The MPC-Conditions including the MPC Mediation- and the MPC Arbitration regulations are a unique set of general rules applicable to trade in dairy products inside and outside the European Union. The conditions are established by Gemzu, the Dutch Dairy Trade Association, located in The Hague, the Netherlands.
The Conditions 2018 are divided into four parts:
. MPC-Conditions applied within the European Union
. MPC-Conditions applied outside the European Union
. MPC-Mediation regulations
. MPC-Arbitration regulations
Like arbitration mediation is a popular alternative to traditional litigation and sometimes mediation and arbitration are used consecutively. Opposing parties may first try to negotiate through mediation and if that fails, move forward to arbitration.
The mediation regulations operate with a single mediator who does not judge the case but simply helps to facilitate discussion and eventual resolution of the dispute. For mediation both parties need to express their willingness. The MPC-Mediation regulations set out how to arrange this procedure if desired by both parties.
Arbitration is a form of extrajudicial dispute resolution that is used to achieve quick and high quality results in case of dispute, thanks to expert arbitrators and modern arbitration rules.
For each dispute an external lawyer practicing in the Netherlands, is appointed registrar to the Arbitration Board.
Parties involved in an arbitration procedure can state their preference for an arbitrator through the list procedure. The procedure for appointing arbitrators is laid down in article 3 of the MPC-Arbitration regulations. See the Arbitration Board with the names of arbitrators (and mediators) who are available for conducting arbitration proceedings under the MPC-Conditions. If parties are of different nationalities, the third arbitrator shall have a different nationality from that of the parties. Thus the arbitration tribunal always consists of several nationalities.
Thanks to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention), an arbitral ruling is recognized and can be enforced in over 140 nations. Therefore it is easier to enforce an abitral ruling than an ordinary Court ruling.
By applying the MPC-Conditions, the MPC-Mediation regulations and MPC-Arbitration regulations, you are opting for professional, neutral trade conditions and a professional, qualitative, speedy and impartial form of dispute resolution.
Examples of published MPC rulings available for third parties can be found here and here.
The MPC-Conditions are available in Dutch, English, French, German, Spanish and Italian. They can be ordered by e-mail: firstname.lastname@example.org or downloaded (see below).