Arbitration is a private and voluntary method of dispute resolution, offering an alternative to going to court. It requires mutual agreement between involved parties to submit their dispute to arbitration, often documented in an “arbitration clause” within the main contract. However, the parties may separately agree to arbitration after a dispute has arisen.
During the arbitration proceedings, a single arbitrator or a panel of arbitrators (usually three in number) acts as a decision-maker, akin to a judge, ensuring a fair and impartial process. Once the arbitration concludes, the arbitrator delivers a final and binding award, settling the dispute between the parties.
To register a new case, please send your application to info@tccadr.org or click the form below.
The following model clauses may be adopted by the parties to a contract who wish to have any future disputes referred to arbitration under the TCC Arbitration Rules:
A. Model arbitration clauses for contracts
1. Model arbitration clause with emergency arbitrator rules
Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination or validity thereof, shall be submitted to TCC ADR Centre and settled by final and binding arbitration in accordance with the TCC Arbitration Rules. Judgment on any award issued under this provision may be entered by any court of competent jurisdiction.
2. Model arbitration clause excluding the emergency arbitrator rules
Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination or validity thereof, shall be submitted to TCCC ADR Centre and settled by final and binding arbitration in accordance with the TCC Arbitration Rules, except that the emergency arbitrator rules shall not apply. Judgment on any award issued under this provision may be entered by any court of competent jurisdiction.
B. Post-dispute arbitration submission agreement
We, the undersigned parties, hereby agree that the dispute concerning [insert a brief and accurate description of the dispute] shall be submitted to TCC ADR Centre and settled by final and binding arbitration in accordance with TCC Arbitration Rules. Judgment on any award issued under this provision may be entered by any court of competent jurisdiction.
C. Recommended additional provisions
Parties may consider the following additional provisions:
1. Appointment of arbitrators
The arbitral tribunal shall be composed of [one or three] arbitrator(s).
2. Appointment of sole arbitrator [Choose one of the following clauses]:
a) A sole arbitrator shall be appointed by agreement of the parties. If the parties have not agreed on the appointment of a sole arbitrator within 30 days of the respondent’s receipt of a notice of arbitration, then, at the request of one of the parties, a sole arbitrator shall be appointed by TCC ADR Centre.
b) A sole arbitrator shall be appointed by TCC ADR Centre.
3. Appointment of three arbitrators [Choose one of the following clauses]:
a) Each party shall be entitled to appoint an arbitrator and the two party-appointed arbitrators shall then appoint a third arbitrator. If either party fails to appoint an arbitrator within 30 days of receiving notice of the appointment of an arbitrator by the other party, TCC ADR Centre shall, at the request of either party, appoint an arbitrator on behalf of the defaulting party. If the first and second arbitrator appointed fail to agree upon a third arbitrator within 30 days of the appointment of the second arbitrator, the third arbitrator shall, at the request of either party, be appointed by TCC ADR Centre.
b) A three-member tribunal shall be appointed by agreement of the parties. If the parties have not agreed on the appointment of the three arbitrators within 30 days of the respondent’s receipt of a notice of arbitration, then, at the request of one of the parties, TCC ADR Centre shall appoint each of the arbitrators and shall designate one of them as the presiding arbitrator.
c) A three-member tribunal shall be appointed by TCC ADR Centre.
4. Place of arbitration and applicable procedural law
The place of arbitration shall be [choose city and country]. The proceedings shall be conducted in accordance with the arbitration law of the place of the arbitration.
5. Language(s) of arbitration
The language(s) of the arbitration proceedings shall be [choose language(s)].
6. Law governing the contract
The contract shall be governed by [choose one of the following]:
a) the substantive law of [choose country]; or
b) the substantive law of [choose country], exclusive of any conflict-of-laws rules that could require the application of any other law.
7. Law governing the arbitration agreement
The arbitration agreement shall be governed by [choose the relevant law].
Payment of fees and costs could be made by bank transfer at the following details:
Account | TCC ADR Centre |
Bank | Bank Al-Falah Limited, DHA Phase V Branch, Lahore, Pakistan |
Account number | 09601008103213 |
IBAN | PK96ALFH0960001008103213 |
Currency | PKR |
Note:
It is important to include the name of the payer and, if applicable, the case reference to the payment for its prompt and accurate crediting. A copy of the proof of payment should be provided, so that the respective transfer is located in the TCC’s accounts.
All payments must be free of any charges that may occur at the sending and/or receiving bank. TCC shall bear no responsibility with regards to any currency conversions that might be applied by the sending and/or the receiving bank or to any currency fluctuations, which might overall affect the payment of fees and costs.
ARBITRATION RULES OF THE TCC ADR CENTRE 1st Edition (01 January 2024) |
Preamble:
Suggested Clause:
The following model clause may be
adopted by the parties to a contract who wish to refer any future disputes to
arbitration in accordance with these Rules:
“Any dispute, controversy,
difference or claim arising out of or relating to this contract, including the
existence, validity, interpretation, performance, breach or termination thereof
or any dispute regarding non-contractual obligations arising out of or relating
to it shall be referred to and finally resolved by arbitration administered by
the TCC ADR Centre (TCC) under the TCC Rules in force when the Notice of
Arbitration is submitted. * The law applicable to the merits of the dispute
shall be.....The seat of arbitration shall be ….. [Lahore]. ** The number of
arbitrators shall be ... (one or three). The arbitration proceedings shall be
conducted in ... (insert language). ”
1. Scope
of Application and Interpretation
1.1 Where
the parties have agreed to refer their disputes to TCC for arbitration or to
arbitration in accordance with the TCC Rules, the parties shall be deemed to
have agreed that the arbitration shall be conducted pursuant to and administered
by TCC in accordance with these Rules.
1.2 These
Rules shall come into force on 1 January 2024 and, unless otherwise agreed by the
parties, shall apply to any arbitration which is commenced on or after that
date.
1.3 In
these Rules:
“Award” includes a partial, interim or final
award;
“Committee
of the TCC” means a committee consisting of not less than three members of TCC appointed
by the Chair (which may include the Chair);
“Practice Notes” mean the guidelines published
by the Registrar of TCC from time to time to supplement, regulate and implement
these Rules;
“Chair” means the Chair of TCC and includes any
Vice Chair;
“Registrar” means the Registrar of TCC and
includes any Deputy Registrar;
“Rules” means the Arbitration Rules of the TCC
ADR Centre;
“TCC” means the TCC ADR Centre; and
“Tribunal” includes a sole arbitrator or all
the arbitrators where more than one arbitrator is appointed.
Any pronoun in these Rules shall be understood
to be gender-neutral.
Any singular noun shall be understood to refer
to the plural in the appropriate circumstances.
2. Notice and Calculation of Periods of
Time
2.1 For
the purposes of these Rules, any notice, communication or proposal shall be in
writing. Any such notice, communication or proposal may be delivered by hand, registered
post or courier service, or transmitted by any form of electronic communication
(including electronic mail and facsimile), or delivered by any other appropriate
means that provides a record of its delivery. Any notice, communication or
proposal shall be deemed to have been received if it is delivered: (i) to the
addressee personally or to its authorised representative; (ii) to the
addressee’s habitual residence, place of business or designated address; (iii)
to any address agreed by the parties; (iv) according to the practice of the
parties in prior dealings; or (v) if, after reasonable efforts, none of these
can be found, then at the addressee’s last-known residence or place of
business.
2.2 Any
notice, communication or proposal shall be deemed to have been received on the
day it is delivered in accordance with Rule 2.1.
