Quadra - Alternative Dispute Resolution

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Quadra operates since 2003 as a private provider of ADR (Alternative Dispute Resolution) services for management of conflicts and commercial and civil disputes

Quadra administers mediation, arbitration and expertise procedures,
promotes diffusion of ADR principles and realises world-class training




  1. These rules apply to Tiaki s.r.l. (hereinafter referred to as "Quadra") arbitration procedures, which serve as a method to resolve disputes based on which a conflict between the parties is resolved by a private neutral (i.e. the "Arbitral Tribunal"), whose decisions are binding for the parties.
  2. These rules may be modified at any time by Quadra, and this would have no effect on any procedures already underway. Please visit the www.adrquadra.com website for the in-force version of these rules.
  3. In all matters not expressly provided for, these rules shall be adjusted to suit the spirit of said rules and so that the award, inasmuch as possible, be legally executable.
  4. Neither Quadra, its employees or agents, nor the members of the Arbitral Tribunal shall be in any way liable, except in the case of deliberate malice, for any act or failure to act in relation to the arbitration procedures.


  1. The costs of the Quadra arbitration procedure consist of:
    • a Administrative fees, as shown in the FEES attached hereto, item A;
    • b Compensation for the arbitration Court, as shown in the FEES attached hereto, item B;
    • c Procedural expenses (which may include translations, expert opinions, logistics, etc.) decided by the Arbitral Tribunal according to the circumstances.
  2. The costs relating to b. above are only established by Quadra, and at its discretion, somewhere between the top and bottom rates, and shall take into account the amount of work and diligence exercised by the Court, as well as the complexity of the dispute and any other pertinent factors.
  3. As concerns costs b. and c. above, Quadra shall merely act as treasurer.
  4. Settlements among the parties and the arbitration Court that deviate from the costs shown on the Fees are inadmissible.


  1. Quadra may require that it be paid a deposit as guarantee of payment of the costs of the procedures.
  2. Quadra may re-set the amount of the deposit at any time, in light of any changes, any counterclaims and any other germane circumstances.
  3. Both parties must lodge the deposit, for which they are jointly and severally liable, but Quadra may, upon request of one of the parties, set up separate deposits if one or more counterclaims have been made.
  4. If the required deposits are not lodged, Quadra may, after consulting with the arbitration Court, request that it suspend its activities and set a reasonable term, after which the relative claims or counterclaims will be deemed as withdrawn and may then be re-submitted under separate procedure.
  5. On behalf of the parties, Quadra pays the costs mentioned in b. above to the arbitration Court, once the procedure has closed, but may also make advance payments during the proceedings.


  1. Each Quadra arbitration procedure is initiated by way of written request containing at least the following elements:
    • a identification data of the requesting party
    • b identification data of the other parties to the procedure
    • c an essential description of the dispute
    • d the stated claims of the requesting party
    • e the stated agreements, if any, among the parties, to submit to the Quadra ADR system
    • f proof of payment of a Euro 100 one-off deposit as advance payment for administrative costs to be incurred by the requesting party
  2. The request for initiation, along with the relative supporting documents, is to be forwarded to Quadra as well as to the other parties required to take part in the procedure.
  3. The Quadra arbitration procedure is deemed to be initiated, for all intents and purposes, on the date Quadra receives the request for initiation.


  1. Promptly after receiving the request for initiation of a Quadra arbitration procedure, Quadra informs all the parties called to participate therein, and requests that they, within a set term that takes into account the complexity of the dispute and the requirements of the defence, produce their observations and any counterclaims.
  2. After said term is expired, Quadra appoints the members of the Arbitral Tribunal, in the manner established below, unless any sort of agreement to undergo the Quadra arbitration is evidently lacking; in this case, all parties are notified that the procedure cannot take place.


