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		XML CODING HELP: [ Show XML coding help ] <link>...</link> - identify words as annotation link <link suppress="on"> - add to tag to suppress the display of the branch label in the subscriber pop-up box <linknum>...</linknum> - identify number as annotation link with visual emphasis (existing <link agreementID="?" kyid="?"> tags can be modified with class="paraNum" to add emphasis) <linkimg/> - identify words as annotation image link <reference>...</reference> - identify words as XML reference link <reference type="footnote" target="?"> - link to internal footnote <reference type="footnote2" varType="int -or- char" target="?"> - link to internal footnote (includes []) <reference type="xmlInt" target="?"> - link to internal anchor ID <reference type="xmlExt" target="?" agreementID="?"> - link to anchor ID in different agreement (IDs in list table) (target="?" refers to XML tag id="?" attributes [e.g. Art1.2, AnnexA.1(c), fn3]) OTHER OPTIONS: [ Show other options ] <space/> - place a space between XML tags (i.e. space between links: ...</link><space/><link...) <heading_b>...</heading_b> - identify words as header of a paragraph or text (bold, centered) <heading_b type="id"> - link to internal heading anchor ID <heading_i>...</heading_i> - identify words as header of a paragraph or text (italic, centered) <heading_i type="id"> - link to internal heading anchor ID <heading_n>...</heading_n> - identify words as header of a paragraph or text (normal, centered) <heading_n type="id"> - link to internal heading anchor ID <bold>...</bold> -or- <b>...</b> - identify words as bolded <italic>...</italic> -or- <i>...</i> - identify words as italicized <list><listitem>...</listitem><listitem>...</listitem></list> - identify words as list items <linebrk/> - place a line space <pagebrk/> - place a page break (this will only work when printing the page) <quotation>...</quotation> - place text with smaller font for quotation paragraphs <commentary kyid="" id="" >...</commentary> - Commentary Last modified: 2020-03-10 9:27:42 PM By: Irit Weinfeld Agreement UIN: Agreement Title: XML Editor XML Editor <?xml version="1.0" encoding="ISO-8859-1"?> <document> <doctitle> <link agreementID="170" kyid="1">ICSID ARBITRATION (ADDITIONAL FACILITY) RULES (2006)</link> <subtitle>(in effect since April 10, 2006)</subtitle> </doctitle> <title> <link agreementID="170" kyid="290">Chapter I</link> </title> <subtitle>Introduction</subtitle> <article id="Art1" tocdepth="1" tocdesc="Article 1 Scope of Application Where the ..."> <title> <link agreementID="170" kyid="291">Article 1</link> </title> <subtitle>Scope of Application</subtitle> <paragraph id="Art1.1">Where the parties to a dispute have agreed that it shall be referred to arbitration under the Arbitration (Additional Facility) Rules, the dispute shall be settled in accordance with these Rules, save that if 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.</paragraph> </article> <title> <link agreementID="170" kyid="292">Chapter II</link> </title> <subtitle>Institution of Proceedings</subtitle> <article id="Art2" tocdepth="1" tocdesc="Article 2 The Request (1) Any State or any ..."> <title> <link agreementID="170" kyid="293">Article 2</link> </title> <subtitle>The Request</subtitle> <paragraph id="Art2.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="294">(1)</link> Any State or any national of a State wishing to institute arbitration proceedings shall send a request to that effect in writing to the Secretariat at the seat of the Centre. It shall be drawn up in an official language of the Centre, shall be dated and shall be signed by the requesting party or its duly authorized representative.</paragraph> <paragraph id="Art2.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="295">(2)</link> The request may be made jointly by the parties to the dispute.</paragraph> </article> <article id="Art3" tocdepth="1" tocdesc="Article 3 Contents of the Request (1) The ..."> <title> <link agreementID="170" kyid="296">Article 3</link> </title> <subtitle>Contents of the Request</subtitle> <paragraph id="Art3.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="297">(1)</link> The request shall:</paragraph> <paragraph> <paragraph id="Art3.(1)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="298">(a)</link> designate precisely each party to the dispute and state the address of each;</paragraph> <paragraph id="Art3.