applied by the International Commercial Arbitration Court
at the International Committee for Property Protection based on UNCITRAL
(Republic of Cyprus)
Approved at the meeting of the Board of the
International Committee of Property Protection
The Arbitration Rules of the International Commercial Arbitration Court (hereinafter referred to as the “ICAC”) at the International Committee for Property Protection (ICPP) are based on the principles of democratic values such as supremacy of human rights and freedoms, priority of rules of international law over national legal acts of different countries, fairness and legality of judicial practice and delivering judgments, application of progressive legal remedies in case of violation of rights and legal interests of the participants of international economic relations as well as civil, labour and other relations, regulated by contract.
The Arbitration court despite the circumstance that it has been legalized and is situated (represented by the central command unit) in the Republic of Cyprus provides comprehensive arbitral and related legal services, which the interested persons can request freely worldwide. The present Rules are focused on application in any legal system where certain persons are interested in arbitral services notwithstanding the language that is used by them during contacts with other persons and drafting official documents.
During development of the present Rules the arbitration practice formed by summarizing worldwide experience, advanced international principles of dispute settlement, which the UNCITRAL Arbitration Rules, UNCITRAL Model Law on International Commercial Arbitration as well as documents issued by arbitral tribunals or arbitration courts of different countries known due to productive delivering justice contain, were taken into account.
The activity of the ICAC is focused on an effective and fair settlement of disputes arising out of international commercial and other relations regulated by contract where the parties are residents of different countries with different legal, social and economic systems. In this regard the ICAC acts as an international tool of maintenance of law-and-order and protection of rights in the area of economic relations without any territorial, national or political limitations.
Section I. Introductory rules
Article 1. Competence of the arbitral tribunal and scope of application of the Rules
- Where parties have agreed that disputes between them in respect of a defined legal relationship, whether contractual or not, shall be referred to arbitration in the International arbitration court at the International Committee for Property Protection (hereinafter the ICAC at the ICPP) under the UNCITRAL Arbitration Rules, or under the basis of UNCITRAL, such disputes shall then be settled in accordance with these Rules subject to such modification as the parties may agree. An arbitration agreement on reference to the ICAC may be also a statement of claim submitted by the claimant, and a statement of defence or another document submitted by the respondent or an official letter on the appointment of an arbitrator, which contains the consent tosubmission to jurisdiction of the Arbitration court.
- The agreement on the transfer of the dispute to the ICAC can also be made by the arbitration application provided by the plaintiff or other document, a letter of appointment of an arbitrator, which is in fact a consent to the jurisdiction of the Arbitration Court of the submission.
- The ICAC may consider valid a lawsuit initiated by the claimant in accordance with the law derived from international treaties and conventions, if the plaintiff is an individual or a legal person signatory to these treaties and conventions and, if such treaties and conventions directly specify the dispute resolution actors in domestic arbitration and international arbitration.
- The parties to an arbitration agreement shall be presumed to have referred to the Rules in effect on the date of commencement of the arbitration, unless the parties have agreed to apply a particular version of the Rules.
- These Rules shall govern the arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.
- Within the competence of the ICAC fall various economic (commercial and trade), civil, labour and intellectual property disputes between residents of different countries, which are subject to settlement in accordance to the present Rules with amendments which the parties may agree about in writing before the beginning of hearing on the merits, if the parties agreed in the main agreement or independent arbitration agreement that the disputes related to certain contract would be referred to the arbitral tribunal for settlement under the present Rules.
- The present Rules provide for provisions for the arbitration proceedings of the ICAC within the ICPP.
- The ICAC within the ICPP, by applying the procedures provided for by the present Rules may settle the following types of disputes:
6.1 disputes arising out of economic, commercial and trade contracts and agreements;
- disputes arising out of civil relations;
- disputes arising out of investment contracts, incl. agreements on purchase of corporate assets.
- disputes arising out of contracts and agreements in the area of professional sport.
- disputes in the area of intellectual property;
- online disputes and disputes related to the Internet;
- disputes arising out of labour contracts;
- disputes arising from the legal relationship of international treaties and conventions, if one of the parties is resident in a country that has signed such treaties and conventions providing for treatment of subjects in any arbitration, the arbitral tribunal or the arbitration is ad hoc.
- The arbitral tribunal settles disputes, arising out of economic, commercial and trade contracts and contracts where at least one of the parties is a member of the International Committee for Property Protection (ICPP) and/or non-resident of the Republic of Cyprus – a legal entity of a foreign jurisdiction or a natural person – a citizen of a foreign country.
- The ICAC within the ICPP may settle the disputes between residents and non-residents of the Republic of Cyprus arising out of civil and labour relations as well as disputes arising out of contracts and agreements in the area of professional sport unless this is in conflict with the legislation of the countries of their residence.
- The ICAC, based on will of the interested parties, assists in organisation of ad hoc arbitral tribunal in accordance with provisions of Rules of administering arbitrations ad hoc.
- The ICAC within the ICPP, if the interested parties wish, may organise and participate in mediation in accordance with provisions of the ICAC Mediation Rules.
- The ICAC within the ICPP also settles a disputes over standard contractual conditions prepared by one party in advance for general and non-single usage and are factually used without negotiation with the other party on the principles of international commercial contracts UNIDROIT 2010.
Article 2 Notice and calculation of periods of time
- A notice, including a notification, communication or proposal, may be transmitted by any means of communication that provides or allows for a record of its transmission.
