You’re viewing: ADR World Observer > Institutions
Sunday, May 20, 2012
institutionscourtstribunals
ADRworld directoryinstitutions
Contact and services
Formal Name of the Institution:
Center for Dispute Resolution (CEDIRES)
Postal Address:
Château du Bois d’Angre
Bois d’Angre 8
Buvrinnes
7133
Hainaut
Belgium
0476 46 08 74
info@cedires.be
http://www.cedires.be
Bois d’Angre 8
Buvrinnes
7133
Hainaut
Belgium
0476 46 08 74
info@cedires.be
http://www.cedires.be
Scope:
National & International
Branch offices:
Buvrinnes
Language(s):
English, French, Dutch
ADR Services:
Arbitration, Mediation, Mini-Trial
Specialization:
Civil, International, Commercial Family, Intellectual Property, Patent, Real Estate, Construction, Environmental, Financial/Investment, Transportation, Telecommunications, Energy, Hardware/Software, Banking, Utilities, Infrastructures, Import/Export, Corporate, Natural Resources
General information
Founded:
2011
Authorized representative:
Kris Wagner
President
President
CEDIRES is a specialized Center for alternative dispute resolution (ADR).
We end a wide variety of disputes in a charming and peaceful environment.
Taking a dispute to court is usually a burdensome effort: court proceedings very often last for several years, the costs are hardly predictable and can reach sizeable proportions, uncertainty rules for years, the matter shall be analyzed from a legal perspective only, etc.
CEDIRES has been created as a response against the loss of time and money which is often the inevitable consequence of court proceedings. Lengthy and unproductive discussions about all sorts of procedural issues which are not at the heart of the matter, can most often be set aside in ADR proceedings organized by us.
We end disputes swiftly and at acceptable costs (visit our website for more information on costs). Parties benefiting from our services not only avoid the predicament of a lawsuit. Finding an outcome to a dispute which is acceptable for all parties, very often also entails the reestablishment of a business relationship.
We end a wide variety of disputes in a charming and peaceful environment.
Taking a dispute to court is usually a burdensome effort: court proceedings very often last for several years, the costs are hardly predictable and can reach sizeable proportions, uncertainty rules for years, the matter shall be analyzed from a legal perspective only, etc.
CEDIRES has been created as a response against the loss of time and money which is often the inevitable consequence of court proceedings. Lengthy and unproductive discussions about all sorts of procedural issues which are not at the heart of the matter, can most often be set aside in ADR proceedings organized by us.
We end disputes swiftly and at acceptable costs (visit our website for more information on costs). Parties benefiting from our services not only avoid the predicament of a lawsuit. Finding an outcome to a dispute which is acceptable for all parties, very often also entails the reestablishment of a business relationship.
Model clauses and rules
Clauses |
Rules |
| Model Arbitration Clause
Any dispute, controversy or claim arising out of or relating to the conclusion, interpretation or performance of the present Agreement, or the breach, termination or invalidity thereof, shall be definitively settled by arbitration.
The Parties shall have the arbitration conducted in accordance to the Procedural Rules of CEDIRES, by an arbitral tribunal appointed in accordance to the Procedural Rules of CEDIRES. The arbitral tribunal shall be composed of one arbitrator, except (i) if the Parties, after the dispute has arisen, agree to an arbitral tribunal consisting of three arbitrators (ii) if CEDIRES deems that the nature and/or complexity of the matter requires the appointment of three arbitrators. The place of arbitration shall be Bois d'Angre 6-8, 7133 Buvrinnes, Belgium, unless the arbitral tribunal decides otherwise. The language of the arbitration shall be the language of the present Agreement, i.e. English. The applicable legal rules shall be those of Belgian law. The parties hereby waive their right to any form of recourse against an award to any court or other competent authority, insofar as such waiver can validly be made under the applicable law. Clause Type d'Arbitrage
Tous les litiges relatifs à la réalisation, la validité, l’interprétation ou l’exécution de ce contrat seront définitivement réglés par arbitrage.
