HKIAC Administered Arbitration Rules 2008

Effective from 1 September 2008

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Section I. GENERAL RULES

Article 1 - Scope of Application
1.1 These Rules shall govern arbitrations where an agreement to arbitrate (whether entered into before or after a dispute has arisen) either: (a) provides for these Rules to apply; or (b) subject to Articles 1.2, 1.3 and 1.4 below, provides for arbitration "administered by the HKIAC" or words to the same effect.

1.2 Nothing in these Rules shall prevent parties to a dispute or arbitration agreement from naming the HKIAC as appointing authority, or from requesting certain administrative services from the HKIAC, without subjecting the arbitration to the provisions contained in these Rules. For the avoidance of doubt, these Rules shall not govern arbitrations where an agreement to arbitrate provides for arbitration under other rules adopted by the HKIAC from time to time.

1.3 These Rules supersede the HKIAC Procedures for the Administration of International Arbitration adopted with effect from 31st March 2005 (the "Procedures") save to the extent that the parties have agreed to adopt the Procedures in an agreement made prior to 1st September 2008. Where an agreement to arbitrate made after these Rules have come into effect provides for arbitration under the UNCITRAL Rules administered by the HKIAC, the HKIAC shall be the appointing authority and the HKIAC Secretariat shall invite the parties in such a case to agree to the application of these Rules.

1.4 These Rules shall come into force on 1st September 2008 and, unless the parties have agreed otherwise, shall apply to all arbitrations falling within Article 1.1 in which the Notice of Arbitration is submitted on or after that date.

Article 2 - Notices and Calculation of Periods of Time
2.1 Any notice or other written communication pursuant to these Rules shall be deemed to be received by a party or arbitrator or by the HKIAC if:

  • delivered by hand, registered post or courier service to
    • the address of the addressee or its representative as notified in writing in the arbitration proceedings; or
    • in the absence of (i), to the address specified in any applicable agreement between the relevant parties; or
    • in the absence of (i) or (ii), to any address which the addressee holds out to the world at the time of such delivery; or
    • in the absence of (i), (ii) or (iii), to any last known address of the addressee; or
  • transmitted by facsimile, e-mail or any other means of telecommunication that provides a record of its transmission and the time and date thereof to:
    • the facsimile number or email address (or equivalent) of that person or its representative as notified in the arbitration proceedings; or
    • in the absence of (i), to the facsimile number or email address or equivalent specified in any applicable agreement between the relevant parties; or
    •  in the absence of (i) and (ii), to any facsimile number or email address which the addressee holds out to the world at the time of such transmission.

2.2 Any such notice or written communication shall be deemed to be received on the date when it is delivered pursuant to paragraph (a) above or transmitted pursuant to paragraph (b) above. For this purpose, the date shall be determined according to the local time at the place of receipt.

2.3 For the purposes of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice, notification, communication or proposal is received. If the last day of such period is an official holiday or a non-business day at the place of receipt, the period shall be extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time shall be included in calculating the period.

2.4 If the circumstances so justify, the HKIAC Secretariat may extend the time limits provided for in these Rules, as well as any time limits that it has set.

Article 3 - Interpretation of Rules
3.1 The arbitral tribunal shall interpret the Rules insofar as they relate to its powers and duties hereunder. The HKIAC Council shall interpret all other provisions of these Rules.

3.2 References in the Rules to the "HKIAC Council" are to the Council of the HKIAC or the sub-committee or other body specially designated by it to perform the functions referred to herein.

3.3 References in the Rules to the "HKIAC Secretariat" are to the Secretary General of the HKIAC for the time being and other executive staff members of the Secretariat of the HKIAC.

Section II. COMMENCEMENT OF THE ARBITRATION

Article 4 - Notice of Arbitration
4.1 The party initiating recourse to arbitration (hereinafter called the "Claimant" or, where applicable, "Claimants") shall submit a Notice of Arbitration to the HKIAC Secretariat at the following address, facsimile number or email address:

The HKIAC Secretariat
Hong Kong International Arbitration Centre
38th Floor, Two Exchange Square
8 Connaught Place
Hong Kong Special Administrative Region
People's Republic of China
Facsimile: +852 2524 2171
Email: adr@hkiac.org

4.2 Arbitral proceedings shall be deemed to commence on the date on which the Notice of Arbitration is received by the HKIAC Secretariat. For the avoidance of doubt, this date shall be calculated in accordance with the provisions of Articles 2.1 and 2.2.

