Charter of Arbitration Center

Charter of the Arbitration Center

at the American Chamber of Commerce in Kosovo

I. General Provisions

Article 1

Establishment

1.1. The American Chamber of Commerce in Kosovo hereby establishes the Alternative Dispute Resolution Center (the “ADR Center”).

1.2. The ADR Center a subsidiary part of the American Chamber of Commerce in Kosovo (“AmCham Kosovo”) and is not a separate legal entity.

1.3. The ADR Center shall administer arbitral proceedings in accordance with the Kosovo Rules of Arbitration adopted by the AmCham Kosovo and mediation proceedings in accordance with the Laws of Kosovo.

Article 2

     Name     

2.1. The official name of the ADR Center is “The American Chamber of Commerce in Kosovo Alternative Dispute Resolution Center” (Qendra për Zgjidhjen Alternative të Kontesteve, in Albanian; Centar za Alternativno Rešavanje Sporova, in Serbian).

2.2. The abbreviated name of the Center is “AmCham ADR Center”.

2.3. The ADR Center’s official stamp and seal shall read “American Chamber of Commerce in Kosovo,  Oda Ekonomike Amerikane në Kosovë, Američka Privredna Komora na Kosovu – Alternative Dispute Resolution Center, Qendra për Zgjidhjen Alternative të Kontesteve, Centar za Alternativno Rešavanje Sporova”.

Article 3

Seat of the ADR Center

3.1 . The seat of the ADR Center is the same as the seat of AmCham Kosovo in Prishtina, Kosovo.

3.2. The ADR Center shall operate from AmCham Kosovo’s registered office in Prishtina, Kosovo.

II. Bodies of the ADR Center

Article 4

4.1 . The ADR Center shall consist of the following bodies:

a) Steering Council

b) Secretary General

c) Arbitration Panels

d) The Secretariat

4.2. The ADR Center relationship within AmCham Kosovo:

Article 5

Steering Council

5.1. The ADR Center shall have a Steering Council, (“the Council”), consisting of no less than three and no more than five members, including a Chairperson. In addition to the above, in order to ensure effective coordination between AmCham Kosovo and the ADR Center on administrative and financial matters, the Council shall also include the Executive Director of AmCham as a non-voting member.

5.2. Members of the Council are appointed by the Board of Governors of the AmCham Kosovo from among members of the legal community who are distinguished by their prestige and knowledge in the field of arbitration who are not members of the AmCham Kosovo Board.

5.3. The AmCham Board should initiate and determine the process for finding, appointing and dismissing candidates to serve as Members of the Council.

5.4. Each Member of the Council shall serve a three-year term, which is renewable once.

5.5. The Chairperson of the Council is elected by a majority vote of all members of the Council.

Article 6

Competences of the Council

6.1. The Council shall implement the ADR Center’s objectives and carry out its duties. In particular, the competencies of the Council shall include but not be limited to the following:

6.1.1. Recommend to the Board of Governors of AmCham Kosovo (“the AmCham Board”) any amendments to this Charter;

6.1.2. Assure that the Rules of Arbitration and the Rules of Mediation are followed in all arbitration and mediation proceedings before the ADR Center;

6.1.3. Implement all financial and administrative regulations of AmCham Kosovo and prepare and submit the ADR Center’s financial and administrative decisions to the AmCham Board for approval;

6.1.4. Recommend to the AmCham Board through the Executive Director of AmCham Kosovo: (i) qualified candidates for the ADR Center’s Secretary General, and (ii) dismissal of the ADR Center’s Secretary General with suitable justification;

6.1.5. Draft and submit the ADR Center’s annual budget to the AmCham Board  for review, revision, approval, and inclusion in the overall budget of AmCham Kosovo;

6.1.6. Review and approve the annual report on the ADR Center’s activities and submit the report to the Board of AmCham Kosovo for its review, approval and inclusion in AmCham Kosovo’s annual report;

6.1.7. Review the arbitral awards in accordance with the Rules of Arbitration, mediation decisions in accordance with the Rules of Mediation, and both according to principles of independence, fairness and transparency, and approve when appropriate;

6.1.8. Exercise all its procedural duties and responsibilities in accordance with the Arbitration Rules of Procedure and Mediation Rules of Procedure;

6.1.9.  Review and approve the ADR Center’s roster of arbitrators and mediators;

6.1.10. Interpret the Rules of Arbitration;

6.1.11. Review and approve written reports from the Secretary General on arbitration and other alternate dispute resolution methods;

6.1.12. Recommend to the AmCham Board cooperative agreements with national and international institutions and organizations for the development of arbitration and mediation; and.

6.1.13. Perform any other duties as delegated by the AmCham Board consistent with the abovementioned competences.

Article 7

Meetings of the Council

7.1. The Council shall convene a meeting at least every three months or whenever such meeting is deemed necessary by a majority of the members of the Council or at the request of the AmCham Board.

7.2. Council meetings shall be called by the Chairperson of the Council through the Secretary General, with written notice sent to each member of the Council no less than five (5) working days prior to the respective meeting.

