Règlement des litiges

Rules on the Settlement of Disputes of the Association of Translation Agencies

Article 1 - Definitions

For purposes of these rules, the following definitions will apply.
1. Complainant: the party submitting a request for arbitration as referred to in paragraph 7 of this Article to the Disputes Board, with due observance of the provisions of Article 4.
2. Respondent: the Complainant's counterparty;
3. Dispute: disagreement on the implementation of an assignment in which an ATA member is involved, either as the client or as the service provider. For the present purposes, a dispute will be presumed to have arisen only if the Complainant has first submitted the relevant complaint to the other party and the parties have not been able to reach a satisfactory resolution within a reasonable period of time.
4. Arbitration Proceedings: the proceedings conducted on the basis of these Rules on the Settlement of Disputes, leading to an opinion issued by the arbitration board that is binding on the parties, with the effect of an arbitration award.
5. Disputes Board: the ATA's disputes committee, elected by the ATA's general meeting. It is the Disputes Board's duty to supervise the arbitration proceedings. The Disputes Board will not issue any substantive opinions on disputes.
6. Arbitration Board: a board consisting of three arbitrators, appointed in accordance with Article 8, rendering an opinion on the dispute in the form of an arbitration award.
7. Request for arbitration: a request submitted to the Disputes Board for the settlement of a dispute as referred to in paragraph 3 of this Article.
8. Arbitration Costs: the costs which, in the Arbitration Board's opinion, are necessarily involved in the arbitration proceedings, as well as the administrative costs and the fees and disbursements of the members of the Arbitration Board.

Article 2 - Purport

1. The Rules on the Settlement of Disputes provide for the settlement of all disputes submitted to the ATA's Disputes Board in which an ATA member is involved in its capacity as a translation agency.
2. If an ATA member is involved in the dispute as a Service Provider and the ATA member's counterparty agrees in writing to have the dispute settled in accordance with these Rules on the Settlement of Disputes as referred to in Article 3, the ATA's General Terms and Conditions will fully apply, also if they have not been expressly declared applicable to the relevant assignment.
3. Disputes that are already pending before a court of law, disputes in respect of which a judicial decision has already been rendered and disputes that pertain only to collection issues will not be handled. In addition, the Disputes Board may refuse to handle cases which, in its opinion, it is not competent to take cognisance of. The parties will be informed in writing of any such refusal, in a notice stating the reasons. In that case, the parties may submit the dispute to the civil courts, at their discretion.
4. Insofar as these Rules do not deviate from same, the provisions of Book 4 of the Dutch Code of Civil Procedure [Wetboek van Burgerlijke Rechtsvordering] will apply.
5. The arbitration proceedings will be conducted in Utrecht, the Netherlands.

Article 3 - Obligation to cooperation and binding effect

1. If an ATA member's counterparty wishes to have a dispute settled on the basis of these Rules, the relevant ATA member will be obliged to cooperate.
2. If an ATA member wishes to have a dispute settled in accordance with these Rules, then the request for settlement will be handled only if the relevant ATA member's counterparty has indicated in writing that it agrees to such settlement. If the Complainant and the Respondent are both ATA members, the Respondent will be obliged, however, to cooperate in the arbitration proceedings.
3. Once a dispute has been submitted and accepted, the award rendered by the Arbitration Board will therefore always have the same effect for both parties as a binding arbitration award.

Article 4 - Request for settlement

A request for settlement should be submitted to the Disputes Board in writing within two months of the relevant dispute arising. This term may be deviated from only with the agreement of both parties. A request for settlement should in any case include the following information:
a. the Complainant's name, address, place of residence, telephone number, fax number and email address;
b. the Respondent's name, address, place of residence, telephone number, fax number and email address;
c. a description of the dispute;
d. any documentary evidence available;
e. a clear description of the claim.

Article 5 - Commencement of arbitration proceedings

1. Immediately after its receipt of the request, the Disputes Board will confirm its receipt of same to the Complainant in writing and will request the Complainant to make the security deposit described in Article 6.1 into the bank account specified by it within fourteen calendar days. In addition, the Disputes Board will send the Respondent a copy of the request with annexes, informing it that the arbitration proceedings will not be considered pending until the security deposit referred to in Article 6.1 has been received.
2. If the Respondent is not an ATA member, it will be simultaneously requested to notify the Disputes Board in writing within fourteen calendar days whether it agrees to the settlement of the dispute in accordance with these Rules on the Settlement of Disputes. A copy of these Rules will be enclosed with the request sent to the Respondent. If the Respondent is not an ATA member and is not prepared to extend its cooperation for purposes of the dispute's settlement in accordance with these Rules, no arbitration proceedings will be conducted. In that case, the Complainant may submit the dispute to the civil courts, at its discretion.

