Paris Court of International Arbitration (PCIA) Mediation Rules

Preamble

Where parties have mutually agreed for the mediation of existing or prospective disputes to be conducted under the auspices of the Paris Court of International Arbitration (PCIA), such agreement shall signify their consent for the mediation to proceed in accordance with the following rules (hereinafter, the “PCIA Mediation Rules”). This includes any amended versions of these Rules that the PCIA may adopt and which become effective prior to the commencement date of the mediation. The PCIA Mediation Rules incorporate the Schedule of Mediation Costs (referred to as the “Schedule”) that is in force at the time the mediation commences, as periodically revised by the PCIA.

Article 1: Initiating Mediation – Pursuant to a Pre-Existing Agreement

1.1 Should a prior agreement exist for mediation under the PCIA Mediation Rules (a “Prior Agreement”), any party or parties desiring to initiate a mediation shall submit a written Request for Mediation (the “Request”) to the Registrar of the PCIA Court (the “Registrar”). This Request must briefly outline the nature of the dispute and the monetary value of the claim. It should also include, or be accompanied by, a copy of the Prior Agreement, along with the full names, nationalities, and complete contact particulars (including email address, postal address, and telephone number) of all parties to the mediation, their authorized representatives (if any), and any proposed mediator(s) by the requesting party or parties.

1.2 The Request for Mediation, including all supporting documentation, must be transmitted to the Registrar electronically, in compliance with Article 3.1 of these PCIA Mediation Rules.

1.3 If the Request for Mediation is not submitted jointly by all parties to the Prior Agreement, the party initiating the Request shall simultaneously dispatch a copy of the Request for Mediation to the other party or parties.

1.4 The Request for Mediation must be accompanied by the registration fee stipulated in the Schedule. Failure to remit this fee will result in the non-registration of the Request for Mediation.

1.5 In cases where a Prior Agreement exists, the mediation shall be deemed to have commenced on the date the Registrar receives the Request for Mediation, provided the PCIA has also received the requisite registration fee. If the registration fee is received at a later date, the mediation shall, for all purposes, be considered to have commenced on the actual date of the PCIA’s receipt of the registration fee.

1.6 The PCIA Court shall endeavor to appoint a mediator as expeditiously as practicable following the commencement of the mediation. Due consideration will be given to any nomination, or method or criteria of selection, agreed upon in writing by the parties, and always subject to the provisions of Article 9 of these PCIA Mediation Rules.

Article 2: Initiating Mediation – In Absence of a Prior Agreement

2.1 Where no Prior Agreement for mediation exists, any party or parties wishing to commence a mediation under the PCIA Mediation Rules shall submit a Request for Mediation to the Registrar. This Request must concisely describe the nature of the dispute and the claim’s value, and should include, or be accompanied by, the full names, nationalities, and comprehensive contact details (including email address, postal address, and telephone number) of the parties involved in the mediation, their authorized representatives (if any), and any mediator proposed by the requesting party or parties.

2.2 The Request for Mediation, along with all accompanying documents, must be submitted to the Registrar in electronic format, in accordance with Article 3.1 of these PCIA Mediation Rules.

2.3 The Request for Mediation must be accompanied by the registration fee specified in the Schedule. Without this fee, the Request for Mediation will not be registered.

2.4 If the Request for Mediation is not jointly submitted by all parties to the dispute: (i) The party seeking to initiate the mediation shall, concurrently, send a copy of the Request for Mediation to the other party or parties; and (ii) The other party or parties shall, within 14 days of receiving the Request for Mediation, inform the Registrar in writing whether or not they consent to the mediation of the dispute.

2.5 Should the other party or parties decline mediation, or fail to agree to mediation within the 14-day period specified in Article 2.4(b), the mediation under the PCIA Mediation Rules shall not proceed, and the Registrar shall provide written notification of this outcome to all parties.

2.6 In the absence of a Prior Agreement, the mediation shall be deemed to have commenced, subject to the PCIA’s receipt of the registration fee in accordance with Article 2.3, on the date that agreement to mediate is reached pursuant to Article 2.4(b).

2.7 The PCIA Court shall appoint a mediator as expeditiously as practicable after the commencement of the mediation, giving due regard to any nomination, or method or criteria of selection, agreed upon in writing by the parties, and always subject to the provisions of Article 9 of these PCIA Mediation Rules.

