1. The
CAM exercises its functions through a General
Council and the Secretary General.
2. The General Council shall be composed
of the number of members determined by the
Shareholders’ Meeting of the CAM and
shall be assisted by a Secretary General
appointed by the Board of Directors of the
CAM. The Secretary General will preside
over the Secretariat of the CAM.
3. The Chairman of the General Council shall
be the person designated by its members
from among themselves.
Article
2. Functions of the General Council
The
General Council’s functions pursuant
to these Rules are:
1. to
verify the prima facie existence of the
arbitration agreement;
2. to appoint, replace, and substitute arbitrators;
3. to approve the Terms of Reference drafted
by the Arbitral Tribunal;
4. to approve the award rendered by the
Arbitral Tribunal;
5. to approve the corrections and interpretation
made to the award;
6. to fix the fees of the arbitrators and
the administrative expenses of the CAM;
and
7. any others which might be necessary for
the fulfillment of its obligations.
Article
3. Functions of the Secretary General
The
Secretary General’s functions pursuant
to these Rules are:
1. to
confirm arbitrators designated by the parties;
2. to fix the place of arbitration;
3. to extend the procedural time limits
when the Rules allow it;
4. to fix the amount of the deposit to cover
the arbitration expenses;
5. to
readjust the amount of the deposit of to
cover the arbitration expenses;
6. to suspend the proceedings;
7. to certify true copies of the awards;
8. to contribute to the carrying through
of the arbitration proceeding without delay;
9. to interpret the Rules of Arbitration
of the CAM; and
10. any others which might be necessary
for the fulfillment of his obligations.
Article 4. Sessions of the General
Council
1. The
General Council shall hold its sessions
with the frequency and on the date determined
by its Chairman.
2. In the absence of the Chairman, the member
designated by him shall preside the sessions
of the General Council.
3. The
deliberations of the General Council shall
be valid when at least 3 of its members
or substitutes are present.
4. The decisions of the General Council
are taken by a majority vote, the Chairman
having a casting vote in the event of a
tie.
Article
5. Confidentiality
1. The
confidential character of the activities
of the General Council shall be respected
by all its members, by the Secretary General
and by all those who assist him.
2. Shall only be present at the sessions
of the General Council its members, the
Secretary General and the personnel of the
Secretariat of the CAM.
3. Both the documents submitted to the CAM
and those produced by the Secretariat of
the CAM shall be communicated exclusively
to the members of the General Council and
the Secretary General.
4. Under no circumstances shall the divulgation
of the writings, notes, communications and
other documents presented by the parties
during the arbitration proceedings be authorized.
Article 6. Conflicts
1. The
members of the General Council, the Secretary
General and the members of the Secretariat
of the CAM may not act as arbitrators or
as counsel in any cases submitted to CAM
arbitration.
2. When the Chairman, any of the members
of the General Council or any of the members
of the Secretariat of the CAM are involved,
in any capacity whatsoever, in proceedings
pending before the CAM, they must inform
the Secretary General immediately. They
must refrain from participating in the discussions
or decisions taking place at the General
Council concerning the proceedings and must
be absent from the session whenever the
matter is considered. The persons interested
pursuant to the terms of this paragraph
shall not receive any information pertaining
to the proceedings in question.
Arbitration Center of Mexico (CAM)
Tecnológico de Monterrey, Campus Santa Fe
Av. Carlos Lazo No. 100, Edificio Aulas 1, Nivel 5,
Col. Santa Fe, México, D.F., C.P. 01389
Tel. (5255) 9177-8198, Fax. (5255) 9177-8199
E-mail: camex@camex.com.mx
The information used in this website must only be considered as a guide and not as an advisory, opinion or criteria of CAM.