4.3 The Notice of Arbitration shall, if provided by a method specified in Article 2.1(a), be submitted in as many copies as there are other parties (hereinafter called the "Respondent" or, where applicable, "Respondents"), together with an additional copy for each arbitrator and one copy for the HKIAC Secretariat. It shall include the following:

  • a demand that the dispute be referred to arbitration;
  • the names and (in so far as known) the addresses, telephone and fax numbers, and email addresses of the parties and of their counsel;
  • a copy of the arbitration agreement that is invoked;
  • a reference to the contract or other legal instrument(s) out of or in relation to which the dispute arises;
  • a description of the general nature of the claim and an indication of the amount involved, if any;
  • the relief or remedy sought;
  • a proposal as to the number of arbitrators (i.e. one or three), if the parties have not previously agreed thereon.

4.4 The Notice of Arbitration shall be accompanied by payment, by cheque or transfer to the account of the HKIAC, of the Registration Fee as required by the Schedule of Fees and Costs of Arbitration attached hereto in force on the date when the Notice of Arbitration is submitted.

4.5 The Notice of Arbitration shall be submitted in the language of the arbitration as agreed by the parties. If no agreement has been reached between the parties, the Notice of Arbitration shall be submitted in either English or Chinese.

4.6 The Notice of Arbitration may also include:

  • the Claimant's proposals for the appointment of a sole arbitrator referred to in Article 7;
  • the Claimant's designation of an arbitrator, for the purpose of constituting a three-member arbitral tribunal referred to in Article 8;
  • the Statement of Claim referred to in Article 17.

4.7 If the Notice of Arbitration is incomplete or if the copies or attachments are not submitted in the required number, or if the Registration Fee is not paid, the HKIAC Secretariat may request the Claimant to remedy the defect within an appropriate period of time. The HKIAC Secretariat may also request within such time limit a translation of the Notice of Arbitration if it is not submitted in the language of the arbitration agreed by the parties or, if no agreement has been reached, in either English or Chinese. If the Claimant complies with such directions within the applicable time limit, the Notice of Arbitration shall be deemed to have been validly filed on the date when the initial version was received by the HKIAC Secretariat.

4.8 The HKIAC Secretariat shall provide without delay a copy of the Notice of Arbitration and of any exhibits included therewith to the Respondent.

Article 5 - Answer to the Notice of Arbitration
5.1 Within 30 days from receipt of the Notice of Arbitration, the Respondent shall submit to the HKIAC Secretariat an Answer to the Notice of Arbitration. This Answer to the Notice of Arbitration shall, if provided by a method specified in Article 2.1(a), be submitted in as many copies as there are other parties, together with an additional copy for each arbitrator and one copy for the HKIAC Secretariat, and shall, to the extent possible, include the following:

  • the name, address, telephone and fax numbers, and email address of the Respondent and of its counsel (if different from the description contained in the Notice of Arbitration);
  • any plea that an arbitral tribunal constituted under these Rules lacks jurisdiction;
  • the Respondent's comments on the particulars set forth in the Notice of Arbitration, pursuant to Article 4.3(e);
  • the Respondent's answer to the relief or remedy sought in the Notice of Arbitration, pursuant to Article 4.3(f);
  • the Respondent's proposal as to the number of arbitrators (i.e. one or three), if the parties have not previously agreed thereon.

5.2 The Answer to the Notice of Arbitration shall be submitted in the language of the arbitration as agreed by the parties. If no agreement has been reached between the parties, the Answer to the Notice of Arbitration shall be submitted in either English or Chinese.

5.3 The Answer to the Notice of Arbitration may also include:

  • the Respondent's proposals for the appointment of a sole arbitrator referred to in Article 7;
  • the Respondent's designation of an arbitrator for the purpose of constituting a three-member arbitral tribunal referred to in Article 8;
  • if the Notice of Arbitration contained the Statement of Claim referred to in Article 17, the Statement of Defence referred to in Article 18.