Article 6 - Security deposit

1. Before a request for settlement can be handled, the Complainant should first make a security deposit to cover the arbitration costs into a bank account specified by the Disputes Board. The security deposit should be EUR 500. If there is cause for doing so in view of the special circumstances of the dispute, ATA's Disputes Board may set the deposit at a different amount in all reasonableness.
2. As long as the security deposit due has not been paid, the arbitration proceedings will not be commenced.
3. If the Complainant does not pay the outstanding security deposit on time, also not within fourteen calendar days of receiving a written warning from the Disputes Board to that effect, the request for settlement will be presumed to have been withdrawn. Both parties will be informed accordingly in writing.
4. If, in the Arbitration Board's opinion, there is cause for doing so, the Disputes Board may at any time during the arbitration proceedings demand a supplementary deposit, to be fixed by the Arbitration Board.
5. If the Complainant does not pay the supplementary security deposit payable by it on time, also not within fourteen calendar days of receiving a written warning from the Disputes Board to that effect, the request for settlement will be presumed to have been withdrawn as yet. Both parties will be informed accordingly in writing. In that event, the security deposit paid by the Complainant will be returned to it, after deduction of costs already incurred in connection with its request for settlement.
6. The Arbitration Board will decide in its award which party/parties should bear the costs of the arbitration proceedings. The Arbitration Board may also decide to divide the costs equally among the parties. If the Complainant is fully or partially successful, the Arbitration Board may rule that the deposit paid should be fully returned to the Complainant and that the costs covered by same should be borne by the Respondent.
7. The Disputes Board and the Arbitration Board will not be obliged to bear any costs that are not covered by the security deposit.
8. No interest will be reimbursed on the security deposit paid.
9. If the claim is withdrawn, the Disputes Board will recover all costs incurred by it and the Arbitration Board in connection with the dispute that are not covered by the security deposit from the Complainant.

Article 7 - Appointment of arbitrators

1. Immediately after its receipt of the security deposit referred to in Article 6.1, the Disputes Board will request the Complainant and the Respondent in writing to each appoint a person with relevant expertise within thirty calendar days to act as an arbitrator, and to notify the Disputes Board within the said thirty calendar day term of the name, address, place of residence, telephone number, fax number and email address of that person.
2. If the Complainant fails to appoint an arbitrator as referred to in paragraph 1 of this Article on time, also after receiving a written warning from the Disputes Board to that effect, the request will be presumed to have been withdrawn. Both parties will be informed accordingly in writing. In that event, the security deposit paid by the Complainant will be returned to it, after deduction of costs already incurred in connection with its request for settlement.
3. If the Respondent is not an ATA member and fails to appoint an arbitrator as referred to in paragraph 1 of this Article, also after having been warned to do so by the Disputes Board, the Respondent's written agreement as referred to in Article 3 will be presumed to have been withdrawn and the arbitration proceedings will not be commenced. Both parties will be informed accordingly in writing. The security deposit will then be returned to the Complainant and any costs already incurred will be recovered from the Respondent. In that case, the Complainant may submit the dispute to the civil courts, at its discretion.
4. If the Respondent is an ATA member and fails to appoint an arbitrator as referred to in paragraph 1 of this Article, also after being warned to do so by the Disputes Board, the Disputes Board will appoint an independent expert as an arbitrator on the relevant ATA member's behalf, and the arbitration proceedings will be conducted as if the arbitrator had been appointed by the relevant ATA member.

Article 8 - Arbitration Board

1. The two arbitrators appointed in accordance with Article 7 will jointly appoint a third arbitrator by mutual agreement. If they are unable to reach agreement on this appointment within fourteen calendar days of being appointed as arbitrators themselves, the third arbitrator will be appointed by the President of the Chamber of Commerce and Industry for Utrecht and district further to an application to that effect filed by any interested party.
2. The three arbitrators appointed in the manner above will jointly form the Arbitration Board that will render an award in respect of the relevant dispute which will be considered an arbitration award that is binding on all parties. The arbitrators will appoint a chair from among their midst.
3. The Arbitration Board may offer the parties the opportunity to provide a verbal explanation of their positions during a hearing, but will not be obliged to do so.
4. At the request of either party, the Arbitration Board may, in accordance with the relevant statutory provisions:
- rule that written documents or other objects which the Arbitration Board considers relevant to the dispute should be submitted;
- hear witnesses;
- hear experts;
- rule that the parties should appear in person in order to provide information or to try to reach a settlement.
5. The Arbitration Board will render an award in all fairness and reasonableness, unless all parties have agreed in writing that the award is to be rendered on the basis of statutory regulations.
6. The Arbitration Board will always take account in its award of relevant commercial practice.