- If an address has been designated by a party for this purpose specifically or authorized by the arbitral tribunal, any notice shall be delivered to that party at that address, and if so delivered shall be deemed to have been received. Delivery by electronic means such as facsimile or e-mail may only be made to an address so designated or authorized.
- In the absence of such designation or authorization, a notice is:
a) Received if it is physically delivered to the addressee; or
b) Deemed to have been received if it is delivered at the place of business (that is: actual place of business or actual location area of the headquarter where the company is controlled from and the accounting records are kept), habitual residence or mailing address of the addressee.
4. If, after reasonable efforts, delivery cannot be effected in accordance with paragraphs 2 or 3, a notice is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means that provides a record of delivery or of attempted delivery.
5. A notice shall be deemed to have been received on the day it is delivered in accordance with paragraphs 2, 3 or 4, or attempted to be delivered in accordance with paragraph 4. A notice transmitted by electronic means is deemed to have been received on the day it is sent, except that a notice of arbitration so transmitted is only deemed to have been received on the day when it reaches the addressee’s electronic address.
6. 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 is received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day, which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period.
7. Notice of the arbitral tribunal is obligatory for parties, other participants of proceedings and must be made in the manner provided for by the arbitral tribunal or the Regulation.
Article 3. Notice of arbitration
- The party initiating recourse to arbitration (hereinafter called the “claimant”) in order to take the initiative shall communicate to the other party (hereinafter called the “respondent”) and the Secretariat of the Arbitration Court Tribunal a notice of arbitration.
- Arbitral proceedings shall be deemed to commence on the date of taking the decision on arbitrability by the Legal Chamber of the ICAC and admission of the case.
- The notice of arbitration shall include the following:
a) A demand that the dispute be referred to arbitration;
b) The names and contact details of the parties;
c) Identification of the arbitration agreement that is invoked or another reason for recourse to arbitration;
d) Identification of any contract or other legal instrument out of or in relation to which the dispute arises or, in the absence of such contract or instrument, a brief description of the relevant relationship;
e) A brief description of the claim and an indication of the amount involved, if any;
f) The relief or remedy sought;
g) A proposal as to the number of arbitrators, language and place of arbitration, if the parties have not previously agreed thereon.
4. The notice of arbitration may also include:
a) A proposal for the designation of the International arbitration court (appointing authority), referred to in article 6, paragraph 1;
b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1;
c) Notification of the appointment of an arbitrator referred to in article 9 or 10.
5. The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the sufficiency of the notice of arbitration, which shall be finally resolved by the arbitral tribunal.
Article 4. Response to the notice of arbitration
- Within 14 days of the receipt of the notice of arbitration, the respondent shall communicate to the claimant and to the arbitral tribunal a response to the notice of arbitration, which shall include:
a) The name and contact details of each respondent;
b) A response to the information set forth in the notice of arbitration, pursuant to article 3, paragraphs 3 (c) to (g).
2. The response to the notice of arbitration may also include:
a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction;
b) A proposal for the designation of an appointing authority referred to in article 6, paragraph 1;
c) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1;
d) Notification of the appointment of an arbitrator referred to in article 9 or 10;
e) A brief description of counterclaims or claims for the purpose of a set-off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought;
f) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant;
g) A response to the claim must contain all arguments against the claims of the claimant, response to legal grounds and actual facts of the claim, evidence for the defence as well as other reasoning arising out of the claim.
3. The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the respondent’s failure to communicate a response to the notice of arbitration, or an incomplete or late response to the notice of arbitration, which shall be finally resolved by the arbitral tribunal.
Article 5 Representation and assistance
Each party may be represented or assisted by persons chosen by it. The names and addresses of such persons must be communicated to all parties and to the arbitral tribunal. Such communication must specify whether the appointment is being made for purposes of representation or assistance. Where a person is to act as a representative of a party, the arbitral tribunal, on its own initiative or at the request of any party, may at any time require proof of authority granted to the representative in such a form as the arbitral tribunal may determine.
Article 6 Designating and appointing authorities
- Unless the parties have already agreed on the choice of the International arbitration court (appointing authority), a party may at any time propose the name or names of one or more institutions or persons, including the ICAC and Presiding arbitrator of the Trial Chamber of the International Commercial Arbitration Court at the ICPP (hereinafter called the “ICAC”), one of whom would serve as an appointing authority.
- If all parties have not agreed on the choice of an appointing authority within 14 days after a proposal made in accordance with paragraph 1 has been received by all other parties, any party may request the Presiding arbitrator of the Trial chamber of the ICAC to designate the appointing authority consisting of a sole arbitrator or arbitrators.
- Where these Rules provide for a period of time within which a party must refer a matter to an appointing authority and no appointing authority has been agreed on or designated, the period is suspended from the date on which a party initiates the procedure for agreeing on or designating an appointing authority until the date of such agreement or designation.
- Except as referred to in article 41, paragraph 4, if the appointing authority refuses to act, or if it fails to appoint an arbitrator within 30 days after it receives a party’s request to do so, fails to act within any other period provided by these Rules, or fails to decide on a challenge to an arbitrator within a reasonable time after receiving a party’s request to do so, any party may request the Presiding arbitrator of the Trial chamber of the ICAC at the ICPP to designate a substitute appointing authority.
- In exercising their functions under these Rules, the appointing authority as well as the Chairman of the ICAC within the ICPP may require from any party and the arbitrators the information they deem necessary and they shall give the parties and, where appropriate, the arbitrators, an opportunity to present their views in any manner they consider appropriate. All such communications to and from the appointing authority and the Presiding arbitrator of the Trial chamber of the ICAC shall also be provided by the sender to all other parties.