2.3 For
the purpose of calculating any period of time under these Rules, such period
shall begin to run on the day following the day when a notice, communication or
proposal is deemed to have been received. Unless the Registrar or the Tribunal determines
otherwise, any period of time under these Rules is to be
calculated in accordance with Pakistan Standard Time (GMT +5).
2.4 Any
non-business days at the place of receipt shall be included in calculating any
period of time under these Rules. If the last day of any period of time under
these Rules is not a business day at the place of receipt in accordance with
Rule 2.1, the period is extended until the first business day which follows.
2.5 The
parties shall file with the Registrar a copy of any notice, communication or
proposal concerning the arbitral proceedings.
2.6 Except
as provided in these Rules, the Registrar may at any time extend or abbreviate any
time limits prescribed under these Rules.
3.1 A
party wishing to commence an arbitration under these Rules (the “Claimant”)
shall file with the Registrar a Notice of Arbitration which shall include:
a. a
demand that the dispute be referred to arbitration;
b. the
names, addresses, telephone numbers, facsimile numbers and electronic mail
addresses, if known, of the parties to the arbitration and their
representatives, if any;
c. a
reference to the arbitration agreement invoked and a copy of the arbitration agreement;
d. a
reference to the contract or other instrument (e.g. investment treaty) out of
or in relation to which the dispute arises and, where possible, a copy of the
contract or other instrument;
e. a
brief statement describing the nature and circumstances of the dispute,
specifying the relief claimed and, where possible, an initial quantification of
the claim amount;
f. a
statement of any matters which the parties have previously agreed as to the
conduct of the arbitration or with respect to which the Claimant wishes to make
a proposal;
g. a
proposal for the number of arbitrators if not specified in the arbitration
agreement;
h. unless
otherwise agreed by the parties, the nomination of an arbitrator if the
arbitration agreement provides for three arbitrators, or a proposal for a sole
arbitrator if the arbitration agreement provides for a sole arbitrator;
i. any
comment as to the applicable rules of law;
j. any
comment as to the language of the arbitration; and
k. payment
of the requisite filing fee under these Rules.
3.2 The
Notice of Arbitration may also include the Statement of Claim referred to in
Rule 20.2.
3.3 The date of receipt of the complete
Notice of Arbitration by the Registrar shall be deemed to be the date of
commencement of the arbitration. For the avoidance of doubt, the Notice of
Arbitration is deemed to be complete when all the requirements of Rule 3.1 and
Rule 6.1(b) (if applicable) are fulfilled or when the Registrar determines that
there has been substantial compliance with such requirements. TCC shall notify
the parties of the commencement of the arbitration.
3.4 The Claimant shall, at the same time as
it files the Notice of Arbitration with the Registrar, send a copy of the
Notice of Arbitration to the Respondent, and shall notify the Registrar that it
has done so, specifying the mode of service employed and the date of service.
4. Response to the Notice of Arbitration
4.1 The Respondent shall file a Response with
the Registrar within 14 days of receipt of the Notice of Arbitration. The
Response shall include:
a. a
confirmation or denial of all or part of the claims, including, where possible,
any plea that the Tribunal lacks jurisdiction;
b. a
brief statement describing the nature and circumstances of any counterclaim,
specifying the relief claimed and, where possible, an initial quantification of
the counterclaim amount;
c. any
comment in response to any statements contained in the Notice of Arbitration under
Rule 3.1 or any comment with respect to the matters covered in such Rule;
d. unless
otherwise agreed by the parties, the nomination of an arbitrator if the
arbitration agreement provides for three arbitrators or, if the arbitration
agreement provides for a sole arbitrator, comments on the Claimant’s proposal
for a sole arbitrator or a counter-proposal; and
e. payment
of the requisite filing fee under these Rules for any counterclaim.
4.2 The
Response may also include the Statement of Defence and a Statement of
Counterclaim, as referred to in Rule 20.3 and Rule 20.4.
4.3 The
Respondent shall, at the same time as it files the Response with the Registrar,
send a copy of the Response to the Claimant, and shall notify the Registrar
that it has done so, specifying the mode of service employed and the date of
service.
5. Expedited Procedure
5.1 Prior to the constitution of the
Tribunal, a party may file an application with the Registrar for the arbitral
proceedings to be conducted in accordance with the Expedited Procedure under
this Rule, provided that any of the following criteria is satisfied:
a.
the amount in dispute does not
exceed the equivalent amount of -----------------representing the aggregate of
the claim, counterclaim and any defence of set-off;
b.
the parties so agree; or
c.
in cases of exceptional urgency.
The party applying for the
arbitral proceedings to be conducted in accordance with the Expedited Procedure
under this Rule 5.1 shall, at the same time as it files an application for the
proceedings to be conducted in accordance with the Expedited Procedure with the
Registrar, send a copy of the application to the other party and shall notify
the Registrar that it has done so, specifying the mode of service employed and
the date of service.
5.2 Where a party has filed an application
with the Registrar under Rule 5.1, and where the Chair determines, after
considering the views of the parties, and having regard to the circumstances of
the case, that the arbitral proceedings shall be conducted in accordance with
the Expedited Procedure, the following procedure shall apply:
a.
the Registrar may abbreviate any
time limits under these Rules;
b.
the case shall be referred to a sole
arbitrator, unless the Chair determines otherwise;
c.
the Tribunal may, in consultation
with the parties, decide if the dispute is to be decided on the basis of
documentary evidence only, or if a hearing is required for the examination of any
witness and expert witness as well as for any oral argument;
d.
the final Award shall be made within
six months from the date when the Tribunal is constituted unless, in
exceptional circumstances, the Registrar extends the time for making such final
Award; and
e.
the Tribunal may state the reasons
upon which the final Award is based in summary form, unless the parties have
agreed that no reasons are to be given.
5.3 By agreeing to arbitration under these
Rules, the parties agree that, where arbitral proceedings are conducted in
accordance with the Expedited Procedure under this Rule 5, the rules and procedures
set forth in Rule 5.2 shall apply even in cases where the arbitration agreement
contains contrary terms.
5.4 Upon application by a party, and after
giving the parties the opportunity to be heard, the Tribunal may, having regard
to any further information as may subsequently become available, and in
consultation with the Registrar, order that the arbitral proceedings shall no
longer be conducted in accordance with the Expedited Procedure. Where the
Tribunal decides to grant an application under this Rule 5.4, the arbitration
shall continue to be conducted by the same Tribunal that was constituted to
conduct the arbitration in accordance with the Expedited Procedure.
6. Multiple Contracts
6.1 Where there are disputes
arising out of or in connection with more than one contract, the Claimant may:
b.
file a single Notice of Arbitration in respect of all the arbitration
agreements invoked which shall include a statement identifying each contract
and arbitration agreement invoked and a description of how the applicable
criteria under Rule 8.1 are satisfied. The Claimant shall be deemed to have
commenced multiple arbitrations, one in respect of each arbitration agreement
invoked, and the Notice of Arbitration under this Rule 6.1(b) shall be deemed
to be an application to consolidate all such arbitrations pursuant to Rule 8.1.
6.2 Where the Claimant has
filed two or more Notices of Arbitration pursuant to Rule 6.1(a), the Registrar
shall accept payment of a single filing fee under these Rules for all the
arbitrations sought to be consolidated. Where the Committee rejects the
application for consolidation, in whole or in part, the Claimant shall be
required to make payment of the requisite filing fee under these Rules in
respect of each arbitration that has not been consolidated.
6.3 Where the Claimant has
filed a single Notice of Arbitration pursuant to Rule 6.1(b) and the Committee
rejects the application for consolidation, in whole or in part, it shall file a
Notice of Arbitration in respect of each arbitration that has not been
consolidated, and the Claimant shall be required to make
payment of the requisite filing fee under these Rules in respect of each
arbitration that has not been consolidated.