Article 3: Written Communications

3.1 The party initiating the mediation shall transmit the Request for Mediation to the Registrar in electronic form, as stipulated in Article 1.2 or 2.2 of the PCIA Mediation Rules, either via email or other electronic means, including any electronic filing system operated by the PCIA. Prior written authorization from the Registrar, acting on behalf of the PCIA Court, must be obtained for submitting the Request for Mediation by any alternative method.

3.2 Unless otherwise directed by the PCIA Court or the mediator, all written communications shall be conducted electronically. It is incumbent upon the sender to inform the Registrar or the mediator of any reason why the communication may not be successfully received by the intended party, including any electronic delivery failure notifications.

3.3 Each party shall inform the Registrar, the mediator, and all other parties as soon as reasonably practicable of any alterations to its full name and contact details (including email address, postal address, and telephone number) or to those of its authorized representatives.

Article 4: Appointment of Mediator

4.1 Prior to their appointment by the PCIA Court, in accordance with Article 1.6 or Article 2.7, the prospective mediator shall furnish the Registrar with a concise written summary detailing their qualifications and professional positions (both current and past). The candidate shall also formally agree in writing to fee rates that conform to the Schedule. Furthermore, the candidate shall sign a written declaration affirming: (i) whether any circumstances currently known to the candidate could reasonably give rise to justifiable doubts regarding their impartiality or independence in the mind of any party, and if so, providing a full specification of such circumstances within the declaration; and (ii) whether the candidate is prepared, willing, and capable of dedicating sufficient time, diligence, and industry to ensure the expeditious and efficient conduct of the mediation. The candidate shall promptly provide this agreement and declaration to the Registrar. A copy of the mediator’s summary and declaration shall be provided to all parties.

4.2 In instances where the mediator has made a disclosure pursuant to Article 4.1, or where a party independently becomes aware of circumstances that could reasonably give rise to justifiable doubts concerning the mediator's impartiality or independence, any party shall be entitled to object to their appointment. In such an event, the PCIA Court shall proceed to appoint an alternative mediator.

Article 5: Statements by the Parties

5.1 The parties are at liberty to agree upon the method and format for informing the mediator of their respective cases. However, unless they have agreed otherwise, each party shall submit to the mediator, no later than 7 days prior to the date mutually agreed between the mediator and the parties for the first scheduled mediation session, a concise written statement summarizing its case, the background to the dispute, and the issues requiring resolution.

5.2 Each written statement should be accompanied by copies of any documents referenced therein.

5.3 Each party shall, concurrently, provide a copy of its written statement and supporting documents to the other party or parties.

Article 6: Conduct of the Mediation

6.1 The mediator is authorized to conduct the mediation in any manner deemed appropriate, consistently considering the specific circumstances of the case and the preferences of the parties.

6.2 The mediator may engage with the parties orally or in writing, either collectively or individually. The mediator may also convene meetings in person at a location to be determined by the mediator, or virtually via conference call, videoconference, or other communication technologies (or a combination thereof), following consultation with the parties.

6.3 Any information communicated to the mediator in private during the course of the mediation shall not be disclosed to the other party or parties without the explicit consent of the party making the communication.

6.4 Each party shall inform the other party and the mediator of the number and identities of individuals who will attend any meeting (whether in person, virtually, or in a combined format) convened by the mediator.

6.5 Each party shall designate a representative who possesses the authority to settle the dispute on behalf of that party, and shall provide written confirmation of this authority.

6.6 Unless otherwise mutually agreed by the parties, the mediator shall determine the language(s) in which the mediation proceedings will be conducted.

Article 7: Conclusion of the Mediation

The mediation process shall conclude upon the occurrence of any of the following events:

(i) A settlement agreement is duly signed by all parties, in accordance with Article 8; or (ii) The parties jointly inform the mediator that, in their view, a settlement cannot be achieved and express their desire to terminate the mediation; or (iii) The mediator advises the parties that, in his or her professional judgment, the mediation process is unlikely to resolve the issues in dispute; or (iv) The time limit for mediation stipulated in a Prior Agreement has expired, and the parties have not agreed to extend this timeframe.

Article 8: Settlement Agreement

8.1 Should the parties reach an agreement on terms to resolve the dispute, they shall, with the mediator’s assistance, draft and execute a settlement agreement outlining these terms, if so requested by the parties.