Les parties conduiront l’arbitrage en vertu du Règlement de Procédure de CEDIRES, par un tribunal arbitral désigné conformément au Règlement de Procédure de CEDIRES (www.cedires.be). Le tribunal arbitral sera composé d’un arbitre, sauf (i) si les parties, après la naissance du différend, s’accordent pour que soit désigné un collège arbitral constitué de trois arbitres; (ii) si CEDIRES estime que la nature et/ou la complexité du litige nécessite un tribunal arbitral composé de trois arbitres. Le siège de la procédure est Bois d’Angre 8, 7133 Buvrinnes, Belgique, sauf si le tribunal arbitral en décide autrement. La langue de l’arbitrage est la langue du présent contrat, c'est-à-dire le français. Les règles juridiques applicables sont ceux du droit belge. Les parties excluent expressément toute action en annulation de la sentence arbitrale, pour autant qu’elles puissent valablement y renoncer en vertu de la loi applicable. Arbitragebeding
Alle geschillen m.b.t. de totstandkoming, geldigheid, interpretatie of uitvoering van deze overeenkomst, zullen definitief beslecht worden door arbitrage.
De partijen zullen de arbitrage laten voeren krachtens het Procedure-Reglement van CEDIRES, door een scheidsgerecht aangeduid overeenkomstig het Procedure-Reglement van CEDIRES (www.cedires.be). De partijen verklaren het Procedure-Reglement van CEDIRES te hebben gelezen en ermee in te stemmen. Het scheidsgerecht zal samengesteld zijn uit één arbiter, tenzij (i) de partijen na het ontstaan van het geding akkoord gaan met een scheidsgerecht samengesteld uit drie arbiters, of (ii) tenzij CEDIRES meent dat gelet op de aard en/of complexiteit van het geschil een scheidsgerecht samengesteld uit drie arbiters aangewezen is. De plaats van de arbitrage is Bois d’Angre 8, 7133 Buvrinnes, België, tenzij het scheidsgerecht er anders over beslist. De taal van de arbitrage zal de taal van onderhavige overeenkomst zijn, bijgevolg het Nederlands. De toepasselijke rechtsregels zijn die van het Belgisch recht. De partijen sluiten uitdrukkelijk de mogelijkheid uit van enige vordering tot nietigverklaring tegen de arbitrale uitspraak, voor zover zulks krachtens het toepasselijke recht mogelijk is. |
 |  English | 0.14MB |  0'1'' |  French | 0.24MB | 0'1'' |  Dutch | 0.23MB | 0'1'' |
Panelists
Please visit our website for additional information regarding our panel of neutrals.
Veuillez visiter notre site Web pour des renseignements supplémentaires au sujet de notre panel de neutres.
Veuillez visiter notre site Web pour des renseignements supplémentaires au sujet de notre panel de neutres.
Other information
HOW WE WORK
1. Methods of dispute resolution
We practice different methods of dispute resolution at CEDIRES, depending on the nature of the dispute and the wishes of the parties.
We focus on arbitration, the most traditional method of ADR, which offers the advantage of a decision being rendered much quicker than through court proceedings, and at the same time, the parties have the certainty that a decision shall actually be rendered (even if they finally do not find a solution agreeable to all of them).
There are considerable similarities between arbitration and court proceedings, except that the person deciding the matter is not a judge appointed by the government. Depending on the nature of the case, it is sometimes possible to opt for arbitration proceedings without assistance (and without the cost) of legal counsel, or with the assistance of technical advisors only.
Mediation is a form of alternative dispute resolution which does have important advantages (a solution agreeable to both parties is more often a solution which is respected by the parties afterwards and which sometimes also enables the parties to continue to do business with each other after the termination of the dispute). However, there’s a serious potential disadvantage: if the parties do not come to a solution agreeable to both of them, the mediation process has failed and has been a mere waste of time.
Hence, we at CEDIRES often opt for the method of “mediation-arbitration”. This entails the certainty that, after a mediation attempt, the dispute shall be ended, if necessary by arbitration. Even in that case, the parties still have the possibility to deviate, if they both agree to that, from the arbitral award. That reduces to zero the chance that the alternative dispute resolution effort would be a mere waste of time. The parties know for a fact that a solution shall be obtained, either because they agree to it, or because it shall be contained in an arbitral award.
You shall find some information about the method of the “mini trial” on the page regarding commercial disputes.