7. Joinder of Additional Parties
7.1 Prior to the
constitution of the Tribunal, a party or non-party to the arbitration may file
an application with the Registrar for one or more additional parties to be
joined in an arbitration pending under these Rules as a Claimant or a Respondent,
provided that any of the following criteria is satisfied:
a. the additional party to
be joined is prima facie bound by the arbitration agreement; or
b. all parties, including the
additional party to be joined, have consented to the joinder of the additional
party.
7.2 An application for
joinder under Rule 7.1 shall include:
a. the case reference
number of the pending arbitration;
c. whether the additional
party is to be joined as a Claimant or a Respondent;
d. the information
specified in Rule 3.1(c) and Rule 3.1(d);
e. if the application is
being made under Rule 7.1(b), identification of the relevant agreement and,
where possible, a copy of such agreement; and
f. a brief statement of
the facts and legal basis supporting the application.
7.3 The party or non-party applying
for joinder under Rule 7.1 shall, at the same time as it files an application
for joinder with the Registrar, send a copy of the application to all parties,
including the additional party to be joined, and shall notify the Registrar
that it has done so, specifying the mode of service employed and the date of
service.
7.4 The Committee shall, after considering the views of all parties, including the
additional party to be joined, and having regard to the circumstances of
the case, decide whether to grant, in whole or in part, any application for
joinder under Rule 7.1. The Committee’s decision to grant an application for joinder under
this Rule 7.4 is without prejudice to
the Tribunal’s power to subsequently decide any question as to its jurisdiction
arising from such decision. The Committee’s decision to reject an application
for joinder under this Rule 7.4, in whole or in part, is without prejudice to
any party’s or non-party’s right to apply to the Tribunal for joinder pursuant
to Rule 7.8.
7.5 Where an application for
joinder is granted under Rule 7.4, the date of receipt of the complete
application for joinder shall be deemed to be the date of commencement of the arbitration
in respect of the additional party.
7.6 Where an application for
joinder is granted under Rule 7.4, the Committee may revoke the appointment of any arbitrators
appointed prior to the decision on joinder. Unless otherwise agreed by all
parties, including the additional party joined, Rule 9 to Rule 12 shall apply
as appropriate, and the respective timelines thereunder shall run from the date
of receipt of the Committee’s decision under Rule 7.4.
7.7 The Committee’s decision to revoke the
appointment of any arbitrator under Rule 7.6 is without prejudice to the
validity of any act done or order or Award made by the arbitrator before his
appointment was revoked.
7.8 After the constitution
of the Tribunal, a party or non-party to the arbitration may apply to the
Tribunal for one or more additional parties to be joined in an arbitration
pending under these Rules as a Claimant or a Respondent, provided that any of
the following criteria is satisfied:
a. the additional party to
be joined is prima facie bound by the arbitration agreement; or
b. all parties, including the
additional party to be joined, have consented to the joinder of the additional party.
Where appropriate, an application to the
Tribunal under this Rule 7.8 may be filed with the Registrar.
7.9 Subject to any specific directions of the Tribunal, the provisions
of Rule 7.2 shall apply, mutatis mutandis, to an application for joinder
under Rule 7.8.
7.10 The Tribunal shall, after giving all parties, including the additional party to be joined,
the opportunity to be heard, and having regard to the circumstances of the
case, decide whether to grant, in whole or in part, any application for joinder
under Rule 7.8. The Tribunal’s decision to grant an application for
joinder under this Rule 7.10 is
without prejudice to its power to subsequently decide any question as to its
jurisdiction arising from such decision.
7.11 Where an application for
joinder is granted under Rule 7.10, the date of receipt by the Tribunal or the
Registrar, as the case may be, of the complete application for joinder shall be
deemed to be the date of commencement of the arbitration in respect of the
additional party.
7.12 Where an application for joinder is granted
under Rule 7.4 or Rule 7.10, any party who has not nominated an arbitrator or otherwise
participated in the constitution of the Tribunal shall be deemed to have waived
its right to nominate an arbitrator or otherwise participate in the
constitution of the Tribunal, without prejudice to the right of such party to
challenge an arbitrator pursuant to Rule 14.
7.13 Where an application for joinder is granted
under Rule 7.4 or Rule 7.10, the requisite filing fee under these Rules shall
be payable for any additional claims or counterclaims.
8. Consolidation
8.1 Prior
to the constitution of any Tribunal in the arbitrations sought to be
consolidated, a party may file an
application with the Registrar to consolidate
two or more arbitrations pending under these Rules into a single arbitration, provided
that any of the following criteria is satisfied in respect of the arbitrations
to be consolidated:
a.
all parties have agreed to the consolidation;
b.
all the claims in the arbitrations are made under the same
arbitration agreement; or
c.
the arbitration agreements are compatible, and: (i) the disputes
arise out of the same legal relationship(s); (ii) the disputes arise out of
contracts consisting of a principal contract and its ancillary contract(s); or
(iii) the disputes arise out of the same transaction or series of transactions.
8.2
An application
for consolidation under Rule 8.1 shall include:
a. the case reference numbers of the
arbitrations sought to be consolidated;
c. the information
specified in Rule 3.1(c) and Rule 3.1(d);
d. if the application is
being made under Rule 8.1(a), identification of the relevant agreement and,
where possible, a copy of such agreement; and
e.
a brief
statement of the facts and legal basis supporting the application.
8.3 The party applying for
consolidation under Rule 8.1 shall, at the same time as it files an application
for consolidation with the Registrar, send a copy of the application to all
parties and shall notify the Registrar that it has done so, specifying the mode
of service employed and the date of service.
8.4 The Committee shall, after considering the views of all parties, and having regard to the
circumstances of the case, decide whether to grant, in whole or in part, any
application for consolidation under Rule 8.1. The Committee’s decision to grant an application for
consolidation under this Rule 8.4 is
without prejudice to the Tribunal’s power to subsequently decide any question
as to its jurisdiction arising from such decision. The Committee’s
decision to reject an application for consolidation under this Rule 8.4, in
whole or in part, is without prejudice to any party’s right to apply to the
Tribunal for consolidation pursuant to Rule 8.7. Any arbitrations that are
not consolidated shall continue as separate arbitrations under these Rules.
8.5 Where the Committee decides
to consolidate two or more arbitrations under Rule 8.4, the arbitrations shall be consolidated into the
arbitration that is deemed by the Registrar to have commenced first, unless
otherwise agreed by all parties or the Committee decides otherwise having regard to
the circumstances of the case.
8.6 Where an application for consolidation is
granted under Rule 8.4, the Committee may revoke the appointment of any
arbitrators appointed prior to the decision on consolidation. Unless otherwise
agreed by all parties, Rule 9 to Rule 12 shall apply as appropriate, and the
respective timelines thereunder shall run from the date of receipt of the Committee’s
decision under Rule 8.4.
8.7 After
the constitution of any Tribunal in the arbitrations sought to be consolidated,
a party may apply to the
Tribunal to consolidate
two or more arbitrations pending under these Rules into a single arbitration,
provided that any of the following criteria is satisfied in respect of the arbitrations
to be consolidated:
a.
all parties have agreed to the consolidation;
b.
all the claims in the arbitrations are made under the same
arbitration agreement, and the same Tribunal has been constituted in each of
the arbitrations or no Tribunal has been constituted in the other arbitration(s);
or
c.
the arbitration agreements are compatible, the same Tribunal has
been constituted in each of the arbitrations or no Tribunal has been
constituted in the other arbitration(s), and: (i) the disputes arise out of the
same legal relationship(s); (ii) the disputes arise out of contracts consisting
of a principal contract and its ancillary contract(s); or (iii) the disputes arise
out of the same transaction or series of transactions.