  1. The number of people that compose the Arbitral Tribunal is always odd, and agreed to by the parties or, lacking said agreement, established by Quadra. Unless the nature of the dispute renders it advisable to have a different composition, the Arbitral Tribunal calls for a single arbitrator. In the event of a Arbitral Tribunal with more than one arbitrator, Quadra shall appoint the Chairperson.
  2. In procedures involving parties of different nationalities, Quadra shall appoint a person of a different nationality still to serve as sole arbitrator or chairperson of the Arbitral Tribunal, unless the circumstances call for otherwise.
  3. Each member of the Arbitral Tribunal must be independent from, and remain so for the duration of the procedure, the parties. Acceptance of the charge to serve as member of the Arbitral Tribunal is preceded by a written declaration of independence which clearly highlights any possible circumstance which may lead to doubt such matter.
  4. Quadra appoints as members of the Arbitral Tribunal the most suited individuals to cover the role of arbitrators for the case in question, taking into account the indications of the parties yet giving priority to the requirements of neutrality and competence on the subject matter as concerns the dispute. No shareholders nor directors of Quadra may be appointed unless by express written consent of all parties.
  5. Members of the Arbitral Tribunal may be challenged by written request to Quadra, on the grounds of non-independence, within 20 days of their appointment or of said non-independence being ascertained. Once the written challenge-request is received, the arbitration procedure is suspended, and Quadra decides on its admissibility and, if germane, on the merits thereof, in the briefest time possible after having considered the reasons of all the parties, of the challenged arbitrator and of every other member of the relevant Arbitral Tribunal.
  6. Members of the Arbitral Tribunal are replaced by Quadra in the event of:
    • a decease
    • b resignation
    • c sustained challenge
    • d joint request by all the parties involved
  7. Members of the Arbitral Tribunal may be replaced by Quadra in the event of:
    • a inability to carry out the charge
    • b non-compliance with these Rules
  8. In the event any members of the Arbitral Tribunal (when this is formed by more than one arbitrator) were to cease to perform their functions due to unmotivated reasons, instead of replacing them, Quadra, after consulting with the remaining arbitrators and the parties, may establish that the remaining arbitrators continue with the arbitration procedure.


  1. Once the Arbitral Tribunal is established, the requesting party is required to pay to Quadra the amount set by the latter to cover the foreseeable arbitration expenses up until the drafting of the terms of reference.
  2. Once said deposit is received, Quadra forwards the case file to the Arbitral Tribunal.


  1. Promptly after receiving the case file, the Arbitral Tribunal provides Quadra, with a working schedule and a written document (i.e. the terms of reference), signed by the parties and the Arbitral Tribunal, which establishes the terms of the mandate and particularly:
    • a the identification data of the parties
    • b the address to be used for communications among the parties
    • c the stated claims of the parties
    • d the identification data of the members of the Arbitral Tribunal
    • e the place of the arbitration
    • f if not subject to being established at a later stage, the procedural norms and criteria to be followed in deciding the merits of the case that the Arbitral Tribunal intends to pursue.
  2. Lacking the signature of one or more of the parties, the terms of reference must be submitted to Quadra for approval.
  3. After receiving the terms of reference (duly signed or otherwise approved), Quadra declares it as effective and the Court may then proceed with the arbitration in the manner set forth below.
  4. After the terms of reference have been declared 'effective, no other requests are admissible, unless approved by the Arbitral Tribunal.


  1. The place for arbitration is specified by Quadra, unless the parties agree otherwise. The Arbitral Tribunal may, unless otherwise agreed to by the parties, hold the hearings at a different location than the specified place for arbitration. The Arbitral Tribunal may in any event resolve at any location it deems appropriate.
  2. Lacking any agreement between the parties, the Arbitral Tribunal establishes the language or languages to be used in the arbitration, taking into account every applicable circumstance on the matter, especially the language used by the parties in their dealings.
  3. The Arbitral Tribunal prepares the case as quickly as possible and in the manner it deems most appropriate and impartial, while respecting the right of controverting under due process and giving the parties the opportunity to thoroughly present their positions.
  4. The Arbitral Tribunal:
    • a may hear any person that is informed on the facts of the case
    • b after consulting with the parties, may resort to one or more experts that, after presenting their report, may be heard by the parties that wish to do so
    • c may request further clarification and documentations from the parties
  5. Unless otherwise agreed to by the parties, the Arbitral Tribunal may, if requested by one party, arrange for any precautionary or provisional measure.
  6. Upon replacement of any member of the Arbitral Tribunal, the latter, after hearing the parties and any other members, decides whether, and to what extent, any previous proceedings of the procedure must be renewed before the Arbitral Tribunal in its renewed composition. The Arbitral Tribunal may decide the dispute on the basis of the mere deeds and documents provided by the parties, but on request of at least one parties, it shall convene a hearing for purposes of discussion. The hearings are set with due prior notice and the parties may partake in person or through their authorized agents. The parties may avail themselves of consultants at the hearings.
  7. Once the Arbitral Tribunal believes that the parties have thoroughly presented their cases, it then declares the fact-finding phase of the procedure closed and notifies Quadra of this. After closing the inquiry phase the parties may not add further statements or deductions, unless so authorized by the Arbitral Tribunal.


