Administration Process of Cases Note
1. Introduction
1.1 This Administration Process Note explains how Prime Dispute will administer cases.
Please note: If you are applying under the UNCITRAL Arbitration Rules, please read; Prime Dispute 'Appointing Authority in UNCITRAL' Rules (includes guidance on the administration process).
1.2 Cases shall be administered by Prime Dispute in accordance with this Administrative Process of Cases Note if;
(a) the parties have agreed that the case will be administered by Prime Dispute;
(b) any Tribunal has agreed that the case will be administered by Prime Dispute;
(c) it is part of any requests by the Court, rules, term or conditions; or
(d) there are any similar circumstances referring to Prime Dispute.
1.3 Prime Dispute can provide the following support:
(a) the appointment of the dispute resolver(s) with step by step administrative support to the parties or the parties’ representatives;
(b) the case management of the process, which includes liaising with the dispute resolver(s), parties (including representatives) on the delivery of all documents, organising translators, appointing experts, diary management, arranging hearing rooms, equipment and ensuring the smooth running of the case;
(c) ensuring the dispute resolver(s) adhere to the 'Business Ethics and Conflict of Interests Policy' or similar and Prime Dispute Rules (if applicable), to avoid any issues that could affect the dispute or any timescales during the process.
2. Appointment of the Dispute Resolver
2.1 All dispute resolver appointment by Prime Dispute shall adhere to the following:
(a) Business Ethics and Conflict of Interests Policy;
(b) User Agreement regarding membership;
(c) Criteria for Inclusion on Prime Dispute's Panels;
(d) Prime Dispute user agreement for FPD (Fellow Prime Dispute) members; or
(e) other standards deemed equivalent by Prime Dispute.
2.2 In all cases, the objective is to appoint dispute resolvers who shall be, and remain, at all times impartial, independent and ensure the equal treatment of the parties.
2.3 The appointment of the dispute resolver shall be undertaken by either the President or by an alternative senior individual appointed by Prime Dispute.
2.4 The role of the Case Officer under any 'Agreement', 'Contract', 'Rules' or similar, shall be undertaken under the supervision of a senior Director at Prime Dispute.
2.5 The President, Boards and Trustees of Prime Dispute shall only be eligible to be appointed as a Dispute Resolver if all parties agree in writing to nominate them as the sole or presiding arbitrator; providing the President, Boards and Trustees, have the requisite experience, knowledge and skills relating to such case.
2.6 In exceptional cases, where there are no suitable dispute resolvers on specific Prime Dispute panels, the President may appoint a dispute resolver who is not on Prime Dispute's panel but still a member or hold the designation "MPD' (Member Prime Dispute).
3. Business Ethics and Conflict of Interest Policy
3.1 All potential dispute resolvers appointed by Prime Dispute shall adhere to the 'Business Ethics and Conflicts of Interest Policy' and specifically the section relating to 'Business Ethics for Dispute Resolvers'.
3.2 It is imperative for the Dispute Resolver to be open and transparent with the parties from the outset and must decline to accept an appointment unless all the parties agree that they have no objection.
4. Financial Management of the Case
4.1 If 1.2 applies, Prime dispute shall deal with the management of the case in accordance with 'Prime Dispute - Schedule of Fees'. This shall include:
(a) fixing the fees of the dispute resolvers and the appointment terms;
(b) collecting deposits towards the cost of the case;
(c) processing the fees and expenses.
5. Dispute Resolver Fees, deposits and expenses
5.1 If 1.2 applies, the dispute resolver will not directly send the parties its own fees, deposits and expenses, this shall be administered by Prime Dispute.
5.2 If the case is terminated, withdrawn or settled, the case officer shall consult the dispute resolver and inform the parties regarding the fees payable. The dispute resolver shall take into account the stage of the case.
5.3 If 1.2 applies, the dispute resolver’s reasonable expenses shall be borne by the parties and reimbursed at cost (See 5.5). Expenses will be reimbursed only upon submission and verification by the case officer of supporting invoices and receipts.
