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THE ASSOCIATED
PROCEEDINGS Proceedings
governed by the FIS Rules (International Seed Trade disputes), the
ASSINSEL Rules (rights attached to methods and results of plants
improvement) and he ENDR Rules (disputes between European companies
whose claims are under € 100.000) belong to this category. FIS ARBITRATION
RULES
The
FIS Arbitration Rules concern disputes securing in international
trade of seeds. Arbitration
proceedings take place in each country under the supervision of
an association affiliated to the International Seed Trade Federation
(FIS), which gives to an arbitration chamber the task of organising
arbitration. In
France, the Arbitration Chamber of Paris is the chamber designated
for this duty. The
application for arbitration must be sent by registered mail to the
Arbitration Chamber of the seller’s country. Parties
will then receive a list of arbitrators which indicates, for each
arbitrator, the category of seeds in which he is competent to act
as arbitrator. Each party shall nominate one arbitrator, the third
arbitrator being nominate by the Arbitration Chamber. Arbitrators
shall make their award in accordance with the International Seed
Trade Federation Rules and Uses and any other conditions, which
may have been agreed by the parties to the contract. They shall
draw the award in such a way that it complies with the provision
of the Conventions of Geneva and New York. Each
party may lodge an appeal against the award by mail to General Secretariat
of FIS. That appeal must be lodged not later than one month after
receipt of the award. A national association affiliated to FIS is
charged with the hearing of the appeal, this association being neither
the association of the appellant’s nor the respondent’s country
nor of the country where the arbitration of the first instance has
been heard. The
appeal shall be heard by, at least, three arbitrators designated
by the Arbitration Chamber dealing with the case. The
FIS Arbitration Rules must be obtained from the General Secretariat
of International Seed Trade Federation, chemin du Reposoir, 7 1260
NYON, Switzerland. ASSINSEL
ARBITRATION RULES
The
ASSINSEL is an international organisation, which represents the
selectioners and obtainers of new vegetal varieties and biotechnological
methods. The
ASSINSEL Arbitration Rules concern disputes occurring in the domain
of research and the creation of patents and rights applied to methods
and results of works done in cultural improvement. Arbitration
proceedings take place in each country under the supervision of
the existing national association, which designates the Arbitration
Chamber in charge of organizing the arbitrations. The Arbitration
Chamber of Paris is the official centre of arbitration for ASSINSEL
in France. The
bench of an Arbitration Tribunal shall comprise three members, each
party having the right to nominate an arbitrator chosen from the
list drawn up by the affiliated national association. The
award has to comply with the national laws and international conventions. Each
party may lodge an appeal against the award when such an appeal
is provided by the rules of the competent Arbitration Chamber. In
other case, the award is final. The
arbitration costs are determined in consideration of the importance
of the dispute and based on the arbitrators’ fees and costs. An
exceptional urgent procedure may be requested at the time of the
application for arbitration. These
rules may be obtained from ASSINSEL Office, 7 rue Coq Heron, 75001
PARIS, France. ENDR ARBITRATION
RULES
The
ENDR Rules of arbitration concern disputes occurring in national
or international trade, and for which claims are under € 100.000. These
Arbitration Rules, called Euroarbitration, are applied by a network
of centres of arbitration and mediation situated in most of the
larger European cities. Every
arbitration centre draws up a list of arbitrators, giving parties
the possibility of agreeing on the nomination of a sole arbitrator. The
arbitrator’s award is final. By submitting the dispute to these
rules, the parties undertake to carry out
the resulting award without delay and to waive their rights to any
form of appeal. The
cost of arbitration is € 1500 and is apportioned by the arbitrator. The
ENDR Rules in French language may be obtained from the Arbitration
Chamber of Paris Office. The
ENDR arbitration centres are the following :
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Tel. : 331 42 36 99 65 |
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