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DESCRIPTION OF THE PROCEDURE FOR COMPILING LISTS OF ARBITRATORS AND MEDIATORS

Lithuanian Arbitration Association (LAA)

Approved
                                                                           by Decision No 4 of the General Meeting of Members
                                                              of the Lithuanian Arbitration Association (LAA)
       of 3 April 2009



DESCRIPTION OF THE PROCEDURE FOR COMPILING LISTS OF ARBITRATORS AND MEDIATORS



1. General provisions

1.1 This Description of the Procedure for Compiling Lists of Arbitrators and Mediators (abbreviated as the “Description”) has been drawn up in compliance with the UNCITRAL Model Law on International Commercial Arbitration (1985), the UNCITRAL Model Law on International Commercial Conciliation (2002), the Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications, the Law of the Republic of Lithuania on the Recognition of Regulated Professional Qualifications (“Valstybes Zinios” (the Official Gazette) No 47-1747, 2008), the List of Juridical Positions (“Valstybes Zinios” (the Official Gazette) No 82-3524, 2002) as approved by the Government, the LAA Rules of Ethics for Arbitrators.

1.2 A specialist of any profession who is of a sufficiently good repute and holds required knowledge (competence) in the field of disputed civil (legal) relationships may be selected (nominated) as an arbitrator and/or mediator for the settlement of a business or another economic (commercial or tortious) dispute (resolution of a disagreement). The extra-judicial (alternative to courts) practice of resolution of commercial and other business disputes (disagreements) shows that disagreements are resolved more easily and speedily, opposite interests of the parties are reconciled more smoothly, and greater transparency, impartiality and true justice are achieved when the composition of panels of arbitral tribunals or mediation panels formed for the purpose of settlement of a concrete (real) dispute (resolution of a disagreement) combines legal competence, competence of administration (management) of a disputed business field as well as practical experience of economic activities.

1.3 In Lithuania, an arbitrator as a judge of business (commercial) court of arbitration (just like a judge of a state court) is a person performing the public functions (implementation of justice in the business field) delegated by the State. The powers delegated by the State to an arbitrator (arbitral tribunal) are stipulated in the Civil Code of the Republic of Lithuania (Articles 1.37; 1.73; 1.117; 2.11; 3.188 and 6.188), the Code of Civil Procedure of the Republic of Lithuania (Articles 23; 137; 293; 584; 773-779; 813-815 and 817), the Law of the Republic of Lithuania on Commercial Arbitration (“Valstybes Zinios” (the Official Gazette) No 39-961, 1996), the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards as ratified by the Seimas (“Valstybes Zinios” (the Official Gazette) No 10-208, 1995), other international and national legal acts. In compliance with paragraph 2 of Article 137 of the Code of Civil Procedure of the Republic of Lithuania, a court shall dismiss a claim where an arbitral award has become effective or where the parties have entered into an arbitration agreement on resolution of the dispute indicated in the claim, while according to paragraph 1 of Article 584 of the Code of Civil Procedure of the Republic of Lithuania, an arbitral award as a document subject to execution shall be held equal to a ruling of a state court by its legal (binding) power. Compulsory enforcement of the award is ensured by the State through its enforcement means.

1.4 The functions delegated by the State to an arbitral tribunal as listed in paragraph 1.3 of this Description and the powers granted to it to adopt binding legal decisions determine the abilities of the persons adopting them (arbitrators) to appropriately perform an assignment delegated by the State. For the validity, lawfulness and qualification of the decisions adopted by arbitral tribunals as well as their justice not to raise any doubts, the List of LAA Recommended Arbitrators shall consist of practising specialists in law and business (economic) fields possessing the required knowledge for proper resolution of the disputes arising in various business (economic activity) fields. On such a basis, the lists of general-competence arbitrators recommended by the LAA shall include all the specialists meeting the key qualification requirements subject to submission by them of applications to the Board of the LAA. Those who possess better abilities (special competence) to resolve the disputes falling within jurisdiction of specialised arbitral tribunals shall be included in the panels of recommended arbitrators of those tribunals.