8.8 Subject
to any specific directions of the Tribunal, the provisions of Rule 8.2 shall
apply, mutatis mutandis, to an application for consolidation under Rule
8.7.
8.9 The
Tribunal shall, after giving all parties
the opportunity to be heard, and having regard to the circumstances of the case, decide whether to grant, in whole
or in part, any application for consolidation under Rule 8.7. The Tribunal’s decision to grant an application for consolidation
under this Rule 8.9 is without
prejudice to its power to subsequently decide any question as to its
jurisdiction arising from such decision. Any arbitrations that are
not consolidated shall continue as separate arbitrations under these Rules.
8.10 Where
an application for consolidation is granted under Rule 8.9, the Committee may
revoke the appointment of any arbitrators appointed prior to the decision on
consolidation.
8.11 The Committee’s decision to revoke the
appointment of any arbitrator under Rule 8.6 or Rule 8.10 is without prejudice
to the validity of any act done or order or Award made by the arbitrator before
his appointment was revoked.
8.12 Where an application for consolidation is
granted under Rule 8.4 or Rule 8.9, any party who has not nominated an
arbitrator or otherwise participated in the constitution of the Tribunal shall
be deemed to have waived its right to nominate an arbitrator or otherwise
participate in the constitution of the Tribunal, without prejudice to the right
of such party to challenge an arbitrator pursuant to Rule 14.
9. Number and Appointment of Arbitrators
9.1 A
sole arbitrator shall be appointed in any arbitration under these Rules unless
the parties have otherwise agreed; or it appears to the Registrar, giving due
regard to any proposals by the parties, that the complexity, the quantum
involved or other relevant circumstances of the dispute, warrants the
appointment of three arbitrators.
9.2 If
the parties have agreed that any arbitrator is to be appointed by one or more
of the parties, or by any third person including by the arbitrators already
appointed, that agreement shall be deemed an agreement to nominate an
arbitrator under these Rules.
9.3 In
all cases, the arbitrators nominated by the parties, or by any third person
including by the arbitrators already appointed, shall be subject to appointment
by the Chair in his
discretion.
9.4 The
Chair shall
appoint an arbitrator as soon as practicable. Any decision by the Chair to appoint an arbitrator under these Rules
shall be final.
9.5 The
Chair may
appoint any nominee whose appointment has already been suggested or proposed by
any party.
9.6 The
terms of appointment of each arbitrator shall be fixed by the Registrar in
accordance with these Rules and any Practice Notes for the time being in force,
or in accordance with the agreement of the parties.
10.1 If
a sole arbitrator is to be appointed, either party may propose to the other
party the names of one or more persons to serve as the sole arbitrator. Where
the parties have reached an agreement on the nomination of a sole arbitrator,
Rule 9.3 shall apply.
10.2 If
within 21 days after the date of commencement of the arbitration, or within the
period otherwise agreed by the parties or set by the Registrar, the parties
have not reached an agreement on the nomination of a sole arbitrator, or if at
any time either party so requests, the Chair shall appoint the sole arbitrator.
11. Three Arbitrators
11.1 If
three arbitrators are to be appointed, each party shall nominate one
arbitrator.
11.2 If
a party fails to make a nomination of an arbitrator within 14 days after
receipt of a party’s nomination of an arbitrator, or within the period
otherwise agreed by the parties or set by the Registrar, the Chair shall proceed to appoint an arbitrator on its behalf.
11.3 Unless
the parties have agreed upon another procedure for appointing the third
arbitrator, or if such agreed procedure does not result in a nomination within
the period agreed by the parties or set by the Registrar, the Chair shall
appoint the third arbitrator, who shall be the presiding arbitrator.
12. Multi-Party
Appointment of Arbitrator(s)
12.1 Where
there are more than two parties to the arbitration, and a sole arbitrator is to
be appointed, the parties may agree to jointly nominate the sole arbitrator. In
the absence of such joint nomination having been made within 28 days of the
date of commencement of the arbitration or within the period otherwise agreed
by the parties or set by the Registrar, the Chair shall appoint the sole arbitrator.
12.2 Where
there are more than two parties to the arbitration, and three arbitrators are
to be appointed, the Claimant(s) shall jointly nominate one arbitrator and the
Respondent(s) shall jointly nominate one arbitrator. The third arbitrator, who
shall be the presiding arbitrator, shall be appointed in accordance with Rule
11.3. In the absence of both such joint nominations having been made within 28
days of the date of commencement of the arbitration or within the period
otherwise agreed by the parties or set by the Registrar, the Chair
shall appoint all three arbitrators
and shall designate one of them to be the presiding arbitrator.
13. Qualifications
of Arbitrators
13.1 Any
arbitrator appointed in an arbitration under these Rules, whether or not
nominated by the parties, shall be and remain at all times independent and impartial.
13.2 In
appointing an arbitrator under these Rules, the Chair shall have due regard to any qualifications
required of the arbitrator by the agreement of the parties and to such
considerations that are relevant to the impartiality or independence of the arbitrator.
13.3 The
Chair shall
also consider whether the arbitrator has sufficient availability to determine
the case in a prompt and efficient manner that is appropriate given the nature
of the arbitration.
13.4 A
nominated arbitrator shall disclose to the parties and to the Registrar any
circumstances that may give rise to justifiable doubts as to his impartiality
or independence as soon as reasonably practicable and in any event before his appointment.
13.5 An
arbitrator shall immediately disclose to the parties, to the other arbitrators
and to the Registrar any circumstances that may give rise to justifiable doubts
as to his impartiality or independence that may be discovered or arise during
the arbitration.
14. Challenge of Arbitrators
14.1 Any
arbitrator may be challenged if circumstances exist that give rise to justifiable
doubts as to the arbitrator’s impartiality or independence or if the arbitrator
does not possess any requisite qualification on which the parties have agreed.
14.2 A
party may challenge the arbitrator nominated by it only for reasons of which it
becomes aware after the appointment has been made.
15.1 A
party that intends to challenge an arbitrator shall file a notice of challenge
with the Registrar in accordance with the requirements of Rule 15.2 within 14
days after receipt of the notice of appointment of the arbitrator who is being
challenged or within 14 days after the circumstances specified in Rule 14.1 or Rule
14.2 became known or should have reasonably been known to that party.
15.2 The
notice of challenge shall state the reasons for the challenge. The date of
receipt of the notice of challenge by the Registrar shall be deemed to be the
date the notice of challenge is filed. The party challenging an arbitrator shall,
at the same time as it files a notice of challenge with the Registrar, send the
notice of challenge to the other party, the arbitrator who is being challenged
and the other members of the Tribunal (or if the Tribunal has not yet been
constituted, any appointed arbitrator), and shall notify the Registrar that it
has done so, specifying the mode of service employed and the date of service.
15.3 The
party making the challenge shall pay the requisite challenge fee under these
Rules in accordance with the applicable Schedule of Fees. If the party making
the challenge fails to pay the challenge fee within the time limit set by the
Registrar, the challenge shall be considered as withdrawn.
15.4 After
receipt of a notice of challenge under Rule 15.2, the Registrar may order a
suspension of the arbitral proceedings until the challenge is resolved. Unless
the Registrar orders the suspension of the arbitral proceedings pursuant to this
Rule 15.4, the challenged arbitrator shall be entitled to continue to
participate in the arbitration pending the determination of the challenge by
the Committee in accordance with Rule 16.
15.5 Where
an arbitrator is challenged by a party, the other party may agree to the
challenge, and the Committee shall remove the arbitrator if all parties agree
to the challenge. The challenged arbitrator may also voluntarily withdraw from
office. In neither case does this imply acceptance of the validity of the
grounds for the challenge.