5.4 Any counterclaim or set-off defence shall to the extent possible be raised with the Respondent's Answer to the Notice of Arbitration, which should include in relation to any such counterclaim or set-off defence:

  • a reference to the contract or other legal instrument(s) out of or in relation to which it arises;
  • a description of the general nature of the counterclaim and/or set-off defence and an indication of the amount involved, if any;
  • the relief or remedy sought.

5.5 If no counterclaim or set-off defence is raised with the Respondent's Answer to the Notice of Arbitration, or if there is no indication of the amount of the counterclaim or set-off defence, the HKIAC Secretariat shall only rely upon the information provided by the Claimant pursuant to Article 4.3(e) in order to determine whether the provisions of Article 38.1 (Expedited Procedure) shall be applicable.

5.6 The HKIAC Secretariat shall provide without delay a copy of the Answer to the Notice of Arbitration and of any exhibits included therewith to the Claimant.

5.7 Once the Registration Fee has been paid and all arbitrators have been confirmed, the HKIAC Secretariat shall transmit without delay the file to the sole arbitrator or to the arbitral tribunal.

5.8 The parties may be represented or assisted by persons of their choice. The names, addresses, telephone and fax numbers, and email addresses of such persons shall be communicated in writing to the other party and the HKIAC Secretariat.

Section III. ARBITRATORS AND THE ARBITRAL TRIBUNAL

Article 6 - Number of Arbitrators
6.1 If the parties have not agreed upon the number of arbitrators, the HKIAC Council shall at the request of a party decide whether the case shall be referred to a sole arbitrator or to a three-member arbitral tribunal, taking into account the factors set out in Rule 9 of the "Arbitration (Appointment of Arbitrators and Umpires) Rules" made under the Hong Kong Arbitration Ordinance. These include:

  • the amount in dispute;
  • the complexity of the claim;
  • the nationalities of the parties;
  • any relevant customs of the trade, business or profession involved in the said dispute;
  • the availability of appropriate arbitrators; and
  • the urgency of the case.

6.2 Before deciding on the number of arbitrators to be appointed, the HKIAC Council shall allow the other party or parties to the arbitration to serve on the HKIAC Secretariat brief written responses in support of their contention as to the number of arbitrators appropriate for their dispute. Where no such reasons are served on the HKIAC Secretariat within 14 days of the day on which a request for responses has been made by the HKIAC Secretariat, the HKIAC Council may proceed with the decision.

6.3 Where a case is handled under an Expedited Procedure in accordance with Article 38, the provisions of Article 38.1(b) and (c) shall apply.

Article 7 - Appointment of a Sole Arbitrator
7.1 Unless the parties have agreed otherwise and subject to Articles 11.1 and 11.2:

  • where the parties have agreed that the dispute shall be referred to a sole arbitrator, they shall jointly designate the sole arbitrator within 30 days from the later of (i) the date when the Notice of Arbitration was received by the Respondent(s) and (ii) the date the parties agreed that the dispute should be referred to a sole arbitrator;
  • where the parties have not agreed upon the number of arbitrators but the HKIAC Council has decided that the dispute shall be referred to a sole arbitrator, the parties shall jointly designate the sole arbitrator within 30 days from the date when the HKIAC Council's decision was received by the last of them.

7.2 If the parties fail to designate the sole arbitrator within the applicable time limit, the HKIAC Council shall appoint the sole arbitrator.

Article 8 - Appointment of Arbitral Tribunal
8.1 Where a dispute between two parties is referred to a three-member arbitral tribunal, the tribunal shall be constituted as follows unless the parties have agreed otherwise:

  • each party shall designate one arbitrator. If a party fails to designate an arbitrator within 30 days after it receives notification of the other party's appointment of an arbitrator or within the time limit set by the parties' agreement, the HKIAC Council shall appoint the second arbitrator;
  • the two arbitrators so appointed shall designate a third arbitrator who shall act as the presiding arbitrator of the arbitral tribunal. Failing such designation within 30 days from the confirmation of the second arbitrator or within the time limit set by the parties' agreement, the HKIAC Council shall appoint the presiding arbitrator;
  • subject always to Articles 11.1 and 11.2.