- When the appointing authority is requested to appoint an arbitrator pursuant to articles 8, 9, 10 or 14, the party making the request shall send to the appointing authority copies of the notice of arbitration and, if it exists, any response to the notice of arbitration.
- The appointing authority shall have regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and shall take into account the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties.
- The arbitral tribunal may take a decision on its jurisdiction, including with regard to any objections concerning existence or validity of the arbitration agreement.
- A plea made on the ground of insufficient competence in resolving the dispute may be made no later than the submission of the statement of defense.
Section II. Composition of the arbitral tribunal
Article 7. Number of arbitrators
- Both claimant and the defendant during the arbitration proceedings shall be entitled to nominate an arbitrator in their behalf out of the recommended list of arbitrators of the ICAC within the ICPP. The selected arbitrates shall choose a third party arbitrator who shall carry the duty of a presiding arbitrator of the arbitral tribunal. If the parties have not previously agreed on the number of arbitrators, and if within 14 days after the receipt by the respondent of the notice of arbitration the parties have not agreed that there shall be only one arbitrator, three arbitrators shall be appointed.
- Notwithstanding paragraph 1, if no other parties have responded to a party’s proposal to appoint a sole arbitrator within the time limit provided for in paragraph 1 and the party or parties concerned have failed to appoint a second arbitrator in accordance with article 9 or 10, the International arbitration court may, at the request of a party, appoint a sole arbitrator pursuant to the procedure provided for in article 8, paragraph 2, if it determines that, in view of the circumstances of the case, this is more appropriate.
Article 8. Appointment of arbitrators
- If the parties have agreed that a sole arbitrator is to be appointed and if within 14 days after receipt by all other parties of a proposal for the appointment of a sole arbitrator the parties have not reached agreement thereon, a sole arbitrator shall, at the request of a party, be appointed by the International arbitration court.
- The International arbitration court shall appoint the sole arbitrator as promptly as possible. In making the appointment, the ICAC shall use the following list-procedure, unless the parties agree that the list-procedure should not be used or unless the ICAC determines in its discretion that the use of the list-procedure is not appropriate for the case:
a) The ICAC shall communicate to each of the parties an identical list containing at least three names;
b) Within 15 days after the receipt of this list, each party may return the list to the ICAC after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference;
c) After the expiration of the above period of time the ICAC shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties;
d) If for any reason the appointment cannot be made according to this procedure, the ICAC may exercise its discretion in appointing the sole arbitrator.
Article 9. Appointment of arbitrators. Further procedures
If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the arbitral tribunal.
- If within 14 days after the receipt of a party’s notification of the appointment of an arbitrator the other party has not notified the first party of the arbitrator it has appointed, the first party may request the ICAC within the ICPP to appoint the second arbitrator.
- If within 14 days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the ICAC in the same way as a sole arbitrator would be appointed under article 8.
Article 10. Appointment of arbitrators. End of the procedure
- For the purposes of article 9, paragraph 1, where three arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties have agreed to another method of appointment of arbitrators, the multiple parties jointly, whether as claimant or as respondent, shall appoint an arbitrator.
- If the parties have agreed that the arbitral tribunal is to be composed of a number of arbitrators other than one or three, the arbitrators shall be appointed according to the method agreed upon by the parties.
- In the event of any failure to constitute the arbitral tribunal under these Rules, the ICAC shall, at the request of any party, constitute the arbitral tribunal and, in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrator.
Article 11. Disclosures by arbitrators
When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, from the time of his or her appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties and the other arbitrators unless they have already been informed by him or her of these circumstances.
Article 12. Arbitratos’ recusal
- Any arbitrator may be recused if such circumstances exist that gave rise to justifiable doubts as to the arbitrator’s impartiality or independence.
- A party may recuse the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made.
- In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility of his or her performing his or her functions, the procedure in respect of the recuse of an arbitrator as provided in article 13 shall apply.
Article 13. Arbitrators’ recusal. Procedure
- A party that intends to ch recuse an arbitrator shall send a notice to the presiding arbitrator of its recusal within 15 days after it has been notified of the appointment of the challenged arbitrator, or within 15 days after the circumstances mentioned in articles 11 and 12 became known to that party.
- The notice of recusal shall be communicated to all other parties, to the arbitrator who is challenged and to the other arbitrators. The notice of recusal shall state the reasons for the recusal.
- Likewise, when an arbitrator has been challenged by a party, the arbitrator may by himself issue a recusal. The arbitrator may also, after the challenge, resign and withdraw from his or her office. Both cases are not acceptable as a valid ground of a recusal.
- If, within 15 days from the date of the notice of the recusal, not all parties agree to the recusal or the challenged arbitrator does not withdraw, the party making the recusal may propose a recusal procedure. In that case, within 30 days from the date of the notice of the recusal, the party may seek a decision on the recusal to be made by the presiding arbitrator of the ICAC.
Article 14. Replacement of an arbitrator
- Subject to paragraph 2, in any event where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in articles 8 to 11 that was applicable to the appointment or choice of the arbitrator being replaced. This procedure shall apply even if during the process of appointing the arbitrator to be replaced, a party had failed to exercise its right to appoint or to participate in the appointment.
- If, at the request of a party, the ICAC determines that, in view of the exceptional circumstances of the case, it would be justified for a party to be deprived of its right to appoint a substitute arbitrator, the ICAC may, after giving an opportunity to the parties and the remaining arbitrators to express their views:
a) appoint the substitute arbitrator; or
b) after the closure of the hearings, authorize the other arbitrators to proceed with the arbitration and make any decision or judgment.
c) if the arbitrational process is complete, and the replacement of the arbitrator is made before the ICAC gave its final decision, then for such judgment, the presiding arbitrator shall notify the parties about the appointment of a new arbitrator and obliges the new arbitrator to provide a decision on the arbitration proceedings within 60 days.
