The Milan National and International Chamber of Arbitration for the Trading of Hides, Skins and Leather is the only Association operating under Italian law specialized in the resolution of domestic and cross-border disputes concerning the trading of hides, skins and leather.
First set up in 1936 at the Genoa Chamber of Commerce, and committed from the outset to the protection of trade in the leather sector, the National and International Chamber of Arbitration for the Trading of Hides, Skins and Leather moved its registered offices and administrative offices to Milan in 2018. The new location was not the only change; it is now easier to start procedures that it was in the past.
One of the more important innovations is the possibility to have the arbitration proceedings carried out in accordance with the rules of law (instead of the previous informal arbitration procedure), which enables a rapid and less costly resolution of the matter with the issuing of an award, with all effects of law, having equal value to that of a decision of a court. This will be made possible through arbitrators who are experts in the matters under dispute.
The by-laws and the Rules have been amended, reserving particular attention to simplifying the procedure, reducing costs and enabling access to the Chamber’s services.
BODIES
The bodies comprising the National and International Chamber of Arbitration for the Trading of Hides, Skins and Leather are:
- the General Assembly;
- the Governing Board;
- the President;
- two Vice-Presidents;
- the Auditor;
- the Appointments Commission;
- the Secretary General.
GENERAL ASSEMBLY
The General Assembly is made up of the representatives of the members who are fully compliant with their statutory obligations and have paid their membership fees for the previous year.
The General Assembly ordinarily meets once a year by the month of June to approve the financial statements and resolve upon contributions and any and all other organizational compliance matters, including amendments to the bylaws and possibly to resolve upon winding up. The General Assembly meets on an extraordinary basis when further called upon to do during the year.
Members intervene in the General Assembly directly – through their officers, including those not in possession of the requisites of high level corporate responsibility functions for access to managerial roles – or through professionals regulated pursuant to art. 2229, section 1, of the Italian Civil Code, provided that they are in possession of a proxy signed by the legal representative – or by means of proxy conferred upon another member. In this latter case, the limit is five for each company registered.
Each ordinary member is entitled to one vote.
Competence
It is the competence of the General Assembly to:
- elect the members of the Governing Board, up to a maximum of fifteen members, respecting the following proportions: one third are to be chosen from among the representatives of companies trading in hides, skins and leather products; one third are to be chosen from among representatives of the tanning and manufacturing industry; one third are to be chosen from among the agents or other auxiliaries;
- elect the Auditor(s);
- determine the overall directive and executive strategies for the activities of the Association and examine any issue falling within the scope of the above;
- approve the resolution on contributions (establishing the amount of ordinary members’ contributions and those of supporting members) and the final balance;
- amend the bylaws;
- resolve to wind up the Association and appoint one or more liquidators;
- resolve upon any other issue submitted to it by the Governing Board or by the President.
GOVERNING BOARD
The Governing Board is made up of the members elected by the General Assembly. It may be composed of up to a maximum of fifteen members, respecting the following proportions: one third are to be chosen from among the representatives of companies trading in hides, skins and leather products; one third are to be chosen from among representatives of the tanning and manufacturing industry; one third are to be chosen from among the agents or other auxiliaries.
The members of the Governing Board shall remain in office for a period of four years and the term of office shall expire at the General Assembly on the fourth year after their election. Board members may be re-elected to the same office for a further, consecutive four-year period. After two consecutive terms, Board members cannot be immediately re-elected for a third consecutive term. They may run for re-election after at least one four-year term has elapsed.
Competence
It is the competence of the Governing Board to:
- elect the President of the Association and two Vice-Presidents from among its members;
- within the framework of the resolutions and directives of the General Assembly, attend to the achievement of the statutory purposes and examine all issues of a general nature;
- propose the final balance and resolution upon contributions to the General Assembly and approve the budget;
- indicate the issues that are to be submitted to the General Assembly for its examination;
- resolve upon all acts of ordinary and extraordinary administration deemed necessary, appropriate and useful to best achieve the aims of the Association;
- formulate and propose amendments to these bylaws, for the approval of the General Assembly;
- approve the procedural rules and the directives implementing these bylaws;
- appoint the Secretary General from among those people possessing specific and proven professionalism;
- compile the list of arbitrators every year;
- every four years, appoint at least two elective members of the Appointments Commission from among Italian and foreign experts;
- resolve upon the admission and exclusion of members of the Association;
- resolve upon the sanctions of forfeiture of role, suspension, expulsion and disbarment;
- carry out the other tasks as set forth in these Bylaws.
PRESIDENT
The President is elected by the Governing Board.
The President is the legal representative of the Chamber of Arbitration: Hides, Skins and Leather; he/she shall call and preside over the Governing Board, the General Assembly and the Appointments Commission; he/she shall adopt, under his/her responsibility, in cases of need and of urgency, the measures of the Governing Board and of the Appointments Commission, with the obligation to submit them for ratification to the Council itself at the first session.
VICE-PRESIDENT
The two Vice-Presidents are elected by the Governing Board.
In the event of absence of the President, or rather, when the President is in a position of incompatibility or even indirectly involved in an arbitration proceedings, the relative functions are carried out by the older of the Vice-Presidents, exception made for cases pursuant to Art. 13, paragraph 6 of the Bylaws.
AUDITORS
The Auditors may be from 1 to 3 in number, of whom at least one is required to be registered in the Auditors’ Register.
The Auditor(s) shall be elected by secret ballot by the General Assembly every four years and may be re-elected for one further consecutive four-year period. Auditors may run for re-election again after a four-year term has elapsed during which they were not appointed. Persons external to the world of the Association may run, provided that they are in possession of the specific skills required for the role.
Auditors shall be entitled to attend the meetings of the General Assembly and of the Governing Board, without the right to vote.
Appointment as Auditor is incompatible with all other appointments within the Association.
The Auditor(s) shall monitor the economic and financial management of the Association and the Chairman of the Auditors – who shall be indicated by the General Assembly – shall report to the General Assembly with a report on the final balance.
APPOINTMENTS COMMISSION
The Appointments Commission is elected by the Governing Board.
It is comprised of the President of the Arbitration Chamber and at least two members, who shall remain in office for four years, thus ensuring that all product group categories are represented.
It is competent with regard to all matters concerning the administering of arbitration proceedings and adopts all the relative measures. The Appointments Commission appoints the arbitrators and administers Arbitration proceedings in compliance with the Rules of the Chamber of Arbitration: Hides, Skins and Leather.
SECRETARY GENERAL
The Secretary General is elected by the Governing Board.
He/she is responsible for the enforcement of the decisions of the Governing Board and for the proper operation of each initiative planned and shall be granted all the powers necessary for the ordinary management of the Association.
He/she carries out the functions of Secretary of the Arbitration panels, as well as the functions attributed to him/her by the Rules or delegated by the Appointments Commission.
In addition, through the offices of the Arbitration Chamber, he/she:
- acts as secretary of the Appointments Commission, is responsible for the drafting of the minutes of its sessions and signs the measures decided upon;
- reports to the Appointments Commission on the state of arbitration proceedings;
- notifies the measures decided upon to the Appointments Commission, the parties and the Arbitration Tribunal, as well as to any other addressees of the same;
- receives any and all written deeds and documents from the parties and from the Arbitration Tribunal;
- forms and keeps the dossiers relating to arbitration proceedings;
- notifies any communications requested by the Appointments Commission and by the Arbitration Tribunal;
- provides the parties, upon request, with certified copies of the deeds and documents, as well as with attestations and certificates relating to the arbitration proceedings.