8.2 By affixing their signatures to the settlement agreement, the parties unequivocally agree to be bound by its provisions.

8.3 Unless the parties mutually agree otherwise, the settlement agreement may be signed electronically and/or in counterparts, which can subsequently be assembled into a single unified instrument.

Article 9: Costs

9.1 The costs associated with the mediation shall encompass the mediator’s fees and expenses, any time reserved but not utilized, and the administrative charges and expenses of the PCIA, as delineated in the Schedule (collectively, the “Costs”). The parties shall be jointly and severally liable to the PCIA and the mediator for these Costs.

9.2 As expeditiously as feasible following the commencement of the mediation, the PCIA will request the parties to make a payment to the PCIA (the “Advance Payment for Costs”) to secure the payment of the Costs as per Article 9.1. This payment shall be made in equal shares, or in such other proportions as the parties have mutually agreed upon in writing. The Advance Payment for Costs may be utilized by the PCIA to cover any component of the Costs (including the PCIA’s own administrative charges and expenses) in accordance with the PCIA Mediation Rules.

9.3 The Advance Payment for Costs shall constitute the property of the PCIA, to be disbursed or otherwise applied by the PCIA in accordance with the PCIA Mediation Rules and invested with due regard for the interests of the PCIA. The parties acknowledge that the PCIA shall not act as a trustee, and its sole obligation to the parties concerning the Advance Payment for Costs shall be to act in conformity with the PCIA Mediation Rules.

9.4 Should a party fail to remit its share of the Advance Payment for Costs, another party may make an additional Advance Payment for Costs equivalent to the outstanding amount to allow the mediation to proceed.

9.5 A mediator shall not be appointed, and the mediation shall not commence, unless and until the Advance Payment for Costs has been remitted in full, except under exceptional circumstances.

9.6 In the event that a mediator is not appointed and the mediation does not proceed, and the mediation was initiated pursuant to Article 1.5 or Article 2.6 of the PCIA Mediation Rules, the PCIA shall invoice the parties for its administrative fees and expenses, requiring immediate payment by the parties in equal shares, or in such other proportions as they may have agreed in writing.

9.7 Should a mediator not be appointed, and the mediation does not proceed due to the operation of Article 2.5 of the PCIA Mediation Rules, the PCIA shall invoice the party or parties that requested the mediation for its administrative charges and expenses, requiring immediate payment.

9.8 In the event that a mediator is appointed and the mediation proceeds: (i) Upon the conclusion of the mediation, the PCIA Court shall determine the total Costs. (ii) If the Advance Payment for Costs exceeds the determined Costs, the surplus amount shall be transferred by the PCIA to the parties in proportions mutually agreed upon in writing, or, absent such agreement, in the same proportions and to the same parties as the Advance Payment for Costs was originally remitted to the PCIA. (iii) If the Costs exceed the Advance Payment for Costs, the deficit will be invoiced for immediate payment by the parties in proportions mutually agreed upon in writing, or, absent such agreement, in such proportions as the PCIA Court may determine.

9.9 The PCIA will undertake reasonable efforts to contact the parties to arrange for the transfer of any excess amount, utilizing the contact details provided to the PCIA during the mediation. If a response is not received from a contacted party within 30 days, the PCIA will issue written notice of its intention to retain the excess amount. Should no response be received within a further 60 days, the party shall be deemed to have irrevocably waived any right to claim or receive the excess amount.

9.10 Any other costs incurred by the parties, whether related to legal fees, expert fees, or expenses of any other nature, shall not constitute part of the Costs for the purposes of the PCIA Mediation Rules.

Article 10: Compliance

10.1 All dealings between a party and the PCIA shall be subject to any requirements applicable to that party or the PCIA concerning bribery, corruption, terrorist financing, fraud, tax evasion, money laundering, and/or economic or trade sanctions (collectively, "Prohibited Activity"). The PCIA will engage with any party on the understanding that such party is in full compliance with all such requirements.

10.2 The PCIA reserves the right to decline to act on any instruction and/or to accept or make any payment if the PCIA determines (in its sole discretion and without obligation to state reasons) that doing so may involve Prohibited Activity, or breach any law, regulation, or other legal duty applicable to it, or that such action might otherwise expose the PCIA to enforcement action or censure from any regulatory or law enforcement agency.