Further details can be found in our Procedural Rules. An additional guarantee that no time can be wasted with discussions regarding the question which formula would be acceptable for both parties, is that we have only one set of Procedural Rules. We do not work with separate rules for arbitration, mediation, mediation-arbitration, mini-trials: our Rules of Procedure apply to all methods of dispute resolution. If, under the circumstances of the matter, mediation or a mini-trial does not stand a chance, or would be unsuccessful, we shall switch to arbitration. Even if the parties fail to agree on anything whatsoever after the dispute has arisen (not even on which method of dispute resolution is to be applied), the dispute shall still be resolved. Using our dispute resolution clause in the contract suffizes.
2. Framing
In order to create an atmosphere favorable to reconciliation, framing can be important. At the seat of CEDIRES, the parties can talk with each other in a comfortable and peaceful environment. At the same time, there are enough rooms and salons available to enable the parties to retreat for consulting and debating in the absence of the opposing party, if wanted with the mediator or mediators (i.e. the so-called “caucus”).
The headquarters of CEDIRES is established at Château du Bois d’Angre, a charming castle about 45 minutes by car south of Brussels (at the border between the towns of Merbes-Sainte-Marie and Buvrinnes).
Away from all traffic jams, parking problems, hassle and noise from the city, the entire environment transpires bucolic peace and quiet.
3. Flexibility - anything is open to discussion: the venue, the time, the pace, the method
Since flexibility is obviously an important notion for each form of alternative dispute resolution, our activities do not necessarily take place at the headquarters of CEDIRES, especially when it is more convenient for both parties to have the dispute resolution process organized elsewhere.
For certain conflicts, it is not even required to bring all the parties in one and the same location. Sometimes the use of modern technology can avoid pointless travelling (online dispute resolution).
Flexibility is not only important to us in terms of venue and physical presence of the parties: we’re flexible also in terms of time. When speed is of the essence to both parties, we are able to provide an ultra-fast dispute resolution process (taking less than 24 hours for disputes of limited complexity).
Sometimes it is preferable to organize talks during the week-ends, in order to avoid the stress and fast pace typical for weekdays. We even encourage mediation sessions during the weekends, because many times the parties find it easier to focus on the settlement of their dispute, without interference with the busy schedules of weekdays.
The method of dispute resolution can be our standard method (in order to exclude any possible discussions of a procedural nature), or can be made to measure according to the requirements of the dispute and the wishes of the parties.
In addition to flexibility in terms of space and time, we’re also flexible in terms of personnel: depending on the nature of the conflict, we examine which (local or international) specialist or team of specialists is most suitable as arbitrator, mediator or mediator-arbitrator.
4. Neutrality (independence and impartiality)
Within CEDIRES, we only work with experienced and highly qualified lawyers, each and every one of them specialists in their respective areas.
The input of non-lawyers can be very valuable. However, when we involve non-lawyers in arbitration proceedings, the arbitral tribunal shall in any case be presided by a lawyer.
Our only concern is to contribute to a swift and correct resolution of disputes.
When the conflicting parties are established in different countries, the possibility exists for the parties, if they so wish, to have the dispute resolution process organized by a team consisting of members of different nationalities.
1. Methods of dispute resolution
We practice different methods of dispute resolution at CEDIRES, depending on the nature of the dispute and the wishes of the parties.
We focus on arbitration, the most traditional method of ADR, which offers the advantage of a decision being rendered much quicker than through court proceedings, and at the same time, the parties have the certainty that a decision shall actually be rendered (even if they finally do not find a solution agreeable to all of them).
There are considerable similarities between arbitration and court proceedings, except that the person deciding the matter is not a judge appointed by the government. Depending on the nature of the case, it is sometimes possible to opt for arbitration proceedings without assistance (and without the cost) of legal counsel, or with the assistance of technical advisors only.
Mediation is a form of alternative dispute resolution which does have important advantages (a solution agreeable to both parties is more often a solution which is respected by the parties afterwards and which sometimes also enables the parties to continue to do business with each other after the termination of the dispute). However, there’s a serious potential disadvantage: if the parties do not come to a solution agreeable to both of them, the mediation process has failed and has been a mere waste of time.