Article 15. Repetition of hearings in the event of the replacement of an arbitrator
- If an arbitrator is replaced in the process of the proceedings, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the arbitral tribunal decides otherwise.
- In the case of the replacement of an arbitrator in a period when the arbitration proceedings are complete, but the decision was not yet given, the newly appointed arbitrator shall provide the decision according to the terms specified in paragraph 2 of the Article 34 of this arbitration rules.
Article 16. Exclusion of liability
- Except in cases of intentional unlawful acts, the parties waive to the fullest extent permitted under the applicable law, any claim against the arbitrators, the International commercial arbitration court and any person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration.
Section III. Arbitral proceedings
Article 17. General provisions
- Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner, as it considers appropriate, provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is given a reasonable opportunity of presenting its case. The arbitral tribunal, in exercising its discretion, shall conduct the proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the parties’ dispute.
- As soon as practicable after its constitution and after inviting the parties to express their views, the arbitral tribunal shall establish the provisional timetable of the arbitration. The arbitral tribunal may, at any time, after inviting the parties to express their views, extend or abridge any period of time prescribed under these Rules or agreed by the parties.
- If at an appropriate stage of the proceedings any party so requests, the arbitral tribunal shall hold hearings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument. In the absence of such a request, the arbitral tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials.
- All communications to the arbitral tribunal by one party shall be communicated by that party to all other parties. Such communications shall be made at the same time, except as otherwise permitted by the arbitral tribunal if it may do so under applicable law.
- The arbitral tribunal may, at the request of any party, allow one or more third persons to be joined in the arbitration as a party provided such person is a party to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties. The arbitral tribunal may make a single judgment or several jdugments in respect of all parties so involved in the arbitration.
Article 17-1. Third parties filing independent claims concerning the subject of the dispute.
- Third parties, who shall file independent claims concerning the subject of the dispute, may intervene in the proceedings before the decision brought by the arbitral tribunal.
- Third parties making independent claims concerning the subject of the dispute, have the rights and obligations of the plaintiff, with the exception of the duty to maintain the claim of a pre-trial settlement.
- If a third party, who is filing an independent claim concerning the subject of the dispute, entered into the case after the trial, the arbitration proceeds in the usual manner on the basis of the Rules, unless the arbitral tribunal decides otherwise.
- The entry of a third party, who files independent claims concerning the subject of the dispute, into a case, or the refusal of such entry is imposed by the arbitrator in the protocol decision.
- Third parties whose interests or rights are affected or may be affected by the arbitration court decision in a particular case, have the right to claim independent demands on the subject of the dispute and to intervene before the final decision is given by the arbitral tribunal by submitting an application to the ICAC within the ICPP and / or a claim to one of the parties of the proceedings.
- The ICAC shall notify the original complainant and the respondent with a copy of the statement of claim of a third party on the adoption of the statement of claim, the union of claims and the entry of a third party in a case.
- Third parties attracted to the arbitration process on the side of the plaintiff or the defendant appear in court on the status of the co-defendants or co-plaintiffs and enjoy all the procedural rights and bear all the responsibilities of the plaintiff or the defendant, that is a Party to the arbitration process.
Article 17-2. Third parties, who do not file independent claims concerning the subject of the dispute.
- Third parties, who do not file independent claims concerning the subject of the dispute, may intervene on the side of the plaintiff or the defendant before the court provides a judicial act, which terminates the proceedings, if the judicial act shall affect their rights or obligations with respect to one of the parties. They may be involved in the case also at the request of a party or on the initiative of the court.
- Third parties, who do not file independent claims concerning the subject of the dispute, enjoy the procedural rights and bear procedural obligations of the parties, except the right to change the grounds or the subject of the claim, increase or decrease the size of the claims, the rejection of the claim, acknowledgment of claim or the settlement agreement, filing a counterclaim, the requirement of enforcement of a judicial act.
- If a third party, which does not file independent claims concerning the subject of the dispute, entered into the case after the trial, the arbitration proceeds in the usual manner on the basis of the Rules, unless the arbitral tribunal decides otherwise.
- The entry of a third party into the case without independent claims concerning the subject of the dispute or of a third party participation in the proceedings or a refusal of such participation, shall be imposed in the protocol decision by the court.
Article 18. Place of arbitration
- If the parties have not previously agreed on the place of arbitration, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case. The decision shall be deemed to have been made at the place of arbitration.
- The arbitral tribunal may meet at any location it considers appropriate for deliberations. Unless otherwise agreed by the parties, the arbitral members may also meet at any location it considers appropriate for any other purpose, including hearings.
Article 19. Language of the proceedings
- Subject to an agreement by the parties, the arbitral tribunal shall, promptly after its appointment, determine the language or languages to be used in the proceedings. This determination shall apply to the statement of claim, the statement of defence, and any further written statements and, if oral hearings take place, to the language or languages to be used in such hearings.
- The arbitral tribunal may order that any documents annexed to the statement of claim or statement of defence, and any supplementary documents or exhibits submitted in the course of the proceedings, delivered in their original language, shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
Article 20. Statement of claim
- The claimant shall communicate its statement of claim in writing to the respondent and to each of the arbitrators within a period of time to be determined by the arbitral tribunal. The claimant may elect to treat its notice of arbitration referred to in article 3 as a statement of claim, provided that the notice of arbitration also complies with the requirements of paragraphs 2 to 4 of this article.