5.4 A dispute resolver who is required to travel outside his or her residence will be reimbursed with the prior agreement of Prime Dispute The dispute resolver must ensure that this is at a reasonable cost and provide appropriate invoices and/ or receipts..
5.5 The expenses relating to 5.3 and 5.4 will include the following expenses:
(a) hotel accommodation;
(b) meals/beverages;
(c) dry cleaning and ironing;
(d) electronic and communication usage (telephone, internet usage, etc);
(e) transportation (not including airport transfer unless specifically agreed with Prime Dispute);
(f) travel insurance.
6. Deposits and Advance payment from the parties
6.1 If 1.2 applies, Prime Dispute will receive deposits and advances from the parties to relating to the cost of the case when required
6.2 Unless the Case Officer requests otherwise (after consulting the dispute resolver), such deposits and advances shall be made payable by the parties in equal amounts.
6.3 If the dispute resolver request interim payments, the parties will adhere to this only with the agreement of Prime Dispute.
6.4 Any interest which may accrue on any deposits and advances whilst held by Prime Dispute be retained by Prime Dispute.
7. Prime Dispute's Liability
7.1 Prime Dispute acts as an agent in collecting the deposits and advances, however, is not legally liable to the dispute resolver or the parties except to collect and account for the deposits and advances it has collected at the request of the dispute resolver.
7.2 Neither Prime Dispute (LTD); President; Vice President, Trustees, Directors, Case Officers, Employees, Consultants, Neutral, Member, Dispute avoidance/resolution specialist, shall be under any legal obligation to make any statements to any person about any matter concerning the case(s), nor shall any party seek to make any of these persons a witness in any legal or other proceedings arising out of an case(s).
7.3 No Member of Prime Dispute shall knowingly bring Prime Dispute or its brand into disrepute. If a Member feels their actions may inadvertently impacted negatively on the reputation or brand value of Prime Dispute they should bring it to the attention of the Director or Prime Dispute at the earliest opportunity.
1. Introduction
1.1 This Administration Process Note explains how Prime Dispute will administer cases.
Please note: If you are applying under the UNCITRAL Arbitration Rules, please read; Prime Dispute 'Appointing Authority in UNCITRAL' Rules (includes guidance on the administration process).
1.2 Cases shall be administered by Prime Dispute in accordance with this Administrative Process of Cases Note if;
(a) the parties have agreed that the case will be administered by Prime Dispute;
(b) any Tribunal has agreed that the case will be administered by Prime Dispute;
(c) it is part of any requests by the Court, rules, term or conditions; or
(d) there are any similar circumstances referring to Prime Dispute.
1.3 Prime Dispute can provide the following support:
(a) the appointment of the dispute resolver(s) with step by step administrative support to the parties or the parties’ representatives;
(b) the case management of the process, which includes liaising with the dispute resolver(s), parties (including representatives) on the delivery of all documents, organising translators, appointing experts, diary management, arranging hearing rooms, equipment and ensuring the smooth running of the case;
(c) ensuring the dispute resolver(s) adhere to the 'Business Ethics and Conflict of Interests Policy' or similar and Prime Dispute Rules (if applicable), to avoid any issues that could affect the dispute or any timescales during the process.
2. Appointment of the Dispute Resolver
2.1 All dispute resolver appointment by Prime Dispute shall adhere to the following:
(a) Business Ethics and Conflict of Interests Policy;
(b) User Agreement regarding membership;
(c) Criteria for Inclusion on Prime Dispute's Panels;
(d) Prime Dispute user agreement for FPD (Fellow Prime Dispute) members; or
(e) other standards deemed equivalent by Prime Dispute.
2.2 In all cases, the objective is to appoint dispute resolvers who shall be, and remain, at all times impartial, independent and ensure the equal treatment of the parties.
2.3 The appointment of the dispute resolver shall be undertaken by either the President or by an alternative senior individual appointed by Prime Dispute.