(1)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="299">(b)</link> set forth the relevant provisions embodying the agreement of the parties to refer the dispute to arbitration;</paragraph> <paragraph id="Art3.(1)(c)"> <link type="number" class="paraNum" agreementID="170" kyid="300">(c)</link> indicate the date of approval by the Secretary-General pursuant to Article 4 of the Additional Facility Rules of the agreement of the parties providing for access to the Additional Facility;</paragraph> <paragraph id="Art3.(1)(d)"> <link type="number" class="paraNum" agreementID="170" kyid="301">(d)</link> contain information concerning the issues in dispute and an indication of the amount involved, if any; and</paragraph> <paragraph id="Art3.(1)(e)"> <link type="number" class="paraNum" agreementID="170" kyid="302">(e)</link> state, if the requesting party is a juridical person, that it has taken all necessary internal actions to authorize the request.</paragraph> </paragraph> <paragraph id="Art3.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="303">(2)</link> The request may in addition set forth any provisions agreed by the parties regarding the number of arbitrators and the method of their appointment, as well as any other provisions agreed concerning the settlement of the dispute.</paragraph> <paragraph id="Art3.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="304">(3)</link> The request shall be accompanied by five additional signed copies and by the fee prescribed pursuant to Regulation 16 of the Administrative and Financial Regulation of the Centre.</paragraph> </article> <article id="Art4" tocdepth="1" tocdesc="Article 4 Registration of the Request As ..."> <title> <link agreementID="170" kyid="305">Article 4</link> </title> <subtitle>Registration of the Request</subtitle> <paragraph id="Art4.1">As soon as the Secretary-General shall have satisfied himself that the request conforms in form and substance to the provisions of Article 3 of these Rules, he shall register the request in the Arbitration (Additional Facility) Register and on the same day dispatch to the parties a notice of registration. He shall also transmit a copy of the request and of the accompanying documentation (if any) to the other party to the dispute.</paragraph> </article> <article id="Art5" tocdepth="1" tocdesc="Article 5 Notice of Registration The notice ..."> <title> <link agreementID="170" kyid="306">Article 5</link> </title> <subtitle>Notice of Registration</subtitle> <paragraph id="Art5.1">The notice of registration of a request shall:</paragraph> <paragraph> <paragraph id="Art5.1(a)"> <link type="number" class="paraNum" agreementID="170" kyid="307">(a)</link> record that the request is registered and indicate the date of the registration and of the dispatch of the notice;</paragraph> <paragraph id="Art5.1(b)"> <link type="number" class="paraNum" agreementID="170" kyid="308">(b)</link> notify each party that all communications in connection with the proceeding will be sent to the address stated in the request, unless another address is indicated to the Secretariat;</paragraph> <paragraph id="Art5.1(c)"> <link type="number" class="paraNum" agreementID="170" kyid="309">(c)</link> unless such information has already been provided, invite the parties to communicate to the Secretary-General any provisions agreed by them regarding the number and the method of appointment of the arbitrators;</paragraph> <paragraph id="Art5.1(d)"> <link type="number" class="paraNum" agreementID="170" kyid="310">(d)</link> remind the parties that the registration of the request is without prejudice to the powers and functions of the Arbitral Tribunal in regard to competence and the merits; and</paragraph> <paragraph id="Art5.1(e)"> <link type="number" class="paraNum" agreementID="170" kyid="311">(e)</link> invite the parties to proceed, as soon as possible, to constitute an Arbitral Tribunal in accordance with Chapter III of these Rules.</paragraph> </paragraph> </article> <title> <link agreementID="170" kyid="312">Chapter III</link> </title> <subtitle>The Tribunal</subtitle> <article id="Art6" tocdepth="1" tocdesc="Article 6 General Provisions (1) In the ..."> <title> <link agreementID="170" kyid="313">Article 6</link> </title> <subtitle>General Provisions</subtitle> <paragraph id="Art6.