- The statement of claim shall include the following particulars:
a) The names and contact details of the parties;
b) A statement of the facts supporting the claim;
c) The points at issue;
d) The relief or remedy sought;
e) The legal grounds or arguments supporting the claim;
f) The sum in dispute.
3. A copy of any contract or other legal instrument out of or in relation to which the dispute arises and of the arbitration agreement shall be annexed to the statement of claim.
4. The statement of claim should, as far as possible, be accompanied by all documents and other evidence relied upon by the claimant, or contain references to them.
Article 20-1 Counterclaim
- The respondent may file a counterclaim against the claimant, if the claim follows from the same contract.
- The counterclaim must be filed at the same period as the statement of defence or not later than the first session takes place, and it must comply with claim requirements, including in regard of payment of court fees.
- The counterclaim and the initial claim are to be considered simultaneously.
Article 21 Response to the claim or statement of defence
- The respondent shall communicate its response to the claim or statement of defence in writing to the claimant and to each of the arbitrators within a period of time to be determined by the arbitral tribunal. The respondent may elect to treat its response to the notice of arbitration referred to in article 4 as a response to the claim or the statement of defence, provided that the response to the notice of arbitration also complies with the requirements of paragraph 2 of this article.
- The response to the claim or statement of defence shall reply to the particulars (b) to (e) of the statement of claim (art. 20, para. 2). The response to the claim or the statement of defence should, as far as possible, be accompanied by all documents and other evidence relied upon by the respondent, or contains references to them.
- In its responses to the claim or statements of defence, or at a later stage in the arbitral proceedings if the arbitral tribunal decides that the delay was justified under the circumstances, the respondent may make a counterclaim or rely on a claim for the purpose of a set-off provided that the arbitral tribunal has jurisdiction over it.
- The provisions of article 20, paragraphs 2 to 4, shall apply to a counterclaim, a claim under article 4, paragraph 2 (f), and a claim relied on for the purpose of a set-off.
Article 22. Amendments to the claim, the grounds for it, the response to the claim, and to defence
- During the course of the arbitral proceedings, a party may amend or supplement its response to the claim or the claim or defence, including a counterclaim or a claim for the purpose of a set-off, unless the arbitral tribunal considers it inappropriate to allow such amendment or supplement having regard to the delay in making it or prejudice to other parties or any other circumstances. However, a claim, response to the claim or defence, including a counterclaim or a claim for the purpose of a set-off, may not be amended or supplemented in such a manner that the amended or supplemented claim or defence falls outside the jurisdiction of the arbitral tribunal.
Article 23. Pleas as to the jurisdiction of the arbitral tribunal
- The arbitral tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause that forms part of a contract 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 shall not entail automatically the invalidity of the arbitration clause.
- A plea that the arbitral tribunal does not have jurisdiction shall be raised no later than in the statement of defence or, with respect to a counterclaim or a claim for the purpose of a set-off, in the reply to the counterclaim or to the claim for the purpose of a set-off. A party is not precluded from raising such a plea by the fact that it has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.
- The arbitral tribunal may rule on a plea referred to in paragraph 2 either as a preliminary question or in a decision on the merits. The arbitral tribunal may continue the arbitral proceedings and render a decision, notwithstanding any pending challenge to its jurisdiction before a court.
Article 24. Further written statements
- The arbitral tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defence, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements.
Article 25. Periods of time
- The periods of time fixed by the arbitral tribunal for the communication of written statements (including the statement of claim and statement of defence) should not exceed 45 days. However, the arbitral tribunal may extend the time limits if it concludes that an extension is justified.
Article 26. Interim measures
- The arbitral tribunal may, at the request of a party, grant interim measures.
- An interim measure is any temporary measure by which, at any time prior to the issuance of the decision by which the dispute is finally decided, the arbitral tribunal orders a party, for example and without limitation, to:
- a) Maintain or restore the status quo pending determination of the dispute;
- b) Take action that would prevent, or refrain from taking action that is likely to cause, (i) current or imminent harm or (ii) prejudice to the arbitral process itself;
- c) Provide a means of preserving assets out of which a subsequent decision may be satisfied; or
- d) Preserve evidence that may be relevant and material to the resolution of the dispute.
- The party requesting an interim measure under paragraphs 2 (a) to (c) shall satisfy the arbitral tribunal that:
- a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and
- b) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
- With regard to a request for an interim measure under paragraph 2 (d), the requirements in paragraphs 3 (a) and (b) shall apply only to the extent the arbitral tribunal considers appropriate.
- The arbitral tribunal may modify, suspend or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal’s own initiative.
- The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.
- The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the interim measure was requested or granted.
- The party requesting an interim measure may be liable for any costs and damages caused by the measure to any party if the arbitral tribunal later determines that, in the circumstances then prevailing, the measure should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings.
- A request for interim measures addressed by any party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.
Article 27. Evidence
- Each party shall have the burden of proving the facts relied on to support its claim or defence.
- Witnesses, including expert witnesses, who are presented by the parties to testify to the arbitral tribunal on any issue of fact or expertise may be any individual, notwithstanding that the individual is a party to the arbitration or in any way related to a party. Unless otherwise directed by the arbitral tribunal, statements by witnesses, including expert witnesses, may be presented in writing and signed by them.
- 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 arbitral tribunal shall determine.
- The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered.