1.5 In contrast to an arbitrator, a mediator performing the functions of resolution of business (economic) disputes, just like mediators of all other categories (trade, advertising, finance, insurance, etc.) is not granted by Lithuanian laws and international legal acts any right to adopt binding decisions. However, having regard to requirements of the mentioned the UNCITRAL Model Law on International Commercial Conciliation (2002) and provisions of the UNCITRAL Conciliation Rules (1980), the List of LAA Recommended Mediators for the resolution of business (economic, commercial) disputes shall contain the specialists holding the required qualification to perform mediation functions.

1.6 When entering specialists into the List of LAA Recommended Arbitrators and the List of LAA Recommended Mediators, priority shall be given to the persons recommended by associated business entities, societies of advocates or other lawyers, scientific or educational establishments, other non-profit business entities.

1.7 The entering of a person into the List of LAA Recommended Arbitrators and the List of LAA Recommended Mediators shall be an integral part of his membership of the Lithuanian Arbitration Association (LAA).

2.Qualification requirements set forth for an LAA recommended arbitrator

2.1 A person recommended by the LAA as a general-competence arbitrator for the settlement of business (economic) disputes should preferably possess:
1) a completed higher education in law, economics, administration (management) or other economic discipline of social sciences (including postgraduate specialization, in-service training or retraining studies);
2) practical work experience in any field of business (economic activities);
3) basic knowledge of business law, prevention of conflicts (disagreements), psychology of communication;
4) the informed understanding of the ways and methods of settlement of business (economic, commercial) disputes.

2.2 A person recommended as an arbitrator for the settlement of international business disputes should:
1) be able to communicate in the English language or another foreign language used in the practice of international business;
2) be informed of the principal requirements of the legal acts governing international business relations, be knowledgeable about their application in practice;
3) be well informed of the key provisions of the Law of the Republic of Lithuania on Commercial Arbitration, the Rules of Procedure of International Commercial Arbitration as approved by the LAA, other documents regulating the procedure for settling international business disputes in arbitration proceedings.

2.3 A person recommended as an arbitrator for the settlement of domestic business disputes should:
1) be able to communicate in the Lithuanian language;
2) be informed of the main requirements of the legal acts regulating economic and commercial activities in Lithuania; be knowledgeable about their application in practice;
3) be well informed of the key provisions of the Law of the Republic of Lithuania on Commercial Arbitration, the Rules of Procedure of National Commercial Arbitration as approved by the LAA.

2.4  A person recommended as an arbitrator for the settlement of the disputes falling under the jurisdiction of a specialised (special-competence) arbitral tribunal should
1) be informed of the key provisions of Lithuanian and international legal acts regulating legal relationships in the business sector, if the disputes arising in it fall under the jurisdiction of the specific specialised arbitral tribunal;
2) be well informed of the procedural rules governing hearing of cases at a specialised arbitral tribunal.

2.5 The principal personal and professional trait of both an arbitrator and a mediator shall be the ability to act, when resolving disputes (especially when adopting binding decisions), in strict compliance with the highest moral values, when interpreting or applying laws and other legal acts – to be guided by the principles of justice, fairness and reasonableness as well as the LAA Rules of Ethics for Arbitrators approved in accordance with the established procedure.
   

3. Qualification requirements set forth for an LAA recommended arbitrator

 

3.1 A person recommended by the LAA as a mediator for the settlement of business (economic) disputes should preferably:
1) possess a completed higher education in any discipline of social sciences;
2) be informed of the main requirements of business law; be knowledgeable about possibilities of their application in practice of mediation;
3) possess basic knowledge of the ways of prevention of conflicts, essential issues of psychology, art of negotiation, professional communication;
4) be knowledgeable about the reasons of occurrence of business (economic) disagreements and the methods of their resolution (conciliation of interests of parties to a dispute);
5) have work (practical) experience in any field of economic activities.

3.2 The following shall be attributed to the main personal and professional traits of a person recommended to perform the functions of a mediator:
1) communicability, the ability to focus parties to a dispute on constructive dialogue, focus their effort on the achievement of a compromise;
2) the ability to provide to the professional advice (real assistance), help them to draw up a conciliation agreement;
3) good knowledge of the Lithuanian language for a person recommended as a mediator for resolution of domestic business (economic) disagreements, and sufficient knowledge of foreign languages for a person recommended as a mediator for resolution of international business disagreements.  
 
