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Cimeda, for companies seeking a modern and controlled approach to justice

The International Court of Mediation and Arbitration (Cimeda) is an institution based on the economic realities of the 21st century and a procedure developed by professionals for professionals (Justice des Pairs). With its headquarters in Geneva and its General Directorate in Paris, Cimeda offers companies the opportunity to settle their conflicts without having to resort to the State courts. Any company can benefit from this service.

Created 18 years ago, it became in 2014 the International Court of Mediation and Arbitration. This change of name is by no means fortuitous, since the institution uses the tradename Médiarbitrage© to settle disputes. This procedure, resulting from the fusion between mediation and arbitration, is still little known to the general public.

Is Médiarbitrage© the ideal way for companies to settle a dispute?

Médiarbitrage© offers many advantages for entrepreneurs, explains Shabir Djakiodine, chartered accountant, founder of Euro Accounting and future conciliation judge: "In a business relationship, it is important to draw a formal contract before concluding a transaction. This contract should indicate the competent court (arbitration clause) in the event of a dispute. However, the courts are always overburdened and litigations can drag on. Appointing the International Court of Mediation and Arbitration is a guarantee of time control (6 months to obtain an award, according to the local CPC). For companies, it is an important factor to be able to reach an award in an extremely short period of time and this is precisely what Cimeda has to offer".

However, the main specificity remains consensuality, as both parties are involved in the drafting of the award.

But beyond economic and time-related issues, it must be pointed out that the opinions given by the Court, whose president is Stephan Delekian, are also completely confidential. Unlike a court-ordered judgment, the decisions rendered by the judge-mediators are not subject to any publicity. This is clearly a prerogative, and even a rare privilege for companies, which generally seek to keep their disputes under wraps to prevent damage to their brand image and thus preserve their future markets. These nuances in no way affect the validity of the awards rendered by Cimeda, which carry the same weight as those of a Court of Appeal, regardless of the nationality of the companies and are enforceable in more than 154 countries. 

Cimeda is developing through its Functional Strategy Commission (FSC) under the chairmanship of Prof. Bertrand Degnon, also a member of the High Council of the Court.

What you need to know before turning to Cimeda?

Companies can turn to Cimeda in two cases. According to the organisation's website, "if the dispute is filed, you can agree with your "opponent" to resort to Médiarbitrage© by signing an agreement (*). In the same way and in anticipation of a future dispute, it is possible to include an arbitration clause in the contract that you have signed and/or in the General Terms and Conditions of Sale to be published in all your business documents".

The cases handled by the Court are diverse and varied: performance of contracts, competition, unpaid bills, conflicts/litigation between partners in the context of partners' agreement or even disputes within a company.

However, if the judge-mediators are chosen by the business owners themselves, they do not represent the interests of either party. "It is not because a business owner has chosen a judge-mediator that the judge-mediator becomes his lawyer. The judge-mediator has no obligation to the party or parties who appointed him. Like state judges, judge-mediators must remain impartial," explains Cimeda.

 

* To be downloaded from the download section of the Court's website.

 

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