puce_AFA Urgent proceedings

According to article 13 of the AFA Rules Rules any party may request relief
before or after the Arbitral Tribunal has been constituted.

 

This feasibility is all the more appreciated by parties as it is part of the Rules and concerns any relief whatever their typology may be.

The Arbitration Committee implements these proceedings as soon as possible and will do so according to its appreciation of requested relief effect on the merits of the case :

  • if the urgent relief is likely to affect the merits of the case, the Arbitration Committee, without regard to any time limit, constitutes the Arbitral Tribunal and it shall render its award according to urgency.
  • if the urgent relief does not seem to affect the merits of the case, the Arbitration Committee may, without regard to any time limit, appoint a Sole Arbitrator who shall organize urgent proceedings. He or she shall take any appropriate measures whichdoes not affect the merits of the case.

The Arbitral Committee will fix an advance but the payment of it is not required in order to submit the application to the Arbitral Tribunal or Sole Arbitrator.

On the other hand, advance must be paid totally in order for the award to be delivered.