15.6 If
an arbitrator is removed or withdraws from office in accordance with Rule 15.5,
a substitute arbitrator shall be appointed in accordance with the procedure applicable
to the nomination and appointment of the arbitrator being replaced. This
procedure shall apply even if, during the process of appointing the challenged
arbitrator, a party failed to exercise its right to nominate an arbitrator. The
time limits applicable to the nomination and appointment of the substitute
arbitrator shall commence from the date of receipt of the agreement of the
other party to the challenge or the challenged arbitrator’s withdrawal from
office.
16.1 If,
within seven days of receipt of the notice of challenge under Rule 15, the
other party does not agree to the challenge and the arbitrator who is being
challenged does not withdraw voluntarily from office, the Committee shall
decide the challenge. The Committee may request comments on the challenge from
the parties, the challenged arbitrator and the other members of the Tribunal
(or if the Tribunal has not yet been constituted, any appointed arbitrator), and
set a schedule for such comments to be made.
16.2 If
the Committee accepts the challenge to an arbitrator, the Committee shall
remove the arbitrator, and a substitute arbitrator shall be appointed in
accordance with the procedure applicable to the nomination and appointment of
the arbitrator being replaced. The time limits applicable to the nomination and
appointment of the substitute arbitrator shall commence from the date of the
Registrar’s notification to the parties of the decision by the Committee.
16.3 If
the Committee rejects the challenge to an arbitrator, the challenged arbitrator
shall continue with the arbitration.
16.4 The
Committee’s decision on any challenge to an arbitrator under this Rule 16 shall
be reasoned, unless otherwise agreed by the parties, and shall be issued to the
parties by the Registrar. Any such decision on any challenge by the Committee shall be final.
17. Replacement
of an Arbitrator
17.1 Except
as otherwise provided in these Rules, in the event of the death, resignation,
withdrawal or removal of an arbitrator during the course of the arbitral
proceedings, a substitute arbitrator shall be appointed in accordance with the
procedure applicable to the nomination and appointment of the arbitrator being
replaced.
17.2 In
the event that an arbitrator refuses or fails to act or perform his functions
in accordance with the Rules or within prescribed time limits, or in the event of
any de jure or de facto impossibility by an arbitrator to act or perform his
functions, the procedure for challenge and replacement of an arbitrator
provided in Rule 14 to Rule 16 and Rule 17.1 shall apply.
17.3 The
Chair may, at
his own initiative and in his discretion, remove an arbitrator who refuses or
fails to act or to perform his functions in accordance with the Rules or within
prescribed time limits, or in the event of a de jure or de facto
impossibility of an arbitrator to act or perform his functions, or if the
arbitrator does not conduct or participate in the arbitration with due
diligence and/or in a manner that ensures the fair, expeditious, economical and
final resolution of the dispute. The Chair shall consult the parties and the
members of the Tribunal, including the arbitrator to be removed (or if the
Tribunal has not yet been constituted, any appointed arbitrator) prior to the
removal of an arbitrator under this Rule.
18. Repetition
of Hearings in the Event of Replacement of an Arbitrator
If the sole or presiding arbitrator is replaced
in accordance with the procedure in Rule 15 to Rule 17, any hearings held
previously shall be repeated unless otherwise agreed by the parties. If any
other arbitrator is replaced, any hearings held previously may be repeated at
the discretion of the Tribunal after consulting with the parties. If the
Tribunal has issued an interim or partial Award, any hearings relating solely
to that Award shall not be repeated, and the Award shall remain in effect.
19. Conduct of the Proceedings
19.1 The
Tribunal shall conduct the arbitration in such manner as it considers
appropriate, after consulting with the parties, to ensure the fair,
expeditious, economical and final resolution of the dispute.
19.2 The Tribunal shall determine the relevance,
materiality and admissibility of all evidence. The Tribunal may apply any rules of evidence
in making such determination.
19.3 As
soon as practicable after the constitution of the Tribunal, the Tribunal shall conduct a preliminary meeting
with the parties, in person or by any other means, to discuss the procedures
that will be most appropriate and efficient for the case.
19.4 The
Tribunal may, in its discretion, direct the order of proceedings, bifurcate
proceedings, exclude cumulative or irrelevant testimony or other evidence and
direct the parties to focus their presentations on issues the decision of which
could dispose of all or part of the case.
19.5 Unless
otherwise agreed by the parties, the presiding arbitrator may make procedural
rulings alone, subject to revision by the Tribunal.
19.6 All statements, documents or other
information supplied to the Tribunal and/or the Registrar by a party shall
simultaneously be communicated to the other party.
19.7 The Chair may, at any stage of the
proceedings, request the parties and the Tribunal to convene a meeting to
discuss the procedures that will be most appropriate and efficient for the
case. Such meeting may be conducted in person or by any other means.
20. Submissions
by the Parties
20.1 Unless
the Tribunal determines otherwise, the submission of written statements shall
proceed as set out in this Rule.
20.2 Unless
already submitted pursuant to Rule 3.2, the Claimant shall, within a period of
time to be determined by the Tribunal, send to the Respondent and the Tribunal
a Statement of Claim setting out in full detail:
a. a
statement of facts supporting the claim;
b. the
legal grounds or arguments supporting the claim; and
c. the
relief claimed together with the amount of all quantifiable claims.
20.3 Unless
already submitted pursuant to Rule 4.2, the Respondent shall, within a period
of time to be determined by the Tribunal, send to the Claimant and the Tribunal
a Statement of Defence setting out in full detail:
a.
a statement of facts supporting its defence to the Statement of
Claim;
b.
the legal grounds or arguments supporting such defence; and
c.
the relief claimed.
20.4 If
a Statement of Counterclaim is made, the Claimant shall, within a period of
time to be determined by the Tribunal, send to the Respondent and the Tribunal a
Statement of Defence to Counterclaim setting out in
full detail:
a.
a statement of facts supporting its defence to the Statement of
Counterclaim;
b.
the legal grounds or arguments supporting such defence; and
c.
the relief claimed.
20.5 A
party may amend its claim, counterclaim or other submissions unless the
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 or counterclaim may not be amended in such a
manner that the amended claim or counterclaim falls outside the scope of the
arbitration agreement.
20.6 The
Tribunal shall decide which further submissions shall be required from the
parties or may be presented by them. The Tribunal shall fix the periods of time
for communicating such submissions.
20.7 All
submissions referred to in this Rule shall be accompanied by copies of all supporting
documents which have not previously been submitted by any party.
20.8 If
the Claimant fails within the time specified to submit its Statement of Claim,
the Tribunal may issue an order for the termination of the arbitral proceedings
or give such other directions as may be appropriate.
20.9 If
the Respondent fails to submit its Statement of Defence, or if at any point any
party fails to avail itself of the opportunity to present its case in the
manner directed by the Tribunal, the Tribunal may proceed with the arbitration.
21.1 The
parties may agree on the seat of the arbitration. Failing such an agreement,
the seat of the arbitration shall be Lahore unless the Tribunal determines
otherwise, having regard to all the circumstances of the case.
21.2 The
Tribunal may hold hearings and meetings by any means it considers expedient or
appropriate and at any location it considers convenient or appropriate.
22. Language of the Arbitration
22.1 Unless
otherwise agreed by the parties, the Tribunal shall determine the language to
be used in the arbitration.
22.2 If
a party submits a document written in a language other than the language(s) of
the arbitration, the Tribunal, or if the Tribunal has not been constituted, the
Registrar, may order that party to submit a translation in a form to be
determined by the Tribunal or the Registrar.
