The “Unknown” European Court of Arbitration
By Lauriane Eudeline
Introduction
The European Court of Arbitration (the “Court”) is located in France, Strasbourg. It was established in 1959 and operates under the patronage of the Council of Europe.[1] Before 1990, the Court mainly dealt with disputes between France and German territories. In 1995, it finally became a real European entity with delegations in Italy, Germany, Turkey and Croatia. Now it has national chapters in 15 countries. It is established in several European Countries, Mediterranean Countries and the Middle East.[2]
Role and Missions
The European Court of Arbitration focuses on small and medium-size disputes as it wants to satisfy users, by resolving disputes rapidly and by remaining affordable.[3] Regarding domestic disputes, it is the role of the national delegations to manage the proceedings, whereas, other transnational proceedings are managed by the Court.[4] Nonetheless, the rules of the European Court of Arbitration will apply to both national and transnational proceedings.
Different Rules
The European Court of Arbitration distinguishes itself by having developed the sole arbitrator clause.[5] Again, in order to allow for faster proceedings and reduce the costs, the European Court of Arbitration decided to generalize the appointments of sole arbitrators to small and medium-size disputes.[6] The Court helps the parties in the selection of their arbitrator instead of directly appointing arbitrators, which is the usual procedure. Having only one arbitrator for the resolution of the proceedings means a reduction of one-third of the costs.
However, the European Court of Arbitration does not differ much from other arbitration courts when it comes to “the duration of standards proceedings” which usually lasts 9 months. Regarding Rules of Evidence,[7] the European Court does not let the arbitrators select them, which is usually the procedure in arbitration and which means that the parties do not know yet which rules will be used. Instead, the Court decided to compile the best of the parties’ legal systems and offer a so-called ‘standard solution’. The parties can then depart from it.[8]
For the European Court of Arbitration, Appeal Proceedings are rules not procedures.[9] Upon the agreement of the parties, they can agree on excluding their right to appeal, this can apply to the right of the parties to appeal the award.[10]
Conclusion
The European Court of Arbitration is a distinguishable arbitration court – its reduced costs make it really accessible to the European Public. However, despite its willingness to remain accessible, its innovative rules, the so-called “standard solution” which provides a different approach regarding rules of evidence, the European Court of Arbitration is not yet well-known.
[1] Origins, European Court of Arbitration < https://cour-europe-arbitrage.org/about-the-european-court-of-arbitration/ >.
[2] National Chapters, European Court of Arbitration < https://cour-europe-arbitrage.org/about-the-european-court-of-arbitration/ >.
[3] Mauro Rubino-Sammartino, “The European Court of Arbitration and Mediation Rules” (1998) 15 Journal of International Arbitration 75.
[4] ibid.
[5] ibid.
[6] ibid.
[7] ibid.
[8] ibid.
[9] Arbitration Rules of the European Court of Human Rights (2015) Article 28
[10] cf Mauro Rubino-Sammartino (n 3)