8.2 Where a dispute between more than one Claimant or more than one Respondent is referred to a three-member arbitral tribunal, the tribunal shall be constituted as follows unless the parties have agreed otherwise:

  • the HKIAC Secretariat shall set an initial 30 day time limit for the Claimant or group of Claimants to designate an arbitrator and set a subsequent 30 day time limit for the Respondent or group of Respondents to designate an arbitrator;
  • if the parties have designated arbitrators in accordance with Article 8.2(a), the procedure in Article 8.1(b) shall apply to the designation of the presiding arbitrator;
  • where one or more parties or groups of parties fail to designate an arbitrator in multiparty proceedings within the time period set by the HKIAC Secretariat, the HKIAC Council shall appoint the arbitrator in question and the presiding arbitrator. Prior to doing so, the HKIAC Secretariat shall give any party or group of parties which has duly appointed an arbitrator the opportunity within a specified time to elect in writing whether to withdraw such appointment and allow the HKIAC Council to appoint all three arbitrators. Failing such election within the specified time, the appointment shall be deemed not to have been withdrawn;
  • subject always to Articles 11.1 and 11.2.

Article 9 - Consultation on Arbitrators with Appointment Advisory Board
9.1 Before making a final decision on the appointment of an arbitrator, or on the number of arbitrators that are appropriate for any particular dispute, the HKIAC Council shall consult with at least three available members of the Appointment Advisory Board. The HKIAC Council shall consider their advice but is not bound by it. The content of any such consultation process is private and shall not be disclosed to the parties.

Article 10 - Confirmation of Arbitrators
10.1 All designations of a sole arbitrator or of the arbitrators composing a three-member arbitral tribunal, made by the parties or the arbitrators, are subject to confirmation by the HKIAC Council, upon which the appointments shall become effective. The HKIAC Council has no obligation to give reasons when it does not confirm an arbitrator.

Article 11 - Independence, Nationality and Challenge and Removal of Arbitrators
11.1 All arbitrators appointed under these Rules shall be and remain at all times impartial and independent of the parties.

11.2 Where the parties to an arbitration under these Rules are of different nationalities, a sole arbitrator and the chairman of a three-member arbitral tribunal shall not have the same nationality as any party unless specifically agreed otherwise by all parties in writing.

11.3 A prospective arbitrator shall disclose without delay to those who approach him in connection with his possible appointment any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, once designated, shall disclose without delay such circumstances to the parties unless they have already been informed by him of these circumstances.

11.4 Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence. A party may challenge the arbitrator designated by it only for reasons which it became aware or ought reasonably to have become aware after designation was made.

11.5 A party who intends to challenge an arbitrator shall send notice of his challenge within 15 days after the appointment of the challenged arbitrator has been notified to the challenging party or within 15 days after that party became aware or ought reasonably to have become aware of the circumstances mentioned in Articles 11.3 and 11.4.

11.6 The challenge shall be notified to the HKIAC Secretariat, all other parties, the arbitrator who is challenged and the other members of the arbitral tribunal. The notification shall be in writing and shall state the reasons for the challenge.

11.7 If the arbitrator being challenged does not withdraw, the HKIAC Council shall decide on the challenge. The challenge shall be dealt with in accordance with the Hong Kong International Arbitration Centre Challenge Rules.

Article 12 - Replacement of an Arbitrator
12.1 Unless all parties otherwise agree and subject always to any applicable mandatory law, if an arbitrator designated by a party dies or becomes unable to perform his/her functions due to any reasons beyond his/her control, the HKIAC Secretariat shall set a time limit for the party having designated that arbitrator to designate a replacement arbitrator. This rule also applies if an arbitrator has been successfully challenged, has been otherwise removed, has resigned or is not confirmed by the HKIAC Council pursuant to Article 10.1.

12.2 If the party concerned fails to designate a replacement arbitrator within the applicable time limit, the HKIAC Council shall appoint a replacement arbitrator.

Article 13 - Consequences of the Replacement of an Arbitrator
13.1 If an arbitrator is replaced, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his/her functions, unless the arbitral tribunal decides otherwise.