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="314">(1)</link> In the absence of agreement between the parties regarding the number of arbitrators and the method of their appointment, the Tribunal shall consist of three arbitrators, one arbitrator appointed by each party and the third, who shall be the President of the Tribunal, appointed by agreement of the parties, all in accordance with Article 9 of these Rules.</paragraph> <paragraph id="Art6.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="315">(2)</link> Upon the dispatch of the notice of registration of the request for arbitration, the parties shall promptly proceed to constitute a Tribunal.</paragraph> <paragraph id="Art6.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="316">(3)</link> The Tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree.</paragraph> <paragraph id="Art6.(4)"> <link type="number" class="paraNum" agreementID="170" kyid="317">(4)</link> If the Tribunal shall not have been constituted within 90 days after the notice of registration of the request for arbitration has been dispatched by the Secretary-General, or such other period as the parties may agree, the Chairman of the Administrative Council (hereinafter called the "Chairman") shall, at the request in writing of either party transmitted through the Secretary-General, appoint the arbitrator or arbitrators not yet appointed and, unless the President shall already have been designated or is to be designated later, designate an arbitrator to be President of the Tribunal.</paragraph> <paragraph id="Art6.(5)"> <link type="number" class="paraNum" agreementID="170" kyid="318">(5)</link> Except as the parties shall otherwise agree, no person who had previously acted as a conciliator or arbitrator in any proceeding for the settlement of the dispute or as a member of any fact-finding committee relating thereto may be appointed as a member of the Tribunal.</paragraph> </article> <article id="Art7" tocdepth="1" tocdesc="Article 7 Nationality of Arbitrators (1) The ..."> <title> <link agreementID="170" kyid="319">Article 7</link> </title> <subtitle>Nationality of Arbitrators</subtitle> <paragraph id="Art7.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="320">(1)</link> The majority of the arbitrators shall be nationals of States other than the State party to the dispute and of the State whose national is a party to the dispute, unless the sole arbitrator or each individual member of the Tribunal is appointed by agreement of the parties. Where the Tribunal is to consist of three members, a national of either of these States may not be appointed as an arbitrator by a party without the agreement of the other party to the dispute. Where the Tribunal is to consist of five or more members, nationals of either of these States may not be appointed as arbitrators by a party if appointment by the other party of the same number of arbitrators of either of these nationalities would result in a majority of arbitrators of these nationalities.</paragraph> <paragraph id="Art7.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="321">(2)</link> Arbitrators appointed by the Chairman shall not be nationals of the State party to the dispute or of the State whose national is a party to the dispute.</paragraph> </article> <article id="Art8" tocdepth="1" tocdesc="Article 8 Qualifications of Arbitrators ..."> <title> <link agreementID="170" kyid="322">Article 8</link> </title> <subtitle>Qualifications of Arbitrators</subtitle> <paragraph id="Art8.1">Arbitrators shall be persons of high moral character and recognized competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgment.</paragraph> </article> <article id="Art9" tocdepth="1" tocdesc="Article 9 Method of Constituting the ..."> <title> <link agreementID="170" kyid="323">Article 9</link> </title> <subtitle>Method of Constituting the Tribunal in the Absence of Agreement Between the Parties</subtitle> <paragraph id="Art9.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="324">(1)</link> If the parties have not agreed upon the number of arbitrators and the method of their appointment within 60 days after the registration of the request, the Secretary-General shall, upon the request of either party promptly inform the parties that the Tribunal is to be constituted in accordance with the following procedure:</paragraph> <paragraph> <paragraph id="Art9.(1)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="325">(a)</link> either party shall, in a communication to the other party:</paragraph> <paragraph> <paragraph id="Art9.