7.3. Any three voting members of the Council may convene a meeting of the Council, in which case they shall send written notice to all other members of the Council and the Secretary General stating the purpose and agenda for such meeting no less than five (5) working days prior to the respective meeting.

7.4. Meetings of the Council are chaired by the Chairperson. In absence of the Chairperson, the meetings of the Council will be chaired by a voting member of the Council designated by the Chairperson.

7.5. A Council meeting shall not be validly convened except in the presence of at least three of its voting members.

7.6. Resolutions of the Council shall be adopted by a majority of votes of the voting members present and shall be signed by the Chairperson. In case of an equality of votes, the Chairperson shall have the deciding vote.

7.7. Members of the Council, who are a party to an arbitration or mediation proceeding in any capacity, shall be precluded from voting on any matter relating to such proceeding and shall be precluded from receiving any oral or written information about such proceeding and shall be precluded from attending any meeting or discussion on such proceeding.

7.8. The Secretary General shall attend all Council meetings but is not entitled to vote.  He or she shall be responsible for recording the points discussed and/or decisions made at Council meetings and preparing draft minutes of the meetings for review and approval by the Council members.

Article 8

Secretary General

8.1. The ADR Center shall have a Secretary General. Qualified candidates shall be identified by the Council and a preferred candidate shall be recommended by the Council to the Board of AmCham as per Article 6.1.4.  The Board of AmCham shall approve the appointment via a simple majority vote and determine the terms and scope of his/her employment.

8.2. The Secretary General shall report to the Council on all matters under Article 7 and 9 herein.  The Executive Director of AmCham shall provide day-to-day administrative and financial supervision of the Secretary General.

Article 9

Competences of the Secretary General

9.1. Specifically, the Secretary General’s duties and responsibilities shall include but not be limited to the following:

9.1.1. Daily management of the ADR Center;

9.1.2. Ensures that arbitration and mediation cases are filed and processed in accordance with the Rules of Arbitration and the Rules of Mediation as well as other applicable instruments, including but not limited to the governing instruments of AmCham Kosovo and the provisions of the applicable Kosovo law;

9.1.3. Prepares draft rules, regulations and policies regarding the management of the ADR Center for the consideration and/or approval by the Council;

9.1.4. Maintains the roster of Arbitrators and Mediators of the ADR Center in accordance with the rules, regulations and policies adopted by the Council;

9.1.5. Prepares the work for and executes the decisions and policies of the Council;

9.1.6. Develops the draft organizational and financial plans of the ADR Center for consideration by the Council;

9.1.7. Maintains official records and documents of the ADR Center, and ensures compliance with the Rules of Arbitration and the Rules of Mediation, applicable Kosovo law and AmCham Kosovo’s By Laws and associated rules and regulations;

9.1.8. Calculates costs and instructs the parties to make deposits according to the decisions of the Center;

9.1.9. Reviews the form of draft awards and settlement agreements prepared by arbitrators and mediators and prepares recommendations on changes, if any, for review of the Council;

9.1.10. Perform any other duties as assigned through a decision of the Council.

Article 10

Rules of Arbitration and Rules of Mediation

10.1. The Council shall ensure that the Rules of Arbitration and the Rules of Mediation are followed in all ADR Center proceedings.

Article 11

Confidentiality

11.1. Unless agreed in writing to the contrary by the parties to the arbitration or mediation proceeding, the Council, arbitrators, mediators, tribunal-appointed experts, the Secretary General, the ADR Center and all parties to any proceeding shall keep confidential all awards and orders as well as all materials submitted by another party in the framework of the arbitral and/or mediation proceedings not otherwise in the public domain, save and to the extent that a disclosure may be required of a party by a legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a judicial authority.

III. Budget

Article 12

12.1. The annual budget of the ADR Center is integrated into AmCham Kosovo’s annual budget though a separate budget line. The budget proposal shall be prepared by the Secretary General of the ADR Center and be reviewed and approved by the Council. The proposed budget of the ADR Center, as approved by the Council, shall be submitted to the Executive Director of AmCham who shall incorporate it into the AmCham Kosovo annual budget for final approval by the AmCham Board and the General Assembly of AmCham Kosovo in accordance with the By-Laws of AmCham Kosovo.

12.2. The ADR Center shall have only one sub-bank account and may receive and make payments in accordance with the AmCham Kosovo Bylaws and Financial Management Procedures

IV. Final Provisions

Article 13

13.1. Any administrative decision of the Council, shall become effective and enforceable upon their approval by the Council.

Article 14

Amendment of Charter

14.1 . The Council is the competent body to review and make recommendations for amendment of this Charter.

14.2. Any Member of the Council may propose amendments to this Charter.

14.3. The Council may recommend any amendment of this Charter to the AmCham Board and such amendment(s) will become effective only through an affirmative majority vote of the AmCham Board.

Approved in Prishtina, Kosovo on 8th of April, 2014