What Rules of Procedure Is to Be Adopted by the Arbitral Tribunal

(1) The arbitral tribunal may, on its own initiative, correct a typographical, typographical or similar error contained in an arbitral award, provided that such correction is submitted to the court for approval within 30 days of the date of the award. 2. Any request by a Party to correct an error of the type referred to in Article 36(1) or to interpret an arbitral award shall be submitted to the Secretariat within 30 days of receipt of the award by that Party in several copies referred to in Article 3(1). After transmission of the request to the arbitral tribunal, the arbitral tribunal shall grant the other party a short period of not more than 30 days from receipt of the request by that party in order to be able to comment on it. The arbitral tribunal shall submit its decision on the application in draft form to the court no later than 30 days after the expiry of the time limit for receipt of the other party`s observations or such other period as the Court may decide. (3) The decision on the rectification or interpretation of the arbitral award shall take the form of an addendum and shall form an integral part of the prize. Articles 32, 34 and 35 shall apply mutatis mutandis. 4. Where a court refers an arbitral award to the arbitral tribunal, Articles 32, 34 and 35 and this Article 36 shall apply mutatis mutandis to any addendum or award made in accordance with the terms of such an order.

The court may take all necessary measures to enable the arbitral tribunal to comply with the terms of such an order and may fix an advance to cover all additional costs and expenses incurred by the arbitral tribunal and any additional administrative costs incurred by the ICC. 10. In the case of a claim under Article 36(2) of the Rules of Procedure or a Decree pursuant to Article 36(4) of the Rules of Procedure, the Court may fix an advance to cover the additional fees and expenses of the arbitral tribunal and the additional administrative costs of the ICC and make the transmission of such a request to the arbitral tribunal subject to the prior full payment in cash of that advance to the ICC. The Court shall determine, in its sole discretion, the costs of the proceedings following a claim or remission, which shall include the arbitrator`s fees and the ICC`s administrative costs, if it approves the arbitral tribunal`s decision. (8) If an arbitration is terminated prior to the issuance of a final award, the tribunal shall determine the arbitrators` fees and expenses and the ICC`s administrative costs in its sole discretion, taking into account the stage reached by the arbitration and all other relevant circumstances. By entering into an arbitration agreement, the parties agree to refer their dispute to a neutral court to decide on their rights and obligations. Although sometimes described as a form of alternative dispute resolution, arbitration is not the same as mediation or arbitration. A mediator or arbitrator can only recommend results, and the parties can choose whether or not to accept these recommendations.

In contrast, an arbitral tribunal has the power to make decisions that are binding on the parties. The grounds on which an award may be challenged or challenged vary depending on factors such as the terms of the arbitration agreement, the seat of the arbitration, and institutional rules. A court`s findings of fact can rarely be challenged. However, if the court did not behave properly, did not answer questions that it should not have answered, or, in some cases, erred in law, a party may apply for the award to be set aside or be referred back to the court for its decision correctly. The arbitration will then be conducted in accordance with the agreed procedure. (1) When confirming or appointing arbitrators, the tribunal shall take into account the nationality, domicile and other relations of the potential arbitrator with the countries of which the parties or other arbitrators are nationals, as well as the availability and ability of the potential arbitrator to conduct the arbitration in accordance with the Rules. The same shall apply where the Secretary-General confirms the arbitrators in accordance with article 13, paragraph 2. (2) The Secretary-General may, as co-arbitrators, sole arbitrators and presidents of arbitral tribunals, confirm the persons designated by the parties or on the basis of their special agreements, provided that the declaration they have made does not contain any restriction on impartiality or independence or that a declaration qualified as impartiality or independence has not given rise to objections. This confirmation will be communicated to the Court at its next meeting. If the Secretary-General considers that a co-arbitrator, a sole arbitrator or the President of an arbitral tribunal should not be confirmed, the matter shall be referred to the Court.

3. If the Court is to appoint an arbitrator, it shall appoint him on the proposal of a national committee or group of the ICC, as it deems appropriate. If the Court of Justice does not accept the proposal submitted, or if the national committee or working group does not submit the requested proposal within the time limit set by the Court, the Court may reiterate its request, request a proposal from another national committee or group it deems appropriate, or directly designate any person: as it deems appropriate. (4) The tribunal may also appoint directly as arbitrator any person it deems appropriate if: (a) one or more of the parties are a State or can be considered a State entity; (b) The Court considers that it would be appropriate to appoint an arbitrator from a country or territory in which there is no national committee or group; or (c) the President certifies to the Court that there are circumstances which, in the opinion of the President, make a direct appointment necessary and appropriate. (5) The sole arbitrator or the president of the arbitral tribunal shall have a nationality different from that of the parties. However, in appropriate circumstances and provided that neither party objects within the time limit set by the Court, the sole arbitrator or the president of the arbitral tribunal may be chosen in a country of which one of the parties is a national. (1) If an arbitrator becomes unable or unable to perform his or her duties, the procedure for disqualifying arbitrators under Rule 9 applies. 1. A challenge by an arbitrator, whether on alleged grounds of impartiality or independence or for other reasons, shall be submitted in writing to the Secretariat setting out the facts and circumstances on which the challenge is based.

(2) For a challenge to be admissible, it must be contested by a party either within 30 days after that party receives notice of appointment or confirmation of appointment or confirmation of the appointment or confirmation of the arbitrator, or within 30 days after the date on which the party raising the challenge is concerned about the facts and circumstances on which the challenge is based: if that date is later than the date of receipt of such a communication [...].

  • 我的微信
  • 这是我的微信扫一扫
  • weinxin
  • 我的微信公众号
  • 我的微信公众号扫一扫
  • weinxin
avatar