| General Provisions |
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| Article 15 |
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Subject to these Rules, the arbitral tribunal
may conduct the arbitration in such manner as
it considers appropriate, provided that the parties
are treated with equality and that at any stage
of the proceedings each party is given a full
opportunity of presenting his case.
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If either party so requests at any
stage of the proceedings, the arbitral tribunal
shall hold hearings for the presentation of evidence
by witnesses, including expert witnesses, or for
oral argument. In the absence of such a request,
the arbitral tribunal shall decide whether to hold
such hearings or whether the proceedings shall be
conducted on the basis of documents and other materials. |
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| 3 |
All documents or information supplied
to the arbitral tribunal by one party shall at the
same time be communicated by that party to the other
party. |
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| Place of Arbitration |
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| Article 16 |
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Unless the parties have agreed upon the place
where the arbitration is to be held, such place
shall be determined by the arbitral tribunal,
having regard to the circumstances of the arbitration.
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The arbitral tribunal may determine
the locale of the arbitration within the country
agreed upon by the parties. It may hear witnesses
and hold meetings for consultation among its members
at any place it deems appropriate, having regard
to the circumstances of the arbitration. |
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| 3 |
The arbitral tribunal may meet at
any place it deems appropriate for the inspection
of goods, other property or documents. The parties
shall be given sufficient notice to enable them
to be present at such inspection. |
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| 4 |
The award shall be made at the place
of arbitration. |
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| Language |
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| Article 17 |
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Subject to an agreement by the parties, the arbitral
tribunal shall, promptly after its appointment,
determine the language or languages to be used
in the proceedings. This determination shall apply
to the statement of claim, the statement of defence,
and any further written statements and, if oral
hearings take place, to the language or languages
to be used in such hearings.
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The arbitral tribunal may order that
any documents annexed to the statement of claim
or statement of defence, and any supplementary documents
or exhibits submitted in the course of the proceedings,
delivered in their original language, shall be accompanied
by a translation into the language or languages
agreed upon by the parties or determined by the
arbitral tribunal. |
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| Statement of Claim |
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| Article 18 |
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Unless the statement of claim was contained in the notice of arbitration, within a period of time to be determined by the arbitral tribunal, the claimant shall communicate his statement of claim in writing to the respondent and to each of the arbitrators. A copy of the contract, and of the arbitration agreement if not contained in the contract, shall be annexed thereto. |
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The statement of claim shall include the following particulars:
| (a) |
The names and addresses of the parties; |
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| (b) |
A statement of the facts supporting the claim; |
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| (c) |
The points at issue; |
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| (d) |
The relief or remedy sought. |
The claimant may annex to his statement of claim all documents he deems relevant or may add a reference to the documents or other evidence he will submit. |
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| Statement of Defence |
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| Article 19 |
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Within a period of time to be determined by the arbitral tribunal, the respondent shall communicate his statement of defence in writing to the claimant and to each of the arbitrators. |
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The statement of defence shall reply to the particulars (b), (c) and (d) of the statement of claim (article 18, para. 2). The respondent may annex to his statement the documents on which he relies for his defence or may add a reference to the documents or other evidence he will submit. |
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In his statement of defence, or at a later stage in the arbitral proceedings if the arbitral tribunal decides that the delay was justified under the circumstances, the respondent may make a counter-claim arising out of the same contract or rely on a claim arising out of the same contract for the purpose of a set-off. |
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The provisions of article 18, paragraph 2, shall apply to a counter-claim and a claim relied on for the purpose of a set-off. |
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| Amendments to the Claim or Defence |
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| Article 20 |
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During the course of the arbitral proceedings either party may amend or supplement his claim or defence unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it or prejudice to the other party or any other circumstances. However, a claim may not be amended in such a manner that the amended claim falls outside the scope of the arbitration clause or separate arbitration agreement. |
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| Pleas as to the jurisdiction of the arbitral tribunal |
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| Article 21 |
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The arbitral tribunal shall have the power to rule on objections that it has no jurisdiction, including any objections with respect to the existence or validity of the arbitration clause or of the separate arbitration agreement. |
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The arbitral tribunal shall have the power to determine the existence or the validity of the contract of which an arbitration clause forms a part. For the purposes of article 21, an arbitration clause which forms part of a contract and which provides for arbitration under these Rules shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. |
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A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than in the statement of defence or, with respect to a counter-claim, in the reply to the counter-claim. |
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In general, the arbitral tribunal should rule on a plea concerning its jurisdiction as a preliminary question. However, the arbitral tribunal may proceed with the arbitration and rule on such a plea in their final award. |
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| Further Written Statements |
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| Article 22 |