2.4 The role of the Case Officer under any 'Agreement', 'Contract', 'Rules' or similar, shall be undertaken under the supervision of a senior Director at Prime Dispute.
2.5 The President, Boards and Trustees of Prime Dispute shall only be eligible to be appointed as a Dispute Resolver if all parties agree in writing to nominate them as the sole or presiding arbitrator; providing the President, Boards and Trustees, have the requisite experience, knowledge and skills relating to such case.
2.6 In exceptional cases, where there are no suitable dispute resolvers on specific Prime Dispute panels, the President may appoint a dispute resolver who is not on Prime Dispute's panel but still a member or hold the designation "MPD' (Member Prime Dispute).
3. Business Ethics and Conflict of Interest Policy
3.1 All potential dispute resolvers appointed by Prime Dispute shall adhere to the 'Business Ethics and Conflicts of Interest Policy' and specifically the section relating to 'Business Ethics for Dispute Resolvers'.
3.2 It is imperative for the Dispute Resolver to be open and transparent with the parties from the outset and must decline to accept an appointment unless all the parties agree that they have no objection.
4. Financial Management of the Case
4.1 If 1.2 applies, Prime dispute shall deal with the management of the case in accordance with 'Prime Dispute - Schedule of Fees'. This shall include:
(a) fixing the fees of the dispute resolvers and the appointment terms;
(b) collecting deposits towards the cost of the case;
(c) processing the fees and expenses.
5. Dispute Resolver Fees, deposits and expenses
5.1 If 1.2 applies, the dispute resolver will not directly send the parties its own fees, deposits and expenses, this shall be administered by Prime Dispute.
5.2 If the case is terminated, withdrawn or settled, the case officer shall consult the dispute resolver and inform the parties regarding the fees payable. The dispute resolver shall take into account the stage of the case.
5.3 If 1.2 applies, the dispute resolver’s reasonable expenses shall be borne by the parties and reimbursed at cost (See 5.5). Expenses will be reimbursed only upon submission and verification by the case officer of supporting invoices and receipts.
5.4 A dispute resolver who is required to travel outside his or her residence will be reimbursed with the prior agreement of Prime Dispute The dispute resolver must ensure that this is at a reasonable cost and provide appropriate invoices and/ or receipts..
5.5 The expenses relating to 5.3 and 5.4 will include the following expenses:
(a) hotel accommodation;
(b) meals/beverages;
(c) dry cleaning and ironing;
(d) electronic and communication usage (telephone, internet usage, etc);
(e) transportation (not including airport transfer unless specifically agreed with Prime Dispute);
(f) travel insurance.
6. Deposits and Advance payment from the parties
6.1 If 1.2 applies, Prime Dispute will receive deposits and advances from the parties to relating to the cost of the case when required
6.2 Unless the Case Officer requests otherwise (after consulting the dispute resolver), such deposits and advances shall be made payable by the parties in equal amounts.
6.3 If the dispute resolver request interim payments, the parties will adhere to this only with the agreement of Prime Dispute.
6.4 Any interest which may accrue on any deposits and advances whilst held by Prime Dispute be retained by Prime Dispute.
7. Prime Dispute's Liability
7.1 Prime Dispute acts as an agent in collecting the deposits and advances, however, is not legally liable to the dispute resolver or the parties except to collect and account for the deposits and advances it has collected at the request of the dispute resolver.
7.2 Neither Prime Dispute (LTD); President; Vice President, Trustees, Directors, Case Officers, Employees, Consultants, Neutral, Member, Dispute avoidance/resolution specialist, shall be under any legal obligation to make any statements to any person about any matter concerning the case(s), nor shall any party seek to make any of these persons a witness in any legal or other proceedings arising out of an case(s).
7.3 No Member of Prime Dispute shall knowingly bring Prime Dispute or its brand into disrepute. If a Member feels their actions may inadvertently impacted negatively on the reputation or brand value of Prime Dispute they should bring it to the attention of the Director or Prime Dispute at the earliest opportunity.