Article 28. Hearings
- In the event of an oral hearing, the arbitral tribunal shall give the parties adequate advance notice of the date, time and place thereof.
- Witnesses, including expert witnesses, may be heard under the conditions and examined in the manner set by the arbitral tribunal.
- Hearings shall be held in camera unless the parties agree otherwise. The arbitral tribunal may require the retirement of any witness or witnesses, including expert witnesses, during the testimony of such other witnesses, except that a witness, including an expert witness, who is a party to the arbitration shall not, in principle, be asked to retire.
- The arbitral tribunal may direct that witnesses, including expert witnesses, be examined through means of telecommunication that do not require their physical presence at the hearing (such as videoconference).
Article 29. Experts appointed by the arbitral tribunal
- After consultation with the parties, the arbitral tribunal may appoint one or more independent experts to report to it, in writing, on specific issues to be determined by the arbitral tribunal. A copy of the expert’s terms of reference, established by the arbitral tribunal, shall be communicated to the parties.
- The expert shall, in principle before accepting appointment, submit to the arbitral tribunal and to the parties a description of his or her qualifications and a statement of his or her impartiality and independence. Within the time ordered by the arbitral tribunal, the parties shall inform the arbitral tribunal whether they have any objections as to the expert’s qualifications, impartiality or independence. The arbitral tribunal shall decide promptly whether to accept any such objections. After an expert’s appointment, a party may object to the expert’s qualifications, impartiality or independence only if the objection is for reasons of which the party becomes aware after the appointment has been made. The arbitral tribunal shall decide promptly what, if any, action to take.
- The parties shall give the expert any relevant information or produce for his or her inspection any relevant documents or goods that he or she 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.
- Upon receipt of the expert’s report, the arbitral tribunal shall communicate a copy of the report to the parties, which 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 or her report.
- At the request of any party, the expert, after delivery of the report, may be heard at a hearing where the parties shall have the opportunity to be present and to interrogate the expert. At this hearing, any party may present expert witnesses in order to testify on the points at issue. The provisions of article 28 shall be applicable to such proceedings.
Article 30. Consequences of default
- If, within the period of time fixed by these Rules or the arbitral tribunal, without showing sufficient cause:
a) The claimant has failed to communicate its statement of claim, the arbitral tribunal shall issue an order for the termination of the arbitral proceedings, unless there are remaining matters that may need to be decided and the arbitral tribunal considers it appropriate to do so;
b) The respondent has failed to communicate its response to the notice of arbitration or its statement of defence, the arbitral tribunal shall order that the proceedings continue, without treating such failure in itself as an admission of the claimant’s allegations; the provisions of this subparagraph also apply to a claimant’s failure to submit a defence to a counterclaim or to a claim for the purpose of a set-off.
2. If a party, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.
3. If a party, duly invited by the arbitral tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may render a decision on the evidence before it.
Article 31. Closure of hearings
- The arbitral tribunal may inquire of the parties if they have any further proof to offer or witnesses to be heard or submissions to make and, if there are none, it may declare the hearings closed.
- The completion of the hearings and arbitration proceedings are conducted by the members of the arbitration according to a protocol structure as well as in the case of the petition brought by any party, if the party justifies its request and provides evidence, the petition must not intend to delay the procedure.
3. The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own initiative or upon petition of a party, to reopen the hearings at any time before the decision is made.
- At the end of the hearing / end of the proceedings, the arbitration members must pass the prepared case (strung together and numbered) to the Chancery Office of the ICAC immediately, the authority to conclude a decision in writing shall be given only inside the Chancery according to accessible time. The incoming correspondence on the case, after the last hearing and its completion remains without the consideration of the arbitration members, nevertheless shall be stored in a separate file with the arbitration case. The ICAC may respond to such correspondence privately and outside the arbitration on its own initiative.
Article 32 Waiver of right to object
A failure by any party to object promptly to any non-compliance with these Rules or with any requirement of the arbitration agreement shall be deemed to be a waiver of the right of such party to make such an objection, unless such party can show that, under the circumstances, its failure to object was justified.
Section IV. The decision
Article 33. Decisions
- When there is more than one arbitrator, any ruling or decision of the arbitral tribunal shall be made by a majority of the arbitrators.
- In the case of questions of procedure, when there is no majority or when the arbitral tribunal so authorizes, the presiding arbitrator may decide alone, subject to revision, if any, by the arbitral tribunal.
Article 34. Form and effect of the decision
- The arbitral tribunal may make separate decisions on different issues at different times.
- The judgment shall be rendered by the member arbitrators within 60 days of the completion of the arbitration proceedings. In the case of complicated cases and complex decision, the arbitrator shall have the right to determine the date of the judgment, however no later than four months after the end of the arbitration proceedings. In exceptional cases, upon reasonable request of arbitration, the Chairman of the ICAC may extend the term of the decision in the case until twelve months after the completion of the arbitration.
- All the decisions shall be made in writing and shall be final and binding on the parties. The parties shall obligatory carry out all the judgments without any delay or within a period established by the court.
- The arbitral tribunal shall state the reasons upon which the decision is based, except in cases where the parties have agreed that the decision should not be motivated.
- The decision shall be signed by the arbitrators and contain an indication of the date on which the decision was rendered and the place where the arbitration was held. If there is more than one arbitrator, and one of them fails to sign the decision, then the decision must contain a reason for the absence of the signature.
- The decision may be published with the consent of all parties or where the public disclosure of information of the decision is required from the parties as a result of the legal obligation to protect or preserve the legal rights, or in connection with the ongoing legal proceedings before a court or other competent authority.
