitute arbitrators, mediators and other third-party neutrals;
   3. appointment of experts;
   4. decision on challenges of arbitrators;
   5. assistance in fixing the fees and expenses of arbitrators, mediators and other third-party neutrals as well as review of such fees and expenses.
4. In exercising its functions of an appointing authority, the LAC will do so through its Board.
5. Unless otherwise agreed by the parties, when requested to appoint an arbitrator, the LAC will ordinarily follow the procedure set out in Articles 13 – 16 of the Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (the Ljubljana Arbitration Rules) in force at the time of the receipt of the request by the LAC, and, when requested to appoint a mediator or other third-party neutral, the procedure set out in Article 5 of the Mediation Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (Ljubljana Mediation Rules), respectively. In acting as appointing authority, the LAC may also apply a list-procedure, as envisaged by the UNCITRAL Arbitration Rules or, in its discretion, any other procedure for the selection and the appointment it deems appropriate, having regard to the circumstances of the case.
6. Unless otherwise agreed by the parties, when requested to decide on a challenge of an arbitrator, the LAC will follow the challenge procedure set out in Article 18 of the Ljubljana arbitration rules.
7. The Board may refuse to administer the request where, in its discretion, the Board finds that the parties have agreed to modifications which are incompatible with these Rules, or which deviate from these Rules to such a degree that the proceedings would be disproportionately hindered.

REQUEST

Article 3 – Request

1. A request shall be submitted to the LAC by e-mail and must be:
   1. in writing
   2. in one of the languages of correspondence of the LAC (English or Slovenian);
   3. dated;
   4. signed by the requesting party/parties or its/their duly authorized representative(s). If the request is signed by a representative, it must enclose proof of the authorization.
2. A request shall include the following information:
   1. the names, addresses and contact details (e-mail addresses, telephone) of the parties and their representatives;
   2. a description of the dispute;
   3. a description of the requested type of service pursuant to Article 2(3);
   4. the dispute resolution clause and the agreement by the parties designating the LAC as appointing authority;
   5. a copy of the request for arbitration / statement of claim or other initial written submission, the answer to the request for arbitration / statement of claim, as well as any further relevant submissions or correspondence by the parties;
   6. the name and nationality of any arbitrator(s), mediator(s), third-party neutral(s) or expert(s) already appointed, if any, information on the method of appointment, and any declaration made by them;
   7. language of the proceedings, seat of the arbitration and the applicable law.
3. In exercising its functions under these Rules, the LAC may require from any party the information which it deems necessary.

COSTS

Article 4 – Costs

1. If the LAC is requested to act as appointing authority under these Rules, the requesting party/parties shall pay a non-refundable administrative fee in the amount of EUR 1,500 for each service requested under Article 2(3), except for the decision on challenges of arbitrators, where a fee in the amount of EUR 3,000 shall apply for each service requested.
2. A request will be processed only after full payment of the administrative fee.
3. In exceptional circumstances, the LAC may deviate from the amounts set out in paragraph 1 of this Article.
4. The administrative fee does not include any value added tax. The requesting party/parties shall submit together with the request its tax identification number (if any) or another appropriate means of identification for the purposes of value added tax

GENERAL PROVISIONS

Article 5 – Confidentiality

1. Unless otherwise expressly agreed by the parties, any information concerning the proceedings under these Rules is confidential, except where and to the extent that disclosure is required of a party by a legal duty or to protect or pursue its legal rights or to enforce or challenge an award before a judicial authority.

Article 6 – Exclusion of liability

The arbitrators, mediators, other third-party neutrals, experts, the LAC, the members of the Board and the Secretariat, the Chamber of Commerce and Industry of Slovenia and its employees shall not be liable for any act or omission in connection with the proceedings provided such an exclusion of liability is permissible under the applicable law.

Article 7 – Entry into force

These Rules enter into force on 1 May 2023.