23.1 Any
party may be represented by legal practitioners or any other authorised
representatives. The Registrar and/or the Tribunal may require proof of
authority of any party representatives.
23.2 After
the constitution of the Tribunal, any change or addition by a party to its
representatives shall be promptly communicated in writing to the parties, the
Tribunal and the Registrar.
24.1 Unless
the parties have agreed on a documents-only arbitration or as otherwise provided
in these Rules, the Tribunal shall, if either party so requests or the Tribunal
so decides, hold a hearing for the presentation of evidence and/or for oral
submissions on the merits of the dispute, including any issue as to
jurisdiction.
24.2 The
Tribunal shall, after consultation with the parties, set the date, time and
place of any meeting or hearing and shall give the parties reasonable notice.
24.3 If
any party fails to appear at a meeting or hearing without showing sufficient
cause for such failure, the Tribunal may proceed with the arbitration and may
make the Award based on the submissions and evidence before it.
24.4 Unless
otherwise agreed by the parties, all meetings and hearings shall be in private,
and any recordings, transcripts, or documents used in relation to the arbitral
proceedings shall remain confidential.
25.1 Before
any hearing, the Tribunal may require the parties to give notice of the
identity of witnesses, including expert witnesses, whom the parties intend to
produce, the subject matter of their testimony and its relevance to the issues.
25.2 The
Tribunal may allow, refuse or limit the appearance of witnesses to give oral
evidence at any hearing.
25.3 Any
witness who gives oral evidence may be questioned by each of the parties, their
representatives and the Tribunal in such manner as the Tribunal may determine.
25.4 The
Tribunal may direct the testimony of witnesses to be presented in written form,
either as signed statements or sworn affidavits or any other form of recording.
Subject to Rule 25.2, any party may request that such a witness should attend
for oral examination. If the witness fails to attend for oral examination, the
Tribunal may place such weight on the written testimony as it thinks fit,
disregard such written testimony, or exclude such written testimony altogether.
25.5 It
shall be permissible for any party or its representatives to interview any
witness or potential witness (that may be presented by that party) prior to his
appearance to give oral evidence at any hearing.
26. Tribunal-Appointed
Experts
26.1 Unless
otherwise agreed by the parties, the Tribunal may:
a. following
consultation with the parties, appoint an expert to report on specific issues;
and
b. require
a party to give any expert appointed under Rule 26.1(a) any relevant
information, or to produce or provide access to any relevant documents, goods
or property for inspection.
26.2 Any
expert appointed under Rule 26.1(a)
shall submit a report in writing to the Tribunal. Upon receipt of such written
report, the Tribunal shall deliver a copy of the report to the parties and
invite the parties to submit written comments on the report.
26.3 Unless
otherwise agreed by the parties, if the Tribunal considers it necessary or at
the request of any party, an expert appointed under Rule 26.1(a) shall, after
delivery of his written report, participate in a hearing. At the hearing, the
parties shall have the opportunity to examine such expert.
27. Additional
Powers of the Tribunal
27.1 In addition to the powers specified in these Rules,
and assuming there is no conflict with the applicable mandatory law, the
Tribunal shall have the power to:
a.
order the correction of any contract, but only to
the extent required to rectify any mistake which it determines to have been
made by all the parties to that contract. This is subject to the condition that
the proper law of the contract allows such correction;
b.
upon a party’s application, allow one or more third
parties to be joined in the arbitration, provided that such person is a party
to the arbitration agreement, with the written consent of such third party, and
subsequently make one final award or separate awards in respect of all parties;
c.
except as provided in Rules 32.3 and 33.5, extend or
shorten any time limits provided by these Rules;
d.
conduct any enquiries that the Tribunal deems
necessary;
e.
order the parties to allow access to any property
or item for inspection;
f.
order the preservation, storage, sale or disposal
of any property or item which is fully or partly the subject-matter of the
dispute;
g.
order any party to submit copies of any relevant/material
documents in their possession or control for inspection by the Tribunal and the
other parties;
h.
render an award for unpaid arbitration costs;
i.
direct any party to give evidence by affidavit or
in any other form;
j.
direct any party to ensure that arbitral award
including any interim or partial award is not rendered ineffective by the
dissipation of party’s assets;
k.
order any party to provide security for legal or
other costs in any manner the Tribunal deems fit;
l.
order any party to provide security for all or part
of any amount in connection with the dispute in the arbitration;
m. proceed with the arbitration notwithstanding the
failure or refusal of any party to comply with these Rules or with the
Tribunal’s orders or directions or any partial award and to impose such
sanctions deemed appropriate by the Tribunal;
n.
decide any issue not expressly or impliedly raised
in the submissions filed under Rule 17 provided all parties are given adequate
opportunity to make their submissions, oral or written;
o.
determine the law applicable to the arbitral
proceedings; and
p.
determine any claim of legal or other privilege.
28. Jurisdiction
of the Tribunal
28.1 If any party objects to the existence or
validity of the arbitration agreement or to the competence of TCC to administer
an arbitration, before the Tribunal is constituted, the Registrar shall
determine if such objection shall be referred to the Committee. If the
Registrar so determines, the Committee shall decide if it is prima facie satisfied that the
arbitration shall proceed. The arbitration shall be terminated if the Committee
is not so satisfied. Any decision by the Registrar or the Committee that the
arbitration shall proceed is without prejudice to the power of the Tribunal to
rule on its own jurisdiction.
28.2 The
Tribunal shall have the power to rule on its own jurisdiction, including any
objections with respect to the existence, validity or scope of the arbitration
agreement. An arbitration agreement which forms part of a contract shall be
treated as an agreement independent of the other terms of the contract. A decision
by the Tribunal that the contract is null and void shall not entail ipso jure the invalidity of the
arbitration agreement, and the Tribunal shall not cease to have jurisdiction by
reason of any allegation that the contract is non-existent or null and void.
28.3 Any
objection that the Tribunal:
a. does
not have jurisdiction shall be raised no later than in a Statement of Defence
or in a Statement of Defence to a Counterclaim; or
b. is
exceeding the scope of its jurisdiction shall be raised within 14 days after
the matter alleged to be beyond the scope of the Tribunal’s jurisdiction arises
during the arbitral proceedings.
The Tribunal may admit an objection raised by a
party outside the time limits under this Rule 28.3 if it considers the delay
justified. A party is not precluded from raising an objection under this Rule 28.3
by the fact that it has nominated, or participated in the nomination of, an
arbitrator.
28.4 The
Tribunal may rule on an objection referred to in Rule 28.3 either as a
preliminary question or in an Award on the merits.
28.5 A
party may rely on a claim or defence for the purpose of a set-off to the extent
permitted by these Rules and the applicable law.
29. Early Dismissal of Claims and Defences
29.1 A
party may apply to the Tribunal for the early dismissal of a claim or defence on
the basis that:
a.
a claim or defence is manifestly without legal merit; or
b.
a claim or defence is manifestly outside the jurisdiction of the Tribunal.
29.2 An
application for the early dismissal of a claim or defence under Rule 29.1 shall
state in detail the facts and legal basis supporting the application. The party
applying for early dismissal shall, at the same time as it files the
application with the Tribunal, send a copy of the application to the other party,
and shall notify the Tribunal that it has done so, specifying the mode of
service employed and the date of service.
29.3 The
Tribunal may, in its discretion, allow the application for the early dismissal
of a claim or defence under Rule 29.1 to proceed. If the application is allowed
to proceed, the Tribunal shall, after giving the parties the opportunity to be
heard, decide whether to grant, in whole or in part, the application for early
dismissal under Rule 29.1.