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The arbitral tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defence, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements. |
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| Periods of Time |
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| Article 23 |
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The periods of time fixed by the arbitral tribunal for the communication of written statements (including the statement of claim and statement of defence) should not exceed forty-five days. However, the arbitral tribunal may extend the time-limits if it concludes that an extension is justified. |
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| Evidence and Hearings (Articles 24 to 25) |
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| Article 24 |
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Each party shall have the burden of proving the facts relied on to support his claim or defence. |
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The arbitral tribunal may, if it considers it appropriate, require a party to deliver to the tribunal and to the other party, within such a period of time as the arbitral tribunal shall decide, a summary of the documents and other evidence which that party intends to present in support of the facts in issue set out in his statement of claim or statement of defence. |
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At any time during the arbitral proceedings the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a period of time as the tribunal shall determine. |
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| Article 25 |
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In the event of an oral hearing, the arbitral tribunal shall give the parties adequate advance notice of the date, time and place thereof. |
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If witnesses are to be heard, at least fifteen days before the hearing each party shall communicate to the arbitral tribunal and to the other party the names and addresses of the witnesses he intends to present, the subject upon and the languages in which such witnesses will give their testimony. |
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The arbitral tribunal shall make arrangements for the translation of oral statements made at a hearing and for a record of the hearing if either is deemed necessary by the tribunal under the circumstances of the case, or if the parties have agreed thereto and have communicated such agreement to the tribunal at least fifteen days before the hearing. |
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Hearings shall be held in camera unless the parties agree otherwise. The arbitral tribunal may require the retirement of any witness or witnesses during the testimony of other witnesses. The arbitral tribunal is free to determine the manner in which witnesses are examined. |
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Evidence of witnesses may also be presented in the form of written statements signed by them. |
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The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered. |
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| Interim Measures of Protection |
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| Article 26 |
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At the request of either party, the arbitral tribunal may take any interim measures it deems necessary in respect of the subject-matter of the dispute, including measures for the conservation of the goods forming the subject-matter in dispute, such as ordering their deposit with a third person or the sale of perishable goods. |
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Such interim measures may be established in the form of an interim award. The arbitral tribunal shall be entitled to require security for the costs of such measures. |
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A request for interim measures addressed by any party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement. |
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| Experts |
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| Article 27 |
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The arbitral tribunal may appoint one or more experts to report to it, in writing, on specific issues to be determined by the tribunal. A copy of the expert's terms of reference, established by the arbitral tribunal, shall be communicated to the parties. |
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The parties shall give the expert any relevant information or produce for his inspection any relevant documents or goods that he may require of them. Any dispute between a party and such expert as to the relevance of the required information or production shall be referred to the arbitral tribunal for decision. |
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Upon receipt of the expert's report, the arbitral tribunal shall communicate a copy of the report to the parties who shall be given the opportunity to express, in writing, their opinion on the report. A party shall be entitled to examine any document on which the expert has relied in his report. |
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At the request of either party the expert, after delivery of the report, may be heard at a hearing where the parties shall have the opportunity to be present and to interrogate the expert. At this hearing either party may present expert witnesses in order to testify on the points at issue. The provisions of article 25 shall be applicable to such proceedings. |
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| Default |
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| Article 28 |
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If, within the period of time fixed by the arbitral tribunal, the claimant has failed to communicate his claim without showing sufficient cause for such failure, the arbitral tribunal shall issue an order for the termination of the arbitral proceedings. If, within the period of time fixed by the arbitral tribunal, the respondent has failed to communicate his statement of defence without showing sufficient cause for such failure, the arbitral tribunal shall order that the proceedings continue. |
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If one of the parties, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration. |
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| 3 |
If one of the parties, duly invited to produce documentary evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it. |
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| Closure of Hearings |
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| Article 29 |
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The arbitral tribunal may inquire of the parties if they have any further proof to offer or witnesses to be heard or submissions to make and, if there are none, it may declare the hearings closed. |
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The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own motion or upon application of a party, to reopen the hearings at any time before the award is made. |
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| Waiver of Rules |
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| Article 30 |
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A party who knows that any provision of, or requirement under, these Rules has not been complied with and yet proceeds with the arbitration without promptly stating his objection to such non-compliance, shall be deemed to have waived his right to object. |
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