BIR provides its members with an exclusive arbitration service, which offers fast and uncomplicated solutions in the case of legal dispute. Lenghty lawsuits can thus be avoided, saving money and time for all parties involved.

The main condition for qualifying for our arbitration service is that one of the parties is a BIR member company. When both parties agree to submit the case, a special arbitration form has to be filled in. Moreover, a detailed description of the dispute is requested, including the desired result.

The BIR Commodity Divisions have appointed arbitrators who have in-depth knowledge of the industry and previous experience in arbitration cases, and parties can choose amongst the available arbitrators.

Arbitration Rules

Article I

Objectives

It is one of the objectives of the Bureau of International Recycling (BIR) to encourage and assist informal and amicable settlement of business disputes of an international nature between individual or corporate bodies engaged in the Recycling Industry (hereafter known as 'the industry'. Hence the rules of arbitration are focussed on achieving this.

The use of BIR arbitration will be encouraged by the insertion of a clause
in the commercial contract signed by the parties in so far as at least one of
them is a BIR member.

Article II

Panel of Arbitrators

Each BIR Commodity Division, offering such services will appoint individuals engaged in the Industry to act as members of the Panel of Arbitrators for the Division.

The members of each Panel will, whenever possible, be selected in a way to represent the various geographic areas which are covered by BIR. In order to facilitate the procedure of arbitration and the choice of arbitrators, the Division may decide to choose its experts from the members of the Divisional board.

One of the members of each Panel may be designated as Chairman of the Panel. His duty will be to assist the officers and the General Secretariat of BIR in the administration of arbitration activities within the Division. The General Secretary of BIR, or his designee, shall be the Registrar of the arbitration activities of BIR.

The Chairman of the BIR Arbitration committee will be kept informed of any application for BIR Arbitration and of the proceedings and the outcome. He would, when necessary, act as a substitute to the President of the commodity Division concerned during the arbitration procedure.

Article III

Application for Arbitration

Section 1: Under a BIR Arbitration Clause in a Contract
The parties (provided at least one of such parties is a member of BIR) to a written contract providing a clause stating that any commercial dispute shall be arbitrated by BIR and under its rules, may apply for the BIR arbitration by filing with the Registrar a submission for BIR Arbitration, This submission will basically be in the following form: (a) an accurate and concise statement of the matter in controversy, together with a sufficient description of the materials and goods involved to permit their identification by the Arbitrators, (b) the amount of money involved and (c) the solutions sought by the parties.

Section 2: By Special Submission

The parties involved in any business dispute of an international character (provided at least one of such parties is a member of BIR) may apply for an arbitration under the following Rules by filing a submission for BIR arbitration with the Registrar.

This submission will basically be in the following form: (a) an accurate and concise statement of the matter in controversy, together with a sufficient description of the materials and goods involved to permit their identification by the Arbitrators, (b) the amount of money involved and (c) the solutions sought by the parties.

Section 3: Arbitration Fees
The following fees must be paid to BIR in order to cover the administration costs:

 500 US $* per party for an amount of claim up to 10.000 US $*
1000 US $* per party for an amount of claim up to 200.000 US $*
1500 US $* per party for an amount of claim over 200.000 US $*

(* or the equivalent in Euro)

These fees do not cover any additional costs involved by special hearings, samplings, witnesses, secretariat etc.

Article IV

The Arbitrators

Section 1: Number
Unless the parties agree to one single Arbitrator, there shall be three Arbitrators in all cases, one appointed by each party and the third appointed by the two Arbitrators selected by the parties. All Arbitrators shall be chosen from the Panel of Arbitrators, where possible.

Section 2: Qualification
No one can be selected to serve as an Arbitrator in a matter wherein he has a personal or financial interest. The parties may decide however to waive in writing any objections which may exist on such a ground.

Whenever possible, the Arbitrator will not be of the same nationality as one of the parties to the dispute. In the event of a disagreement between, or among, the parties concerning the qualification of an Arbitrator, the President of the concerned BIR Division will decide and his decision shall be final.

Section 3: Official Designation
Whenever the parties to an Arbitration have selected their Arbitrator(s) and have authorized such arbitrator(s) to select a third Arbitrator and should those designated by the parties resign, within a period of seven days after having announced their resignation to the Registrar, the President of the concerned BIR Division shall designate an/the additional Arbitrator(s) who shall act as if he or they had been specifically designated by the parties. The period specified herein for designation of an/other(s) Arbitrator(s) may be extended for any unusual or unavoidable cause either by the Registrar or by the mutual consent of the parties.

Section 4: Designation of Successor Arbitrators
If any Arbitrator resigns, dies, withdraws, refuses or is unable or disqualified to perform his duties, the designation of the remaining Arbitrators shall stand, and the vacancy shall be filled by the President of the concerned BIR division or by the Registrar.