Section IV. ARBITRAL PROCEEDINGS

Article 14 - General Provisions
14.1 The arbitral tribunal shall adopt suitable procedures for the conduct of the arbitration, in order to avoid unnecessary delay or expenses, provided that such procedures ensure equal treatment of the parties and afford the parties a reasonable opportunity to be heard and to present their case.

14.2 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 relation to the merits of the dispute, if it so determines or if either party so requests.

14.3 At an early stage of the arbitral proceedings and in consultation with the parties, the arbitral tribunal shall prepare a provisional timetable for the arbitral proceedings, which shall be provided to the parties and, for information, to the HKIAC Secretariat.

14.4 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.

14.5 The arbitral tribunal may, after consulting with the parties, appoint a secretary. Article 11 of these Rules shall apply by analogy to the secretary.

14.6 The arbitral tribunal shall have the power to allow, upon the application of a party, one or more third persons to be joined in the arbitration as a party, provided that such third person or persons and the applicant party have consented to such joinder in writing.

14.7 The parties shall do everything necessary to ensure the fair and efficient conduct of the proceedings.

Article 15 - Seat of the Arbitration
15.1 The seat of all arbitrations conducted under these Rules shall be the Hong Kong Special Administrative Region of the People's Republic of China, unless the parties have expressly agreed otherwise.

15.2 Without prejudice to the determination of the seat of the arbitration, the arbitral tribunal may hear witnesses, oral argument and hold meetings for consultation among its members at any place it deems appropriate, having regard to the circumstances of the arbitration.

15.3 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.

15.4 The award shall be deemed to have been made at the seat of the arbitration.

Article 16 - Language
16.1 Subject to 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.

16.2 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 of the arbitration agreed upon by the parties or determined by the arbitral tribunal.

Article 17 - Statement of Claim
17.1 Unless the Statement of Claim was contained in the Notice of Arbitration (or the Claimant elects to treat the Notice of Arbitration as the Statement of Claim), within a period of time to be determined by the arbitral tribunal, the Claimant shall communicate its 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.

17.2 The Statement of Claim shall include the following particulars:

  • the names and addresses of the parties;
  • a statement of the facts supporting the claim;
  • the points at issue;
  • the relief or remedy sought.

17.3 The Claimant shall annex to its Statement of Claim the documents on which it relies.

Article 18 - Statement of Defence
18.1 Within a period of time to be determined by the arbitral tribunal and unless the Statement of Defence was contained in the Answer to the Notice of Arbitration, the Respondent shall communicate its Statement of Defence in writing to the Claimant and to each of the arbitrators.

18.2 The Statement of Defence shall reply to the particulars (b), (c) and (d) of the Statement of Claim (Article 17.2). If the Respondent has raised an objection to the jurisdiction or to the proper constitution of the arbitral tribunal, the Statement of Defence shall contain the factual and legal basis of such objection. The Respondent shall annex to its Statement of Defence the documents on which it relies for its defence.

18.3 Where there is a counterclaim or a claim relied on for the purpose of a set-off, the Statement of Defence shall include the following particulars:

  • a statement of the facts supporting the claim;
  • the points at issue;
  • the relief or remedy sought.

Article 19 - Amendments to the Claim or Defence
19.1 During the course of the arbitral proceedings either party may amend or supplement its 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.

19.2 The HKIAC may adjust its Administrative Fees and the Arbitrators' Fees (where appropriate) if a party amends its claims, counterclaims or defences.

Article 20 - Jurisdiction of the Arbitral Tribunal
20.1 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.

20.2 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 20, 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 necessarily entail the invalidity of the arbitration clause.

20.3 A plea that the arbitral tribunal does not have jurisdiction shall be raised if possible in the Answer to the Notice of Arbitration, but shall in no event be raised later than in the Statement of Defence referred to in Article 18, or, with respect to a counterclaim, in the reply to the counterclaim.

Article 21 - Further Written Statements
21.1 The arbitral tribunal shall decide which further written statements, if any, 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 set the periods of time for communicating such statements.