(1)(a)(i)"> <link type="number" class="paraNum" agreementID="170" kyid="326">(i)</link> name two persons, identifying one of them, who shall not have the same nationality as nor be a national of either party, as the arbitrator appointed by it, and the other as the arbitrator proposed to be the President of the Tribunal; and</paragraph> <paragraph id="Art9.(1)(a)(ii)"> <link type="number" class="paraNum" agreementID="170" kyid="327">(ii)</link> invite the other party to concur in the appointment of the arbitrator proposed to be the President of the Tribunal and to appoint another arbitrator;</paragraph> </paragraph> <paragraph id="Art9.(1)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="328">(b)</link> promptly upon receipt of this communication the other party shall, in its reply:</paragraph> <paragraph> <paragraph id="Art9.(1)(b)(i)"> <link type="number" class="paraNum" agreementID="170" kyid="329">(i)</link> name a person as the arbitrator appointed by it, who shall not have the same nationality as nor be a national of either party; and</paragraph> <paragraph id="Art9.(1)(b)(ii)"> <link type="number" class="paraNum" agreementID="170" kyid="330">(ii)</link> concur in the appointment of the arbitrator proposed to be the President of the Tribunal or name another person as the arbitrator proposed to be President; and</paragraph> </paragraph> <paragraph id="Art9.(1)(c)"> <link type="number" class="paraNum" agreementID="170" kyid="331">(c)</link> promptly upon receipt of the reply containing such a proposal, the initiating party shall notify the other party whether it concurs in the appointment of the arbitrator proposed by that party to be the President of the Tribunal.</paragraph> </paragraph> <paragraph id="Art9.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="332">(2)</link> The communications provided for in paragraph (1) of this Article shall be made or promptly confirmed in writing and shall either be transmitted through the Secretary-General or directly between the parties with a copy to the Secretary-General.</paragraph> </article> <article id="Art10" tocdepth="1" tocdesc="Article 10 Appointment of Arbitrators and ..."> <title> <link agreementID="170" kyid="333">Article 10</link> </title> <subtitle>Appointment of Arbitrators and Designation of President of Tribunal by the Chairman of the Administrative Council</subtitle> <paragraph id="Art10.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="334">(1)</link> Promptly upon receipt of a request by a party to the Chairman to make an appointment or designation pursuant to Article 6(4) of these Rules, the Secretary-General shall send a copy thereof to the other party.</paragraph> <paragraph id="Art10.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="335">(2)</link> The Chairman shall use his best efforts to comply with that request within 30 days after its receipt. Before he proceeds to make appointments or a designation, he shall consult both parties as far as possible.</paragraph> <paragraph id="Art10.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="336">(3)</link> The Secretary-General shall promptly notify the parties of any appointment or designation made by the Chairman.</paragraph> </article> <article id="Art11" tocdepth="1" tocdesc="Article 11 Acceptance of Appointments (1) ..."> <title> <link agreementID="170" kyid="337">Article 11</link> </title> <subtitle>Acceptance of Appointments</subtitle> <paragraph id="Art11.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="338">(1)</link> The party or parties concerned shall notify the Secretary-General of the appointment of each arbitrator and indicate the method of his appointment.</paragraph> <paragraph id="Art11.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="339">(2)</link> As soon as the Secretary-General has been informed by a party or the Chairman of the appointment of an arbitrator, he shall seek an acceptance from the appointee.</paragraph> <paragraph id="Art11.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="340">(3)</link> If an arbitrator fails to accept his appointment within 15 days, the Secretary-General shall promptly notify the parties, and if appropriate the Chairman, and invite them to proceed to the appointment of another arbitrator in accordance with the method followed for the previous appointment.</paragraph> </article> <article id="Art12" tocdepth="1" tocdesc="Article 12 Replacement of Arbitrators prior ..."