Article V

Procedures

Section 1: Communications
All communications by parties shall preferably be directed, addressed and sent to the Registrar who shall, upon receipt of any communication, furnish copies thereof to all other parties unless decided otherwise. There shall be no communication between the parties or between any party and an Arbitrator other than at oral hearings and as provided for herein.

Section 2: Presentation
The Registrar, after consultation with the Arbitrators designated in any arbitration (if such consultation is necessary or desirable), shall explain the procedures and manner for Submission and Presentation of evidence in support of each party's claim and all other Rules for the proper conduct of each arbitration.

Section 3: Conduct of Arbitration
As from the beginning of arbitration, the Arbitrators shall, considering the nature of the Submission, determine whether the arbitration can be conducted simply on the basis of written proof without hearings. The Arbitrators shall notify the parties of their decision.

Section 4: Hearings
If (a) all the parties to a dispute shall be domiciled in Europe, or (b) if all the parties to a dispute shall be domiciled in North America, the Registrar may fix the time and place of hearings as shall be necessary. In the event that the parties shall be domiciled otherwise than as set forth above and the Arbitrators shall determine that hearings are necessary, the Registrar shall notify the parties of such determination and of the expenses involved for transportation and attendance of the Arbitrators, and shall require a pre-payment of such expenses in equal shares by the parties prior to the hearings. If any party shall object to payment of his share of the expenses, the President of the concerned BIR division will be notified and he will, upon investigation, determine whether the objection is put forward in all honesty and in good faith. If he so finds, he shall declare the arbitration proceedings aborted and discontinued, and the parties shall be restored to all of their rights. If the President finds the objection not to be put forward in good faith, he may decide what is fair and equitable. Expenses of witnesses shall be borne by the party calling such witnesses.

Section 5: Representation by a Counsel
Any party may be represented by a counsel. A party intending to be so represented, shall notify the Registrar thereof.

Section 6: Witnesses and Evidence
Each party shall have the privilege of calling witnesses to support his case. The Arbitrators may require witnesses to testify under oath administered by any duly qualified person. The Arbitrators may receive and consider the evidence of witnesses by affidavit. If a witness shall be called to testify orally, he shall submit to questions or other examination by other parties.
All evidence on hearings shall be taken in the presence of all the Arbitrators and of all the parties, except where any of the parties is absent, in default or has waived his right to be present.
No record of hearings shall be taken unless specifically requested by a party, and no minutes shall be transscribed unless so requested.
If a secretary is employed, the expense for this service shall be paid by the party requesting it or by the party against whom an award is rendered, or otherwise as ordered by the Arbitrators or agreed by the parties. A deposit shall be made with the Registrar in advance by the party or parties requesting secretarial services to cover the estimated amount of such expense.

Section 7: Attendence at Hearings
Only the parties to the arbitration, their counsels, the Registrar and any other persons required by the Arbitrators, may be present at any of the hearings. The Arbitrators may require the withdrawal of any witness or witnesses during the testimony of other witnesses.

Section 8: Language
Each arbitration shall be carried on in one of the official languages of BIR, provided, however, that any witness may testify in the language of his choice. Should such testimony require the services of an interpreter, the expenses of such interpreter shall be borne by the party calling such witness or in some other manner as may be determined by the Arbitrators.

Section 9: Inspection of Materials
The Arbitrators may require the parties to submit samples of the materials or other property involved in the arbitration and may request the parties to agree, within such time in advance of the hearing as the Arbitrators may prescribe; upon a number of representative samples. Failing such agreement, the Arbitrators may cause samples to be obtained in any manner they deem proper.

The Arbitrators may also cause tests, samplings or examinations of materials to be made by experts or other persons selected by them, and testimony with regard to such tests may be offered at the hearings.

Inspection of materials or other property elsewhere than at the hearings shall not be made by the Arbitrators except with the prior written consent of all of the parties, and in the presence of all the Arbitrators.

Section 10: Arguments and Briefs
Upon the conclusion of the hearings or if the arbitration is conducted on written proof, the parties may submit written arguments or briefs on or before such dates and in such manner as the Arbitrators shall determine. Upon receipt of statements, documents and briefs, the Registrar shall forthwith submit a copy thereof to all other parties, and each shall have the right to make one reply thereto. If a party shall fail to make such reply within the time fixed by the Registrar, it shall be deemed that they have waived the right of reply.

Section 11: Adjournments
The Arbitrators, or a majority of them, may postpone or adjourn any step of the proceedings or any of the hearings whenever necessary upon application of a party for good cause shown or upon their own motion.