Article 22 - Periods of Time
22.1 The periods of time set by the arbitral tribunal for the communication of written statements (including the Statement of Claim and Statement of Defence) should not exceed 45 days. However, the arbitral tribunal may extend the time limits if it concludes that an extension is justified.

Article 23 - Evidence and Hearings
23.1 Each party shall have the burden of proving the facts relied on to support its claim or defence.

23.2 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 its Statement of Claim or Statement of Defence.

23.3 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. The arbitral tribunal shall have the right to admit or exclude any document, witness evidence or other evidence.

23.4 In the event of an oral hearing, the arbitral tribunal shall give the parties adequate advance notice of the date, time and place thereof.

23.5 Any person may be a witness or an expert witness. If witnesses or expert witnesses are to be heard, each party shall communicate to the arbitral tribunal and to the other party the names and addresses of the witnesses or expert witnesses it intends to present, and the subject upon and the languages in which such witnesses or expert witnesses will give their testimony, within such time as shall be agreed or as shall be specified by the arbitral tribunal.

23.6 The arbitral tribunal may make directions for the translation of oral statements made at a hearing and for a record of the hearing if it deems that either is necessary under the circumstances of the case.

23.7 Hearings shall be held in private unless the parties agree otherwise. The arbitral tribunal may require the retirement of any witness or witnesses or expert witnesses during the testimony of other witnesses or expert witnesses. The arbitral tribunal is free to determine the manner in which witnesses or expert witnesses are examined.

23.8 Evidence of witnesses or expert witnesses may also be presented in the form of written statements or reports signed by them.

23.9 A party, its officers, employees, legal advisors or counsel may interview witnesses, potential witnesses or expert witnesses.

23.10 The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of any matter presented by a party, including as to whether or not to apply strict rules of evidence.

Article 24 - Interim Measures of Protection
24.1 At the request of either party, the arbitral tribunal may order any interim measures it deems necessary or appropriate.

24.2 Such interim measures may be established in the form of an interim award. The arbitral tribunal shall be entitled to order the provision of appropriate security by a party seeking an interim measure.

24.3 A request for interim measures addressed by any party to a court of competent jurisdiction shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.

24.4 The arbitral tribunal shall have discretion to apportion the costs relating to a request for interim measures in an order, an interim award or in the final award.

Article 25 - Tribunal-Appointed Experts
25.1 To assist it in the assessment of evidence, the arbitral tribunal, after consulting with the parties, may appoint one or more experts. The arbitral tribunal may meet privately with any duly appointed expert. Such expert shall report to the arbitral tribunal, 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.

25.2 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.

25.3 Upon receipt of the expert's report, the arbitral tribunal shall send 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.

25.4 At the request of either party the expert, after delivery of the report, shall attend 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 Articles 23.4 to 23.10 shall be applicable to such proceedings.

25.5 The provisions of Article 11 shall apply by analogy to any expert appointed by the arbitral tribunal.

Article 26 - Default
26.1 If, within the period of time set by the arbitral tribunal, the Claimant has failed to communicate its Statement of Claim without showing sufficient cause for such failure, the arbitral tribunal shall issue an order for the termination of the arbitral proceedings unless a Respondent has brought a counterclaim and wishes the arbitration to continue, in which case the tribunal may proceed with the arbitration. If, within the period of time set by the arbitral tribunal, the Respondent has failed to communicate its Statement of Defence without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.

26.2 If one of the parties, duly notified under these Rules, fails to present its case in accordance with these Rules including as directed by the arbitral tribunal, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration and make award(s) accordingly.

Article 27 - Closure of Proceedings
27.1 When it is satisfied that the parties have had a reasonable opportunity to present their cases, the arbitral tribunal shall declare the proceedings closed. Thereafter, no further submission or argument may be made, or evidence produced, unless the tribunal reopens the proceedings in accordance with Article 27.2.

27.2 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 proceedings at any time before the award is made.

Article 28 - Waiver of Rules
28.1 A party who knows or ought reasonably to know that any provision of, or requirement arising under, these Rules (including the agreement to arbitrate) has not been complied with and yet proceeds with the arbitration without promptly stating its objection to such non-compliance, shall be deemed to have waived its right to object.

 

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