- The copies of the judgment signed by the arbitrators shall be communicated to the parties by the arbitral tribunal.
- The arbitration decision shall be final and cannot be a subject to appeal.
Article 34-1. Record of the proceedings
- Court hearings as well as actions undertaken during examination and investigation of written or material evidences on-site are placed in the record of the proceedings.
- The following data are indicated in a record of the proceedings:
- date (year, month, day) of the court hearing;
- name of the court considering the claim, composition of the arbitral tribunal;
- case number;
- information about appearance of representatives of the parties, other participants of the proceedings or about the reasons of their absence;
- information about explaining by the court their procedural rights and obligations to the parties, other participants of the proceedings;
- oral statements and motions of the parties, other participants of the proceedings;
- oral explanations by legal experts of their conclusions and answers to questions put to them;
3. A record is kept by the court session secretary.
4. Within three days the record of the proceedings is signed by the sole arbitrator or by the presiding arbitrator and by the court session secretary.
5. The parties and other participants of the proceedings may make themselves familiar with records of the proceedings and submit their written remarks about mistakes made in the records or about its incompleteness within five days after their signing. All remarks are attached to the case in all instances.
6. The arbitral tribunal examines the remarks to the records within five days of the date of their submission and gives a ruling based on them about acceptance of remarks or their rejection.
7. At the request of at least one participant of the arbitration proceedings when reviewing the merits of the case or at the request of the arbitral tribunal the court hearing is recorded by a sound recorder.
8. In case of default of appearance at hearing of all participants of the proceedings the recording of the hearing with help of a sound recorder does not occur.
9. The playback of a sound record of the proceeding occurs at court hearings when the case is considered by the arbitral tribunal as well as when the remarks to the record of the proceedings at the request of the parties or at the request of the tribunal.
10. A record of the proceedings is an additional evidence confirming factual background, conclusions and reasoning of the arbitral tribunal when taking a court decision.
Article 35. Applicable law, “amiable compositeur”
- The arbitral tribunal shall apply the rules of law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the arbitral tribunal shall apply the law which it determines to be appropriate.
- The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorized the arbitral tribunal to do so.
- In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract, if any, and shall take into account any usage of trade applicable to the transaction.
Article 36. Settlement or other grounds for termination
- If, before the decision is rendered, the parties agree on a settlement of the dispute, the arbitral tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by the parties and accepted by the arbitral tribunal, record the settlement in the form of an arbitral decision on agreed terms. The arbitral tribunal is not obliged to give reasons for such a decision.
- If, before the decision is rendered, the continuation of the arbitral proceedings becomes unnecessary or impossible for any reason not mentioned in paragraph 1, the arbitral tribunal shall inform the parties of its intention to issue an order for the termination of the proceedings. The arbitral tribunal shall have the power to issue such an order unless there are remaining matters that may need to be decided and the arbitral tribunal considers it appropriate to do so.
- Copies of the order for termination of the arbitral proceedings or of the arbitral decision on agreed terms, signed by the arbitrators, shall be communicated by the arbitral tribunal to the parties. Where an arbitral decision on agreed terms is rendered, the provisions of article 34, paragraphs 2, 4 and 5, shall apply.
Article 37. Interpretation of the decision.
- Within 30 days after the receipt of the decision, a party, with notice to the other parties, may request that the arbitral tribunal give an interpretation of the decision.
- The interpretation shall be given in writing within 45 days after the receipt of the request. The interpretation shall form part of the decision and the provisions of article 34, paragraphs 2 to 6, shall apply.
Article 38. Correction of the judgment.
- Within 30 days after the receipt of the decision, a party, with notice to the other parties, may request the arbitral tribunal to correct in the decision any error in computation, any clerical or typographical error, or any error or omission of a similar nature. If the arbitral tribunal considers that the request is justified and essential, it shall make the correction within 45 days of receipt of the request.
- Within 45 days after the announcement of an arbitral decision of the case, the tribunal may make such corrections on its own initiative.
- Such corrections shall be in writing and shall form part of the decision. The provisions of article 34, paragraphs 2 to 6, shall apply.
Article 39. Additional ruling.
- Within 30 days after the decision was received, either party, with notice to the other parties, may request the arbitral tribunal to conclude a judgment or an additional decision concerning the claims that were presented in the arbitral proceedings, but on which no decisions were taken by the arbitral tribunal.
- If the arbitral tribunal considers the request for a decision or additional judgment to be justified, it shall render or complete its decision within 60 days after the receipt of the request. The arbitral tribunal may extend, if necessary, the period of time within which it shall make the decision.
- When such a decision or additional ruling is made, the provisions of article 34, paragraphs 2 to 6, shall apply.
Article 40. Definition of costs
- The arbitral tribunal shall determine the costs of arbitration net of the arbitration fee in the final judgment and, if it deems it appropriate, any other decision.
- The term “costs” includes only:
a) The fees of the arbitral tribunal to be stated separately as to each arbitrator and to be fixed by the tribunal itself in accordance with article 41;
b) The reasonable travel and other expenses incurred by the arbitrators;
c) The reasonable costs of expert advice and of other assistance required by the arbitral tribunal;
d) The reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal;
e) The legal and other costs incurred by the parties in relation to the arbitration to the extent that the arbitral tribunal determines that the amount of such costs is reasonable;
f) Any fees and expenses of the International Commercial Arbitration Court as well as the fees and expenses of the Presiding arbitrator of the ICAC and Secretariat of the International Committee for Property Protection connected with hearing of the case.