> <title> <link agreementID="170" kyid="341">Article 12</link> </title> <subtitle>Replacement of Arbitrators prior to Constitution of the Tribunal</subtitle> <paragraph id="Art12.1">At any time before the Tribunal is constituted, each party may replace any arbitrator appointed by it and the parties may by common consent agree to replace any arbitrator.</paragraph> </article> <article id="Art13" tocdepth="1" tocdesc="Article 13 Constitution of the Tribunal (1) ..."> <title> <link agreementID="170" kyid="342">Article 13</link> </title> <subtitle>Constitution of the Tribunal</subtitle> <paragraph id="Art13.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="343">(1)</link> The Tribunal shall be deemed to be constituted and the proceeding to have begun on the date the Secretary-General notifies the parties that all the arbitrators have accepted their appointment.</paragraph> <paragraph id="Art13.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="344">(2)</link> Before or at the first session of the Tribunal, each arbitrator shall sign a declaration in the following form:</paragraph> <paragraph> <paragraph id="Art13.(2)(a)">"To the best of my knowledge there is no reason why I should not serve on the Arbitral Tribunal constituted with respect to a dispute between ______________________ and ____________________.</paragraph> <paragraph id="Art13.(2)(b)">"I shall keep confidential all information coming to my knowledge as a result of my participation in this proceeding, as well as the contents of any award made by the Tribunal.</paragraph> <paragraph id="Art13.(2)(c)">"I shall judge fairly as between the parties and shall not accept any instruction or compensation with regard to the proceeding from any source except as provided in the Administrative and Financial Regulations of the Centre.</paragraph> <paragraph id="Art13.(2)(d)">"Attached is a statement of</paragraph> <paragraph> <paragraph id="Art13.(2)(d)(i)"> <link type="number" class="paraNum" agreementID="170" kyid="345">(i)</link> my past and present professional, business and other relationships (if any) with the parties and</paragraph> <paragraph id="Art13.(2)(d)(ii)"> <link type="number" class="paraNum" agreementID="170" kyid="346">(ii)</link> any other circumstance that might cause my reliability for independent judgment to be questioned by a party. I acknowledge that by signing this declaration, I assume a continuing obligation promptly to notify the Secretary-General of the Centre of any such relationship or circumstance that subsequently arises during this proceeding."</paragraph> </paragraph> </paragraph> <paragraph>Any arbitrator failing to sign such a declaration by the end of the first session of the Tribunal shall be deemed to have resigned.</paragraph> </article> <article id="Art14" tocdepth="1" tocdesc="Article 14 Replacement of Arbitrators after ..."> <title> <link agreementID="170" kyid="347">Article 14</link> </title> <subtitle>Replacement of Arbitrators after Constitution of the Tribunal</subtitle> <paragraph id="Art14.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="348">(1)</link> After a Tribunal has been constituted and proceedings have begun, its composition shall remain unchanged; provided, however, that if an arbitrator should die, become incapacitated, resign or be disqualified, the resulting vacancy shall be filled as provided in this Article and Article 17 of these Rules.</paragraph> <paragraph id="Art14.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="349">(2)</link> If an arbitrator becomes incapacitated or unable to perform the duties of his office, the procedure in respect of the disqualification of arbitrators set forth in Article 15 shall apply.</paragraph> <paragraph id="Art14.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="350">(3)</link> An arbitrator may resign by submitting his resignation to the other members of the Tribunal and the Secretary-General. If the arbitrator was appointed by one of the parties, the Tribunal shall promptly consider the reasons for his resignation and decide whether it consents thereto. The Tribunal shall promptly notify the Secretary-General of its decision.</paragraph> </article> <article id="Art15" tocdepth="1" tocdesc="Article 15 Disqualification of Arbitrators ..."> <title> <link agreementID="170" kyid="351">Article 15</link> </title> <subtitle>Disqualification of Arbitrators</subtitle> <paragraph id="Art15.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="352">(1)</link> A party may propose to a Tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by Article 8 of these Rules, or on the ground that he was ineligible for appointment to the Tribunal under Article 7 of these Rules.