Section 12: Arbitration and Award in the Absence of a Party
Unless any national or supranational law provides to the contrary, the arbitration shall proceed in the absence of any party at a hearing of which he has been properly notified under these Rules. An award shall not be made solely on the default of a party, but the Arbitrators shall require the other party or parties to submit such evidence as the Arbitrators may require for the making of an award.

Section 13: The File
All communications, documents, exhibits, memoranda, arguments, briefs and all other material and a signed copy of the Award, shall constitute the file which shall at all times be under the control of the Registrar, and upon the conclusion of the proceedings, shall be deposited with the Registrar as a part of the records of BIR.

Article VI

The Award

Section 1: Time
The award of the Arbitrators shall be made promptly and (unless otherwise agreed by the parties, or specified by any national or supranational law) within ninety (90) days after the hearings or proceedings have been completed and the Arbitrators have declared the proceedings closed. If no award has been made within the time specified, the officers of the Arbitrators shall be declared vacant by the President of the concerned BIR division and the parties will be immediately notified of such declaration; in such event (a) new arbitrator(s) shall thereupon be selected or designated in such manner as the President of the concerned BIR Division may perscribe, and such new Arbitrators shall proceed to consider and determine the controversy as if no hearings had therefore taken place (except, however, that upon the written agreement of all the parties, such new Arbitrators may consider and determine the matter upon the whole case as submitted to the former Arbitrators).

Section 2: Form and Delivery
An award by a majority of the Arbitrators shall be valid unless the concurrence of all of them is expressly required by the parties. The award shall be made in writing, subscribed in triplicate by a majority of the Arbitrators, and the three counterparts filed with the Registrar, who shall immediately mail a copy to each party or his attorney. This mailing shall constitute and be accepted by the parties as the legal delivery of the award to the parties.

Section 3: Scope
The award shall determine all the controversies or claims submitted to arbitration. The award may require specific performance of a contract and/or the acceptance or replacement of materials or other property involved in the arbitration, and/or fix allowances for materials which failed to comply with specifications, and/or award money damages, and/or grant any other different or similar relief or remedy which the Arbitrators may deem just and equitable.
Where an award which is not only for money has not been complied with within the time specified in the award (or, where no time is specified, within a reasonable time), the party in whose favour the award was rendered may file with the Registrar, in triplicate, a Notice of said Default. The Registrar shall mail a copy of said notice to the party in default, who shall have seven (7) days, from the date of mailing of said copy to him, to file an Answering Statement in triplicate with the Registrar. A copy of said Answering Statement shall be mailed by the Registrar to the other party.

The Notice of Default, and the Answering Statement, shall be submitted by the Registrar to the Arbitrators, who may make a supplemental award for the money only, their powers as Arbitrators being extended for such purpose.

Section 4: Interest upon Award
In the Absence of express provision to the contrary, interest shall be chargeable on an award from the date thereof and up to the time when the award is satisfied. The interest rate will be fixed according to the rate generally applicable at the time of the award, unless it has been fixed otherwise by the Arbitrators.

Section 5: Award upon Settlement
If the parties settle their dispute during the course of the arbitration, the Arbitrators, upon the Parties request, may set forth the terms of the agreed settlement in an award.

Article VII

Interpretation

Arbitrators shall apply these Rules in the manner to obtain a just and speedy determination of the dispute. Whenever a difference arises among the Arbitrators concerning the interpretation of these Rules or concerning any matter not specifically covered therein, the question shall be referred to the President of the concerned BIR division and his decision shall be final.

Article VIII

Special Rules

Whenever in the opinion of the President of the BIR division, or the Registrar, or of a majority of the Arbitrators, the Rules herein are not fully applicable, or whenever an unusual or unforeseen situation arises, the President of the BIR division, on application of the Arbitrators, may, in his judgement, after consultation with the Arbitration Committee of BIR, adopt Special Rules to cover such conditions and to apply in the particular case only.

Article IX

Waiver of Rules

Any party who proceeds with the arbitration with the knowledge that any provision or requirement of these Rules has not been complied with and who fails to file a written objection thereto with the Registrar, shall be deemed to have waived his right to object.

Article X

Service of Notices

Each party to an arbitration under these Rules shall be deemed to have consented that any papers, notices or procedures, necessary or suitable for the initiation or continuation of an arbitration under these Rules and for the entry of judgement on an award made thereunder, may serve upon such party (a) by mail addressed to such party or his attorney at his last known address, or (b) by personal service, provided that a reasonable opportunity to be heard with regard thereto has been granted to such a party.

Article XI

Judgement of Award

The parties to any arbitration proceeding under these Rules shall be deemed to have consented that a judgement upon the award shall be entered in the courts of the place where the arbitration proceedings were held or in any court having jurisdiction over the party against whom the award is entered.