3. In relation to interpretation, correction or completion of any decision under articles 37 to 39, the arbitral tribunal may charge the costs referred to in paragraphs 2 (b) to (f), but no additional fees.
Article 40-1. Value of a claim
- The value of a claim is:
- a) in money recovery suits – the amount claimed by the claimant;
- b) in recovery of property suits – value of the property.
- In arbitration proceedings containing several claims, the value of each claim must be determined separately. In this case, the value of a claim is the sum of all claims.
- If the claimant has not determined or has determined improperly the value of a claim, the arbitral tribunal determines the value of the claim based on data available on its own initiative or on request of the respondent.
Article 41. Arbitral fees and expenses of arbitrators
- The arbitration fee, when claims are brought to the Tribunal, are governed by a separate Regulation of ICAC “Fee Regulation”, which is approved by the ICPP Board by each calendar year.
- The amount of the fees and expenses of the arbitrators shall be reasonable, taking into account the amount of the dispute, the complexity of the subject matter, the time spent by the arbitrators and any other relevant circumstances, and based on the standards and recommendations of the Regulation on fees and the fees of the ICAC, which is approved by the ICPP Board by every calendar year.
- The ICAC within the ICPP uses a specific method for determining the fees of the arbitrators, including the extent to which it considers appropriate in the circumstances of the case.
- Immediately after the formation of the arbitral tribunal, the parties shall have the right to require the ICAC the proposed methodology for determining the fees and expenses of the members of the arbitral panel, including any rates, which it intends to apply. Within 15 days after reviewing the procedure, any party may submit comments and objections to the Chairman of the Tribunal, or the President of the International Committee of Propery (ICPP). If ,within 45 days after such transmission, the chairman of the Tribunal or the ICPP President determines that the proposal of the arbitral tribunal is not in accordance with paragraph 2 of Article 41, both have the right to make any necessary amendments, on the basis of the characteristics of a particular process, which have binding arbitration.
- Drawing up the methodology of fee calculation and expenses of the members of the arbitral panel, which have been established in accordance with paragraph 2 of Article 41, the arbitral tribunal shall explain as to parties at their request how the respective amounts have been calculated;
- If the chairman of the Tribunal or the President of the ICPP determine that the fees and expenses calculated by the arbitration court do not comply (and any amended) with paragraph 3 or otherwise, are clearly too high, then within 45 days after such transfer, the decision of the Court may be amended, any necessary adjustments will be made to ensure that it meets the criteria in paragraph 2 of Art. 41. Such amendments shall be binding upon the arbitral tribunal;
- Any such amendments included by the arbitral tribunal in its decision, or decision that are already complete, are issued by a separate decree, to which the procedural provisions of paragraph 3 of Article 38 apply.
- For the application of the procedure provided for in paragraphs 3 and 4 of this Article, the arbitral tribunal shall continue the arbitration proceedings in accordance with paragraph 1 of Article 17.
- The review of the objections made to the charging of fees in accordance with paragraphs 4 and 6 of Article 41 does not affect any determination in the decision other than the establishment of charges, fees and expenses of the arbitral tribunal, nor preclude the recognition and enforcement of all the provisions of the decision, in addition to the determination of charges, fees and expenses.
Article 42. Allocation of costs
- The costs of the arbitration shall in principle be borne by the unsuccessful party or parties. However, the arbitral tribunal may apportion each of such costs between the parties if it determines that apportionment is reasonable, taking into account the circumstances of the case.
- The arbitral tribunal shall in the final ruling or, if it deems appropriate, in any other decision, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs.
- In respect of costs, any party may use a trustee (Escrow) current ICPP account by written request to the Tribunal.
Article 43. Deposit of costs
- The arbitral tribunal, on its establishment, may request the parties to deposit an equal amount as an advance for the costs referred to in article 40, paragraphs 2 (a) to (c).
- During the course of the arbitral proceedings the arbitral tribunal may request supplementary deposits from the parties.
- If the ICAC has been agreed upon or designated, and when a party so requests and the ICAC consents to perform the function, the arbitral tribunal shall fix the amounts of any deposits or supplementary deposits only after consultation with the appointing authority, which may make any comments to the arbitral tribunal that it deems appropriate concerning the amount of such deposits and supplementary deposits.
- If the required deposits are not paid in full within 30 days after the receipt of the request, the arbitral tribunal shall so inform the parties in order that one or more of them may make the required payment. If such payment is not made, the arbitral tribunal may order the suspension or termination of the arbitral proceedings.
- After a termination order or final ruling has been made, the arbitral tribunal shall render an accounting to the parties of the deposits received and return any unexpended balance to the parties.
Article 44. Exclusion of liability
- Neither the ICAC at the ICPP nor any of arbitrators of the arbitral tribunal who settled a specific dispute, will not be liable to any of the parties for any actions or omission in connection with any arbitral proceeding tried under the present Rules, except those cases where according to the official law obligatory applicable to the given circumstances separate arbitrators can bear liability for the consequences of a deliberate and guilty law violation.
- Neither the ICAC within the ICPP nor any of arbitrators of the arbitral tribunal, who settled the dispute, is obliged to make any statements to any person in respect of any issue related to the arbitral proceedings, after the final ruling has been made, and if the present Rules don’t provide for legal opportunities for improving the decision or for making a supplementary judgment.
- Neither of parties of the dispute that was arbitrated by the arbitral tribunal of the ICAC within the ICPP is allowed to involve as a witness any of the arbitrators of the arbitral tribunal who settled the dispute or any of the officials of the ICAC in any trial with the same subject of dispute or connected with a fact of the arbitral proceeding held by the tribunal.
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