4. Procedure for compiling the List of LAA Recommended Arbitrators

 

4.1 In compliance with provisions of paragraph 2 of this Description, the list of general-competence recommended arbitrators residing in Lithuania (recommended for the hearing and settlement of a broad range of both domestic and international business (economic, commercial) disputes) shall include all the LAA members (arbitrators) residing in the country.

4.2 The list of general-competence recommended arbitrators residing abroad (recommended for the hearing and settlement of a broad range of international business (economic, commercial) disputes) shall include all LAA members (arbitrators) residing in various foreign countries and related pro forma (on the basis of an associate membership).

4.3 The list of recommended arbitrators of panels of specialised (special-competence) arbitral tribunals as administered by Vilnius Arbitration (maritime, energy, transport, electronics/informatics, construction, trade, etc.) shall include the LAA members (arbitrators) and associate members (arbitrators) of the LAA  (related pro forma to the LAA) who are competent to hear and resolve the disputes falling under the jurisdiction of those tribunals.

4.4 A specialist residing in Lithuania and wishing to become an LAA member (arbitrator) and be entered into the list of general-competence recommended arbitrators residing in Lithuania shall fill in and submit (forward) to the Board of the LAA an application of the enclosed form (Annex I).

4.5 A foreign specialist wishing to become an associate member (arbitrator) of the LAA (related pro forma to the LAA) and be entered into the list of general-competence recommended arbitrators residing abroad shall fill in and submit (forward) to the Board of the LAA an application of the enclosed form (Annex II).

4.6 An LAA member (arbitrator) or an associate LAA member (arbitrator) wishing to be entered in the panel of recommended arbitrators of specialised arbitral tribunal shall, in the application submitted to the Board of the LAA (Annex I or Annex II), the section “Specialization”, indicate the name of the specialised arbitral tribunal and the basis of acquisition of the abilities (competence) for the settlement of the disputes falling under the jurisdiction of that tribunal (e.g., work experience in the business sector of the disputes subject to arbitration, completed special studies, published articles, etc.).

 

5. Procedure for compiling the List of LAA Recommended Mediators

 

5.1 In compliance with provisions of paragraph 3 of this Description, the List of LAA Recommended Mediators shall include all LAA members (arbitrators) wishing to mediate in the resolution of business disputes, associate (related pro forma to the LAA) LAA members (arbitrators) residing abroad and the LAA members (mediators) not related to arbitration functions and residing in Lithuania or abroad.

5.2 The LAA members (arbitrators) and associate LAA members (arbitrators) wishing to be entered in the List of LAA Recommended Mediators shall indicate this in the appropriate section of the applications for LAA membership (form I or form II) as submitted to the Board of the LAA.

5.3 A specialist residing in Lithuania or abroad and wishing to become only an LAA member (mediator) (without associating their competence with performance of an arbitrator’s functions) and be entered solely into the List of LAA Recommended Arbitrators shall fill in and submit (forward) to the Board of the LAA an application of the attached form (Annex III).

5.4  On the basis of an application of the person concerned submitted to and approved by the Board of the LAA and subject to payment by the applicant of the LAA membership fees of the established amount, the latter shall be entered into the List of LAA Recommended Arbitrators and the List of LAA of Recommended Mediators approved by the General Meeting of Members of the LAA and published on the websites of the LAA and Vilnius Arbitration.

 

6. Final provisions

 

6.1 The lists of LAA recommended arbitrators and mediators, their amendments and supplements as approved by a decision of the General Meeting of Members of the LAA shall be published on the websites of the LAA and Vilnius International and National Commercial Arbitration.

6.2 Any LAA member (arbitrator), LAA member (mediator) and associate LAA member (arbitrator or mediator) may, at his own request and by a decision of the Board of the LAA, be removed from an appropriate list of recommended arbitrators or mediators or temporarily (for a period indicated by him) not recommended for performance of the functions of an arbitrator or mediator.

