By Ministerial Order no. 8294/97, of 29 September (Diário da República, 2nd Series, of 29 September 1997) the CEU- Universidade Autónoma was authorized to create an Institutional Arbitration Centre, with generic competence and national law, whose Statutes, Rules of Procedure, Rules of Costs and List of Arbitrators must now be updated.
Under that authorization:
ARBITRATION CENTER BYLAWS
AUTONOMOUS UNIVERSITY OF LISBON
(Scope and headquarters)
- The Arbitration Center of the Universidade Autónoma de Lisboa (CAUAL), hereinafter referred to as the Arbitration Center, is the arbitration institution through which the Cooperativa de Ensino Universitário – Universidade Autónoma de Lisboa promotes and carries out institutionalized voluntary arbitrations for which it is legally authorized, as well as performs services related to voluntary arbitration.
- The Arbitration Center is headquartered at the University Teaching Cooperative – Universidade Autónoma de Lisboa at Rua de Santa Marta, n.º 56, 1169-023 Lisbon.
The purpose of the Arbitration Center is to promote the resolution, of a general nature, of any national or international dispute over property or non-property interests, provided that the parties can conclude a transaction on the disputed right.
- The Arbitration Center is managed by the Arbitration Council, composed of a President and two Vice-Presidents, appointed by the CEU Board, and the appointment must be made by persons of recognized merit, suitability and technical and personal qualifications suitable for the exercise of such functions.
- The term of office of the members of the Arbitration Board is three-yearly and renewable.
- It is incumbent upon the Arbitration Board to:
- The. Prepare and submit for approval by the CEU, in accordance with the legal framework, the arbitration and costs regulations, as well as the respective amendments;
- B. Prepare and submit the List of Arbitrators of the Arbitration Center for approval by the CEU;
- ç. To prepare and submit for approval by the CEU the general guidelines for the administration of the Arbitration Center and, in particular, the annual plan of activities;
- d. Prepare and submit, annually, for approval by the CEU, the budget and accounts of the Arbitration Center;
- and. Promote studies, courses, congresses, seminars and publications related to mediation and arbitration activities;
- f. Appoint the Executive Director on the proposal of the President;
- g. Appoint the secretary of the Arbitration Center on the proposal of the President;
- H. Perform all acts necessary or convenient for the proper functioning of the Arbitration Center that, by the present statutes or by the regulations in force, are not the responsibility of the Secretary.
- The Arbitration Board will meet, ordinarily, once a year and, extraordinarily, whenever it is convened by its Chairman, on his own initiative, at the request of any of its members or the Executive Director.
- The members of the Arbitration Council may in no case exercise the functions of arbitrators or representatives of the parties in proceedings that run under their terms at the Arbitration Center.
(Delegation of powers of the Arbitration Board)
- The Arbitration Board may delegate to any of its members the competence to exercise one or more of its attributions.
- The delegation must be included in minutes that define its scope and limits.
(Power of the Chairman of the Arbitration Board)
- It is incumbent upon the Chairman of the Arbitration Board:
- The. Represent the Arbitration Center in its external relations;
- B. Represent the Arbitration Center before the CEU, participating in its meetings when called;
- ç. Convene and direct the meetings of the Arbitration Board;
- d. Promote the enforced collection of costs related to arbitrations entrusted to the Arbitration Center;
- and. Exercise the other powers assigned to it.
- The Chairman of the Arbitration Board may, by means of a simple written communication or recorded in the minutes, delegate his attributions to any of the Vice-Chairmen.
- In his absence or impediment, the Chairman of the Arbitration Board is replaced by one of the Vice-Chairmen, to be defined in the Appointment Order.
The Arbitration Center is headed by an Executive Director, appointed by the Arbitration Council, after consultation with the CEU, who is specifically responsible for:
- a) Coordinating the execution of the tasks necessary for the good technical, administrative, financial and procedural management of the Centre;
- b) Ensuring the functions of welcoming and informing users of the Arbitration Center, as well as the handling of cases brought by users, with a view to instructing and monitoring mediation, conciliation and possible processing before the arbitration court;
- c) Exercise the other powers assigned to it by the Arbitration Board.
- The Arbitration Centre, the Board and the Executive Director are assisted by a Secretary.
- The Secretary is responsible, in particular, for ensuring the technical, documentary, promotional and administrative services essential for the operation of the Arbitration Centre.
(list of referees)
- The Secretary of the Arbitration Center will have a list of persons who may be assigned the functions of arbitrator, under the terms of the Arbitration Rules.
- The List of Arbitrators may only include fully capable individuals who, due to their experience and professional, scientific or technical qualifications, offer guarantees of suitability for the exercise of their respective functions.
- The list of arbitrators will be periodically updated.
(Duty of secrecy)
All persons who, in the exercise of their functions, have contact with pending or judged cases at the Arbitration Center are subject to the duty of secrecy.