Article 9 - Arbitration proceedings and award

1. The Arbitration Board will conduct the arbitration proceedings in the manner determined by the Arbitration Board, in accordance with these Rules on the Settlement of Disputes and the provisions of Section 1036 et seq., Book 4, of the Dutch Code of Civil Procedure.
2. If an agency with the Taalmerk quality mark is involved in the dispute, the Taalmerk Committee should be so informed in accordance with paragraph 4 of the Dutch Quality Mark Regulations [Keurmerkreglement].
3. The parties will receive equal treatment. The Arbitration Board will offer all parties the opportunity to defend their rights and present their positions.
4. The Arbitration Board will render its award as soon as possible, though it will be up to the Arbitration Board to set the date on which the award will be rendered.
5. It will not be possible to appeal the arbitration award in arbitration proceedings.
6. The award will be rendered in accordance with Section 1057, Book 4, of the Dutch Code of Civil Procedure.
7. The judgment will be laid down in writing, in quadruplicate copies signed by each of the arbitrators. As soon as the Arbitration Board has rendered its award, it will so inform the Disputes Board and will send the Disputes Board the four original copies forthwith.
8. The Disputes Board will then immediately send the Complainant and the Respondent copies of the award by registered post and, if an agency with the Taalmerk quality mark is involved in the dispute, the Disputes Board will also send the Taalmerk Committee a photocopy of the award.
9. The Disputes Board will file the third copy of the award with the Court Registry of the District Court in Utrecht, in accordance with the provisions of Section 1058(1)(b), Book 4, of the Dutch Code of Civil Procedure. Immediately after this filing, the Disputes Board will notify the parties and each of the members of the Arbitration Board in writing of the date of the filing.
10. The fourth copy of the judgment will be kept on file by the Disputes Board for ten years. The Complainant and the Respondent may request the Disputes Board for a copy of the award in return for payment of the corresponding costs.
11. The award will in any case contain the information specified in Section 1057(4), Book 4, of the Dutch Code of Civil Procedure, as well as the amount and order for the payment of the arbitration costs.
12. The judgment may also cover:
a. the mere establishment of the nature or condition of items/property;
b. the mere determination of the amount of damages or a monetary sum due.
13. Any minority opinion of an arbitrator will not be mentioned in the award.
14. The arbitration award will be binding on the parties effective from the date on which it was rendered. By cooperating in arbitration proceedings on the dispute in accordance with these Rules on the Settlement of Disputes, the parties will be presumed to have undertaken the obligation to comply with the award forthwith.
15. The Arbitration Board may rule, in derogation from Article 11 of these Rules on the Settlement of Disputes, that the award will be public if this is in the public interest.
16. After the arbitration award has been rendered, the Arbitration Board will be dissolved.

Article 10 - Arbitral settlement award

1. If the parties reach a settlement during the proceedings, the substance of same may be laid down in an arbitral settlement award at their joint request. In that case, the judgment will be co-signed by the parties.
2. The arbitral settlement award will be equivalent to an arbitration award.
3. An arbitral settlement award will be subject to Section 1069, Book 4, of the Dutch Code of Civil Procedure.

Article 11 - Confidentiality

All parties who have gained knowledge of the dispute in the context of a request for settlement will be obliged to observe absolute confidentiality in respect of the existence and the substance of the dispute, except insofar as it is necessary to communicate on same in the context of the settlement.

Article 12 - Exclusion of liability

Neither the ATA, nor the members of the Disputes Board personally, nor the arbitrators, will be liable for any acts or omissions regarding the arbitration proceedings to which these Rules apply.

Article 13 - Unforeseen matters

In all cases not provided for by these Rules, the ATA's Board will decide in consultation with the Disputes Board, possibly after consulting the general meeting. During the course of the arbitration proceedings, any such decisions will be made in consultation with the Arbitration Board.

Article 14 - Amendments

1. These Rules on the Settlement of Disputes may be amended only pursuant to a resolution passed by the ATA's general meeting by an absolute majority of the votes cast in a valid manner, provided that the relevant amendment was announced in the convening notice for the meeting in question.
2. The amended Rules will take effect on the day after that on which the amendment was adopted by the general meeting. The amended rules will not apply to any arbitration proceedings that are already pending on the date on which the amended rules take effect.

These Rules on the Settlement of Disputes were adopted by the ATA's general meeting on 25 February 2003.