Hence, we at CEDIRES often opt for the method of “mediation-arbitration”. This entails the certainty that, after a mediation attempt, the dispute shall be ended, if necessary by arbitration. Even in that case, the parties still have the possibility to deviate, if they both agree to that, from the arbitral award. That reduces to zero the chance that the alternative dispute resolution effort would be a mere waste of time. The parties know for a fact that a solution shall be obtained, either because they agree to it, or because it shall be contained in an arbitral award.
You shall find some information about the method of the “mini trial” on the page regarding commercial disputes.
Further details can be found in our Procedural Rules. An additional guarantee that no time can be wasted with discussions regarding the question which formula would be acceptable for both parties, is that we have only one set of Procedural Rules. We do not work with separate rules for arbitration, mediation, mediation-arbitration, mini-trials: our Rules of Procedure apply to all methods of dispute resolution. If, under the circumstances of the matter, mediation or a mini-trial does not stand a chance, or would be unsuccessful, we shall switch to arbitration. Even if the parties fail to agree on anything whatsoever after the dispute has arisen (not even on which method of dispute resolution is to be applied), the dispute shall still be resolved. Using our dispute resolution clause in the contract suffizes.
2. Framing
In order to create an atmosphere favorable to reconciliation, framing can be important. At the seat of CEDIRES, the parties can talk with each other in a comfortable and peaceful environment. At the same time, there are enough rooms and salons available to enable the parties to retreat for consulting and debating in the absence of the opposing party, if wanted with the mediator or mediators (i.e. the so-called “caucus”).
The headquarters of CEDIRES is established at Château du Bois d’Angre, a charming castle about 45 minutes by car south of Brussels (at the border between the towns of Merbes-Sainte-Marie and Buvrinnes).
Away from all traffic jams, parking problems, hassle and noise from the city, the entire environment transpires bucolic peace and quiet.
3. Flexibility - anything is open to discussion: the venue, the time, the pace, the method
Since flexibility is obviously an important notion for each form of alternative dispute resolution, our activities do not necessarily take place at the headquarters of CEDIRES, especially when it is more convenient for both parties to have the dispute resolution process organized elsewhere.
For certain conflicts, it is not even required to bring all the parties in one and the same location. Sometimes the use of modern technology can avoid pointless travelling (online dispute resolution).
Flexibility is not only important to us in terms of venue and physical presence of the parties: we’re flexible also in terms of time. When speed is of the essence to both parties, we are able to provide an ultra-fast dispute resolution process (taking less than 24 hours for disputes of limited complexity).
Sometimes it is preferable to organize talks during the week-ends, in order to avoid the stress and fast pace typical for weekdays. We even encourage mediation sessions during the weekends, because many times the parties find it easier to focus on the settlement of their dispute, without interference with the busy schedules of weekdays.
The method of dispute resolution can be our standard method (in order to exclude any possible discussions of a procedural nature), or can be made to measure according to the requirements of the dispute and the wishes of the parties.
In addition to flexibility in terms of space and time, we’re also flexible in terms of personnel: depending on the nature of the conflict, we examine which (local or international) specialist or team of specialists is most suitable as arbitrator, mediator or mediator-arbitrator.
4. Neutrality (independence and impartiality)
Within CEDIRES, we only work with experienced and highly qualified lawyers, each and every one of them specialists in their respective areas.
The input of non-lawyers can be very valuable. However, when we involve non-lawyers in arbitration proceedings, the arbitral tribunal shall in any case be presided by a lawyer.
Our only concern is to contribute to a swift and correct resolution of disputes.
When the conflicting parties are established in different countries, the possibility exists for the parties, if they so wish, to have the dispute resolution process organized by a team consisting of members of different nationalities.
ADR World Directory
Institutions
Your institution’s services within a click of your target audienceRegisteryour institution in
our directory.
Institutions
Your institution’s services within a click of your target audienceRegisteryour institution in
our directory.
ADR World Report
Information | Opinion | Analysis
©1996-2012 ADRResources
The terms and conditions governing the purchase and use of the different services available in this website can be accessed, downloaded and printed from each of the sections containing subscription services.
The terms and conditions governing the purchase and use of the different services available in this website can be accessed, downloaded and printed from each of the sections containing subscription services.
Search powered by ADRResources