29.4 If
the application is allowed to proceed, the Tribunal shall make an order or Award
on the application, with reasons, which may be in summary form. The order or
Award shall be made within 60 days of the date of filing of the application,
unless, in exceptional circumstances, the Registrar extends the time.
30. Interim Relief
30.1 The
Tribunal may, at the request of a party, issue an order or an Award granting an
injunction or any other interim relief it deems appropriate.
30.2 The
Tribunal may order the party requesting interim relief to provide appropriate
security in connection with the relief sought.
30.3 A
request for interim relief made by a party to a judicial authority prior to the
constitution of the Tribunal, or in exceptional circumstances thereafter, is
not incompatible with these Rules.
31. Applicable Law, Amiable Compositeur and Ex
Aequo et Bono
31.1 The
Tribunal shall apply the law or rules of law designated by the parties as
applicable to the substance of the dispute. Failing such designation by the
parties, the Tribunal shall apply the law or rules of law which it determines
to be appropriate.
31.2 The
Tribunal shall decide as amiable
compositeur or ex aequo et bono
only if the parties have expressly authorised it to do so.
31.3 In
all cases, the Tribunal shall decide in accordance with the terms of the
contract, if any, and shall take into account any applicable usage of trade.
32.1 The
Tribunal shall, as promptly as possible, after consulting with the parties and upon
being satisfied that the parties have no further relevant and material evidence
to produce or submission to make with respect to the matters to be decided in
the Award, declare the proceedings closed. The Tribunal’s declaration that the
proceedings are closed shall be communicated to the parties and to the
Registrar.
32.3 Before
making any Award, the Tribunal shall submit such Award in draft form to the
Registrar. Unless the Registrar extends the period of time or unless otherwise
agreed by the parties, the Tribunal shall submit the draft Award to the
Registrar not later than 45 days from the date on which the Tribunal declares
the proceedings closed. The Registrar may, as soon as practicable, suggest
modifications as to the form of the Award and, without affecting the Tribunal’s
liberty to decide the dispute, draw the Tribunal’s attention to points of
substance. No Award shall be made by the Tribunal until it has been approved by
the Registrar as to its form.
32.4 The
Award shall be in writing and shall state the reasons upon which it is based.
The Tribunal may dispense with the reasons subject to the applicable law and
the parties agreement that no reasons are to be given.
32.5 Unless
otherwise agreed by the parties, the Tribunal may make separate Awards on
different issues at different times.
32.6 If
any arbitrator fails to cooperate in the making of the Award, having been given
a reasonable opportunity to do so, the remaining arbitrators may proceed. The
remaining arbitrators shall provide written notice of such refusal or failure
to the Registrar, the parties and the absent arbitrator. In deciding whether to
proceed with the arbitration in the absence of an arbitrator, the remaining
arbitrators may take into account, among other things, the stage of the
arbitration, any explanation provided by the absent arbitrator for his refusal
to participate and the effect, if any, upon the enforceability of the Award
should the remaining arbitrators proceed without the absent arbitrator. The
remaining arbitrators shall explain in any Award made the reasons for
proceeding without the absent arbitrator.
32.7 Where
there is more than one arbitrator, the Tribunal shall decide by a majority.
Failing a majority decision, the presiding arbitrator alone shall make the Award
for the Tribunal.
32.8 The
Award shall be delivered to the Registrar, who shall transmit certified copies
to the parties upon full settlement of the costs of the arbitration.
32.9 The
Tribunal may award simple or compound interest on any sum which is the subject
of the arbitration at such rates as the parties may have agreed or, in the
absence of such agreement, as the Tribunal determines to be appropriate, in
respect of any period which the Tribunal determines to be appropriate.
32.10 In
the event of a settlement, and if the parties so request, the Tribunal may make
a consent Award recording the settlement. If the parties do not require a
consent Award, the parties shall confirm to the Registrar that a settlement has
been reached, following which the Tribunal shall be discharged and the
arbitration concluded upon full settlement of the costs of the arbitration.
32.11 Subject
to Rule 33, by agreeing to arbitration under these Rules, the parties agree
that any Award shall be final and binding on the parties from the date it is
made, and undertake to carry out the Award immediately and without delay.
32.12 TCC may,
with the consent of the parties and the Tribunal, publish any Award with the
names of the parties and other identifying information redacted.
33. Correction
of Awards, Interpretation of Awards and Additional Awards
33.1 Within
30 days of receipt of an Award, a party may, by written notice to the Registrar
and the other party, request the Tribunal to correct in the Award any error in
computation, any clerical or typographical error or any error of a similar
nature. If the Tribunal considers the request to be justified, it shall make
the correction within 30 days of receipt of the request. Any correction, made
in the original Award or in a separate memorandum, shall constitute part of the
Award.
33.2 The
Tribunal may correct any error of the type referred to in Rule 33.1 on its own
initiative within 30 days of the date of the Award.
33.3 Within
30 days of receipt of an Award, a party may, by written notice to the Registrar
and the other party, request the Tribunal to make an additional Award as to
claims presented in the arbitration but not dealt with in the Award. If the
Tribunal considers the request to be justified, it shall make the additional Award
within 45 days of receipt of the request.
33.4 Within
30 days of receipt of an Award, a party may, by written notice to the Registrar
and the other party, request that the Tribunal give an interpretation of the Award.
If the Tribunal considers the request to be justified, it shall provide the
interpretation in writing within 45 days after receipt of the request. The
interpretation shall form part of the Award.
33.5 The
Registrar may, if necessary, extend the period of time within which the
Tribunal shall make a correction of an Award, interpretation of an Award or an
additional Award under this Rule.
33.6 The
provisions of Rule 32 shall apply in the same manner with the necessary or
appropriate changes in relation to a correction of an Award, interpretation of
an Award and to any additional Award made.
34. Fees
and Deposits
34.1 The Tribunal’s fees and TCC’s fees shall be
ascertained in accordance with the Schedule of Fees in force at the time of
commencement of the arbitration. The parties may agree to alternative methods of
determining the Tribunal’s fees prior to the constitution of the Tribunal.
34.2 The
Registrar shall fix the amount of deposits payable towards the costs of the
arbitration. Unless the Registrar directs otherwise, 50% of such deposits shall
be payable by the Claimant and the remaining 50% of such deposits shall be
payable by the Respondent. The Registrar may fix separate deposits on costs for
claims and counterclaims, respectively.
34.3 Where
the amount of the claim or the counterclaim is not quantifiable at the time
payment is due, a provisional estimate of the costs of the arbitration shall be
made by the Registrar. Such estimate may be based on the nature of the controversy and the circumstances
of the case. This estimate may be adjusted in light of such information as may subsequently
become available.
34.4 The
Registrar may from time to time direct parties to make further deposits towards
the costs of the arbitration.
34.5 Parties
are jointly and severally liable for the costs of the arbitration. Any party is
free to pay the whole of the deposits towards the costs of the arbitration should
the
other party fail to pay its share.
34.6 If a party fails to pay the deposits
directed by the Registrar either wholly or in part:
a. the Tribunal may suspend its work and the
Registrar may suspend TCC’s administration of the arbitration, in whole or in part;
and
b. the Registrar may, after consultation
with the Tribunal (if constituted) and after informing the parties, set a time
limit on the expiry of which the relevant claims or counterclaims shall be
considered as withdrawn without prejudice to the party reintroducing the same
claims or counterclaims in another proceeding.
34.7 In
all cases, the costs of the arbitration shall be finally determined by the
Registrar at the conclusion of the proceedings. If the claim and/or
counterclaim is not quantified, the Registrar shall finally determine the costs
of the arbitration, as set out in Rule 35, in his discretion. The Registrar
shall have regard to all the circumstances of the case, including the stage of
proceedings at which the arbitration concluded. In the event that the costs of the
arbitration determined are less than the deposits made, there shall be a refund
in such proportions as the parties may agree, or failing an agreement, in the
same proportions as the deposits were made.