6.3 An LAA member (arbitrator) or an associate LAA member (arbitrator) or an LAA member (mediator) who has been removed from the Association in accordance with the established procedure shall also be stricken off the lists of recommended arbitrators and mediators as recommended by it.

6.4 An LAA member who fails to regularly pay his annual membership fee may have his powers to hear and resolve any disputes as an LAA recommended arbitrator or LAA recommended mediator suspended by a decision of the Board of the LAA, which shall be announced on the website of the LAA.   

 

 

                                                                                                                                                                                                                ANNEX I

 

To the General Meeting of Members of Lithuanian Arbitration Association (LAA)

 

A P P L I C A T I O N
for the   a r b i t r a t o r s
 

 I, the undersigned

 

 

Surname (Mr./Mrs./Ms): __________________________________________________________________________
Name: _______________________________________________________________________________________
 Date of birth:  __________________________________  Citizenship: ______________________________________
  Date and name of university finished : _______________________________________________________________    _____________________________________________________________________________________________
 Graduation sort and professional title: _______________________________________________________________
 _____________________________________________________________________________________________
_____________________________________________________________________________________________
Postgraduate specialization/business experience: _____________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________

Present position/ocupation: _______________________________________________________________________
_____________________________________________________________________________________________
 _____________________________________________________________________________________________
 Used language (-s): _____________________________________________________________________________
Adress and postcode: ___________________________________________________________________________
____________________________________________________________________________________________
Country: ______________________________________________________________________________________
 Tel.: __________________________________ Mobile: _________________________________________________
  Fax: ___________________________________  E-mail, Website: ________________________________________
 _____________________________________________________________________________________________

 

 

hereby apply for the membership as the Associate Member-Arbitrator of Lithuanian Arbitration Association (LAA) and for inserting into the List of LAA Recommended Arbitrators for resolving international business disputes.

 

 


___________________________                                                                        _____________________________
(Date)                                                                                                                              (Signature)

 

 

 

 

Please return this form:
by post: Gedimino av. 64-63,  LT-01111 Vilnius,  Lithuania or
by  E-mail:  arbitrazas@centras.lt , or 
by fax: (+370) 5 2490948


For contacts:
Tel.: (+370) 5 2496033   
Mobile: (+370) 687 72500
Website: http://www.arbitration.lt 

 

 

 _______________________________

 

 

 

                                                                                                                                                                                                                   ANNEX II

 

To the General Meeting of Members of Lithuanian Arbitration Association (LAA)

 

A P P L I C A T I O N
for the   m e d i a t o r s

 I, the undersigned

 

 

Surname (Mr./Mrs./Ms): __________________________________________________________________________
Name: _______________________________________________________________________________________
 Date of birth:  __________________________________  Citizenship: ______________________________________
  Date and name of university finished : _______________________________________________________________    _____________________________________________________________________________________________
 Graduation sort and professional title: _______________________________________________________________
 _____________________________________________________________________________________________
_____________________________________________________________________________________________
Postgraduate specialization/business experience: _____________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________

Present position/ocupation: _______________________________________________________________________
_____________________________________________________________________________________________
 _____________________________________________________________________________________________
 Used language (-s): _____________________________________________________________________________
Adress and postcode: ___________________________________________________________________________
____________________________________________________________________________________________
Country: ______________________________________________________________________________________
 Tel.: __________________________________ Mobile: _________________________________________________
  Fax: ___________________________________  E-mail, Website: ________________________________________
 _____________________________________________________________________________________________

 

 

hereby apply for the membership as the Associate Member-Mediator of Lithuanian Arbitration Association (LAA) and for inserting into the List of LAA Recommended Mediators for resolving international business disputes.

 

 


___________________________                                                                        _____________________________
(Date)                                                                                                                             (Signature)

 

 

 

 

Please return this form:
by post: Gedimino av. 64-63,  LT-01111 Vilnius,  Lithuania or
by  E-mail:  arbitrazas@centras.lt , or 
by fax: (+370) 5 2490948


For contacts:
Tel.: (+370) 5 2496033   
Mobile: (+370) 687 72500
Website: http://www.arbitration.lt 

 

 

 

 


_______________________________