MONACO Law and Practice Contributed by: Stephan Pastor, Emeline Elbaz-Mondeux, Daniel Goldenbaum and Xavier Widawski, CMS Monaco
12.3 ADR Institutions See 12.1 Views of ADR Within the Country .
when awarding costs. In consideration of these factors, they may also decide to not award costs. 11.3 Interest Awarded on Costs See 11.2 Factors Considered When Awarding Costs . 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country For most civil and commercial matters, alterna- tive dispute resolution (ADR) is not established nor required by procedural texts. For example, there is no obligation to seek an amicable solu- tion before initiating a dispute. In practice, lawyers ( avocats ) are key players in the amicable resolution of disputes. As part of their mandate and in the interests of their clients, they can negotiate to reach a settlement agree- ment. Communications between Monegasque avocats are covered by legal privilege, which facilitates the smooth running of negotiations. Note that in specific areas ADR attempts may be mandatory. For example, in collective labour dis- putes, a conciliation and arbitration procedure is mandatory. Please note that in divorce proceed- ings the mandatory conciliation phase (the first step for a divorce) is overseen by a judge. A pending draft bill on company law provides for the creation of a conciliation procedure for debtors engaged in commercial or craft activities who are experiencing legal, economic or finan- cial difficulties. 12.2 ADR Within the Legal System See 12.1 Views of ADR Within the Country .
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration The Code of Civil Procedure contains rules for local arbitration, though they are not often used. An arbitration agreement may be concluded before the arbitrators are chosen, or in a deed drawn up before a notary or under private sig- nature. It shall specify the issues covered by it and the names of the arbitrators. The number of arbitrators must be an odd number. During arbitration, the arbitrators cannot be removed, except by unanimous agreement of the parties. The parties and the arbitrators shall, in the course of the proceedings, observe the time limits and forms laid down for the courts, unless the parties have agreed otherwise in the arbitra- tion agreement. Each party shall be required to submit its defence and evidence at least 15 days before the expiry of the time limit of the arbitration agreement, and the arbitrators shall rule on what has been sub - mitted. The arbitrators shall decide according to the rules of law, unless the arbitration agreement requires them to decide as amiables composi- teurs . 13.2 Subject Matters Not Referred to Arbitration In civil and commercial matters, any person may agree to submit to arbitration the rights that they are free to dispose. In commercial matters, they
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