  1. The Arbitral Tribunal must issue its final award within six months of the entry into effect of the terms of reference and shall consist of as many originals as there are parties, plus one. Said term may be extended by Quadra, upon request of the Arbitral Tribunal by its own initiative.
  2. When the Arbitral Tribunal is formed by more than one person, the award is decided by majority vote or, lacking a majority vote, only by the chairperson.
  3. The award must be supported by motivations.
  4. When the Arbitral Tribunal makes the award, it may assign the cost of the arbitration and counsel, as well as, the extent each party shall bear in light of one party not prevailing in the dispute. On the contrary the arbitration expenses are to be shared in equal parts among the parties, and each shall pay for its relevant counsel.
  5. The award is considered as issued at the place of the arbitration, and on the date appearing on the originals.
  6. Before signing the award, the Arbitral Tribunal submits a draft copy for approval by Quadra. Quadra may require that changes in the form be made and, without affecting the Tribunal's decision, draw attention to any issues of substance. The award cannot be signed by the Arbitral Tribunal without the approval of Quadra as concerns the form.
  7. The signed award is communicated to the parties by Quadra, after the arbitration expenses have been fully settled. This communication exempts the Arbitral Tribunal from making any further notice or communication as concerns the award.
  8. Quadra is the depository agent of the award and may issue a faithful copy only to the parties that may request it.
  9. The award is binding for the parties, which must promptly undertake its provisions and renounce, by adhering to these rules, to all and any means of formal recourse that they may legally renounce.
  10. Any material, computational and typing errors contained in the award may be corrected by the Arbitral Tribunal's own initiative, following Quadra's approval, and must be requested within 30 days of the award date. Each party may request that any material, computational and typing errors found in the award be corrected, by requesting this from Quadra within 30 days of having received the award; Quadra then transmits the request to the Arbitral Tribunal which, if it deems it necessary, sees to making the corrections, after consulting with all the parties and receiving approval from Quadra,. Any corrections to the award must be made as an addendum, which shall become an integral part of the award.
  11. Once the terms for correction are expired, Quadra shall declare the procedure closed.


  1. The terms established by these Rules may be shortened upon agreement among all the parties, the Arbitral Tribunal and Quadra. If the term were to fall on a national holiday in the country of one of the parties that needs to comply with it, said term is extended to the next business day.
  2. All written communications made by one party must also be provided to each of the other parties, to the Arbitral Tribunal and to Quadra. The Arbitral Tribunal forwards Quadra all of the communication it sends the parties. All communications are to be forwarded to the last known address of the addressee, through a means that enables a record to be kept of said forwarding.
  3. The party that continues in the proceedings without objections as to any non-compliance to these Rules or any of the applicable rules, is deemed as having waived said objections.
  4. At any moment, the procedure may be declared closed by Quadra, upon request by all the parties involved. In this case, Quadra notifies the Arbitral Tribunal which, if not requested by the parties to issue an award that reflects their agreement, if any, is then exempted from issuing any award.


1% of the dispute value with a minimum of Euro 100 and maximum of Euro 60,000.00

Sole arbitrator Fees
from 1.5% to 4% of the dispute value with a minimum of Euro 500.00 and a maximum of Euro 100.00
expenses: as documented
lump-sum reimbursement for general expenses: 5% of the fees
Board Fees
set by Quadra within the limits of two times those set for a single arbitrator
expenses: as documented
lump-sum reimbursement for general expenses: 5% of the fees

The dispute value is established by Quadra by taking into account the amount of the claim, of any counterclaims, and any possible set-off plea which require autonomous examination. The above listed costs are net of VAT and other duties foreseen by law, if due.

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