10.3 The parties agree to furnish the PCIA with any information and/or documents reasonably requested by the PCIA for the purpose of ensuring compliance with laws pertaining to Prohibited Activity. The PCIA may undertake any action it deems appropriate to fulfill its applicable obligations related to Prohibited Activity, including the disclosure of any information and documents to courts, law enforcement agencies, or regulatory authorities.

Article 11: Judicial or Arbitral Proceedings

Unless they have mutually agreed otherwise, and notwithstanding the ongoing mediation, the parties retain the right to initiate or continue any judicial proceedings or arbitration in respect of the dispute that is the subject of the mediation.

Article 12: Confidentiality and Privacy

12.1 All mediation sessions shall be private, with attendance restricted to the mediator, the parties, and those individuals whose presence has been identified pursuant to Article 6.4.

12.2 The entirety of the mediation process, including all negotiations, statements, and documents prepared for the purposes of the mediation, shall be treated as confidential and protected by "without prejudice" or negotiation privilege.

12.3 The mediation shall be strictly confidential. Unless mutually agreed among the parties, or mandated by law, neither the mediator nor the parties may disclose to any person any information concerning the mediation or any terms of settlement, or the outcome of the mediation.

12.4 All documents or other information produced for or arising in relation to the mediation will be privileged and shall not be admissible as evidence or otherwise discoverable in any subsequent litigation or arbitration, with the exception of any documents or information that would, in any event, be admissible or discoverable in such proceedings.

12.5 No formal record or verbatim transcript of the mediation proceedings shall be maintained.

12.6 The parties shall refrain from relying upon, or introducing as evidence in any judicial or arbitral proceedings, any admissions, proposals, or views expressed by the parties or by the mediator during the course of the mediation.

Article 13: Data Protection

13.1 Any processing of personal data undertaken by the PCIA is subject to applicable data protection legislation. The PCIA’s comprehensive data protection notice is accessible on the PCIA website.

13.2 Following their appointment, the mediator shall, in consultation with the parties and, where appropriate, the PCIA, assess the suitability of adopting: (i) Specific information security measures to safeguard the physical and electronic information exchanged during the mediation; and (ii) Appropriate means to address the processing of personal data generated or exchanged in the mediation, in light of applicable data protection or equivalent legislation.

13.3 The PCIA and the mediator may issue directives concerning information security or data protection. Such directives shall be binding upon the parties, and in the case of those issued by the PCIA, also upon the mediator, subject always to the mandatory provisions of any applicable law or rules of law.

Article 14: Limitation of Liability and Jurisdiction Clause

14.1 Neither the PCIA (including its officers, members, and employees), nor the PCIA Court (including its President, Vice Presidents, Honorary Vice Presidents, former Vice Presidents, and members), nor the PCIA Board (including any board member), nor the Registrar (including any deputy Registrar), nor any mediator shall incur liability to any party whatsoever for any act or omission connected with any mediation conducted by reference to the PCIA Mediation Rules, save only: (i) where the act or omission is demonstrably proven by that party to constitute conscious and deliberate wrongdoing committed by the body or person alleged to be liable to that party; or (ii) to the extent that any portion of this provision is prohibited by any applicable law.

14.2 Upon the conclusion of the mediation, neither the PCIA (including its officers, members, and employees), nor the PCIA Court (including its President, Vice Presidents, Honorary Vice Presidents, former Vice Presidents, and members), nor the PCIA Board (including any board member), nor the Registrar (including any deputy Registrar), nor the mediator shall be under any legal obligation to provide any statement to any person concerning any matter related to the mediation. Furthermore, no party shall seek to compel any of these bodies or persons to act as a witness in any legal or other proceedings arising from the mediation.

14.3 Any party agreeing to mediation under or in accordance with the PCIA Mediation Rules irrevocably consents that the courts of England and Wales shall possess exclusive jurisdiction to hear and determine any action, suit, or proceedings between that party and the PCIA (including its officers, members, and employees), the PCIA Court (including its President, Vice Presidents, Honorary Vice Presidents, former Vice Presidents, and members), the PCIA Board (including any board member), the Registrar (including any deputy Registrar), and/or any mediator which may arise out of or in connection with any such mediation. For these purposes, each party irrevocably submits to the jurisdiction of the courts of England and Wales.