34.8 All
deposits towards the costs of the arbitration shall be made to and held by TCC.
Any interest which may accrue on such deposits shall be retained by TCC.
34.9 In
exceptional circumstances, the Registrar may direct the parties to pay an
additional fee, in addition to that prescribed in the applicable Schedule of
Fees, as part of TCC’s administration fees.
35.1 Unless
otherwise agreed by the parties, the Tribunal shall specify in the Award the
total amount of the costs of the arbitration. Unless otherwise agreed by the
parties, the Tribunal shall determine in the Award the apportionment of the
costs of the arbitration among the parties.
35.2 The
term “costs of the arbitration” includes:
a. the
Tribunal’s fees and expenses;
b. TCC’s
administration fees and expenses; and
c. the
costs of any expert appointed by the Tribunal and of any other assistance
reasonably required by the Tribunal.
36. Tribunal’s
Fees and Expenses
36.1 The
fees of the Tribunal shall be fixed by the Registrar in accordance with the applicable
Schedule of Fees or, if applicable, with the method agreed by the parties
pursuant to Rule 34.1, and the stage of the proceedings at which the
arbitration concluded. In exceptional circumstances, the Registrar may determine
that an additional fee over that prescribed in the applicable Schedule of Fees shall
be paid.
36.2 The
Tribunal’s reasonable out-of-pocket expenses necessarily incurred and other
allowances shall be reimbursed in accordance with the applicable Practice Note.
37. Party’s
Legal and Other Costs
The Tribunal shall have the authority to order
in its Award that all or a part of the legal or other costs of a party be paid
by another party.
38. Exclusion
of Liability
38.1 Any
arbitrator, any person appointed by the Tribunal, including any administrative
secretary and any expert, the Chair, members of the Committee, and any directors,
officers and employees of TCCC, shall not be liable to any person for any
negligence, act or omission in connection with any arbitration administered by TCC
in accordance with these Rules.
38.2 TCC,
including the Chair, members of the Committee, directors, officers, employees
or any arbitrator, and any person appointed by the Tribunal, including any
administrative secretary and any expert, shall not be under any obligation to
make any statement in connection with any arbitration administered by TCC in
accordance with these Rules. No party shall seek to make the Chair, any member
of the Committee, director, officer, employee of TCC, or any arbitrator, and
any person appointed by the Tribunal, including any administrative secretary
and any expert, act as a witness in any legal proceedings in connection with
any arbitration administered by TCC in accordance with these Rules.
39. Confidentiality
39.1 Unless
otherwise agreed by the parties, a party and any arbitrator, and any person
appointed by the Tribunal, including any administrative secretary and any
expert, shall at all times treat all matters relating to the proceedings and
the Award as confidential. The discussions and deliberations of the Tribunal
shall be confidential.
39.2 Unless
otherwise agreed by the parties, a party or any arbitrator, and any person
appointed by the Tribunal, including any administrative secretary and any expert,
shall not, without the prior written consent of the parties, disclose to a
third party any such matter except:
a. for
the purpose of making an application to any competent court to enforce or
challenge the Award;
b. pursuant
to the order of or a subpoena issued by a court of competent jurisdiction;
c. for
the purpose of pursuing or enforcing a legal right or claim;
d. in
compliance with the provisions of the laws of any State which are binding on
the party making the disclosure or the request or requirement of any regulatory
body or other authority;
e. pursuant
to an order by the Tribunal on application by a party with proper notice to the
other parties; or
f. for
the purpose of any application under Rule 7 or Rule 8 of these Rules.
39.3 In
Rule 39.1, “matters relating to the proceedings” includes the existence of the
proceedings, and the pleadings, evidence and other materials in the arbitral proceedings
and all other documents produced by another party in the proceedings or the Award
arising from the proceedings, but excludes any matter that is otherwise in the
public domain.
39.4 The
Tribunal has the power to take appropriate measures, including issuing an order
or Award for sanctions or costs, if a party breaches the provisions of this
Rule.
40. Decisions of the Chair, the Committee and
the Registrar
40.1 Except
as provided in these Rules, the decisions of the Chair, the Committee and the
Registrar with respect to all matters relating to an arbitration shall be
conclusive and binding upon the parties and the Tribunal. The Chair, the Committee
and the Registrar shall not be required to provide reasons for such decisions,
unless the applicable law requires or the Committee determines otherwise or as
may be provided in these Rules. The parties agree that the discussions and
deliberations of the Committee are confidential.
40.2 Save
in respect of Rule 16.1 and Rule 28.1 or subject to the applicable law, the
parties waive any right of appeal or review in respect of any order of the Chair,
the Committee and the Registrar to any court of competent jurisdiction.
41.1 Any
party that proceeds with the arbitration without promptly raising any objection
to a failure to comply with any provision of these Rules, or of any other rules
applicable to the proceedings, any direction given by the Tribunal, or any
requirement under the arbitration agreement relating to the constitution of the
Tribunal or the conduct of the proceedings, shall be deemed to have waived its
right to object.
41.2 In
all matters not expressly provided for in these Rules, the Chair,
the Court, the Registrar and the Tribunal
shall act in the spirit of these Rules and shall make every reasonable effort
to ensure the fair, expeditious and economical conclusion of the
arbitration and the enforceability of any Award.
41.3 In
the event of any discrepancy or inconsistency between the English version of
these Rules and any other languages in which these Rules are published, the
English version shall prevail.
Schedule of Fees
(All sums stated are in Singapore dollars)
This Schedule of Fees is effective as of 1
January 2024 and is applicable to all arbitrations commenced on or after 1 January
2024.
Administration Fees
The administration fee calculated in
accordance with the Schedule below applies to all arbitrations administered by
SIAC and is the maximum amount payable to SIAC.
Sum in Dispute (S$) |
Administration Fees (S$) |
Up to 50,000 |
|
50,001 to 100,000 |
|
100,001 to 500,000 |
|
500,001 to 1,000,000 |
|
1,000,001 to 2,000,000 |
|
2,000,001 to 5,000,000 |
|
5,000,001 to 10,000,000 |
|
10,000,001 to 50,000,000 |
|
50,000,001 to 80,000,000 |
|
80,000,001 to 100,000,000 |
|
Above 100,000,000 |
|
The administration fee does not include the following:
·
Fees and
expenses of the Tribunal;
·
Usage cost
of facilities and support services for and in connection with any hearing (e.g.
hearing rooms and equipment, transcription and interpretation services); and
·
TCC’s administrative
expenses.
TCC will charge a minimum administration
fee of $---------- payable for all cases, unless the Registrar otherwise
determines.
Arbitrator’s Fees
For arbitrations conducted pursuant to and
administered under these Rules, the fee calculated in accordance with the
Schedule below is the maximum amount payable to each arbitrator, unless the
parties have agreed to an alternative method of determining the Tribunal’s fees
pursuant to Rule 34.1.
Sum in Dispute (S$) |
Arbitrator’s Fees (S$) |
Up to 50,000 |
----- |
50,001 to 100,000 |
|
100,001 to 500,000 |
|
500,001 to 1,000,000 |
|
1,000,001 to 2,000,000 |
|
2,000,001 to 5,000,000 |
|
5,000,001 to 10,000,000 |
|
10,000,001 to 50,000,000 |
|
50,000,001 to 80,000,000 |
|
80,000,001 to 100,000,000 |
|
100,000,001 to 500,000,000 |
|
Above 500,000,000 |
|