</paragraph> <paragraph id="Art15.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="353">(2)</link> A party proposing the disqualification of an arbitrator shall promptly, and in any event before the proceeding is declared closed, file its proposal with the Secretary-General, stating its reasons therefor.</paragraph> <paragraph id="Art15.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="354">(3)</link> The Secretary-General shall forthwith:</paragraph> <paragraph> <paragraph id="Art15.(3)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="355">(a)</link> transmit the proposal to the members of the Tribunal and, if it relates to a sole arbitrator or to a majority of the members of the Tribunal, to the Chairman; and</paragraph> <paragraph id="Art15.(3)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="356">(b)</link> notify the other party of the proposal.</paragraph> </paragraph> <paragraph id="Art15.(4)"> <link type="number" class="paraNum" agreementID="170" kyid="357">(4)</link> The arbitrator to whom the proposal relates may, without delay, furnish explanations to the Tribunal or the Chairman, as the case may be.</paragraph> <paragraph id="Art15.(5)"> <link type="number" class="paraNum" agreementID="170" kyid="358">(5)</link> The decision on any proposal to disqualify an arbitrator shall be taken by the other members of the Tribunal except that where those members are equally divided, or in the case of a proposal to disqualify a sole arbitrator, or a majority of the arbitrators, the Chairman shall take that decision.</paragraph> <paragraph id="Art15.(6)"> <link type="number" class="paraNum" agreementID="170" kyid="359">(6)</link> Whenever the Chairman has to decide on a proposal to disqualify an arbitrator, he shall use his best efforts to take that decision within 30 days after he has received the proposal.</paragraph> <paragraph id="Art15.(7)"> <link type="number" class="paraNum" agreementID="170" kyid="360">(7)</link> The proceeding shall be suspended until a decision has been taken on the proposal.</paragraph> </article> <article id="Art16" tocdepth="1" tocdesc="Article 16 Procedure during a Vacancy on the ..."> <title> <link agreementID="170" kyid="361">Article 16</link> </title> <subtitle>Procedure during a Vacancy on the Tribunal</subtitle> <paragraph id="Art16.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="362">(1)</link> The Secretary-General shall forthwith notify the parties and, if necessary, the Chairman of the disqualification, death, incapacity or resignation of an arbitrator and of the consent, if any, of the Tribunal to a resignation.</paragraph> <paragraph id="Art16.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="363">(2)</link> Upon the notification by the Secretary-General of a vacancy on the Tribunal, the proceeding shall be or remain suspended until the vacancy has been filled.</paragraph> </article> <article id="Art17" tocdepth="1" tocdesc="Article 17 Filling Vacancies on the Tribunal ..."> <title> <link agreementID="170" kyid="364">Article 17</link> </title> <subtitle>Filling Vacancies on the Tribunal</subtitle> <paragraph id="Art17.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="365">(1)</link> Except as provided in paragraph (2) of this Article, a vacancy resulting from the disqualification, death, incapacity or resignation of an arbitrator shall be promptly filled by the same method by which his appointment had been made.</paragraph> <paragraph id="Art17.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="366">(2)</link> In addition to filling vacancies relating to arbitrators appointed by him, the Chairman shall:</paragraph> <paragraph> <paragraph id="Art17.(2)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="367">(a)</link> fill a vacancy caused by the resignation, without the consent of the Tribunal, of an arbitrator appointed by a party; or</paragraph> <paragraph id="Art17.(2)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="368">(b)</link> at the request of either party, fill any other vacancy, if no new appointment is made and accepted within 45 days of the notification of the vacancy by the Secretary-General.</paragraph> </paragraph> <paragraph id="Art17.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="369">(3)</link> In filling a vacancy the party or the Chairman, as the case may be, shall observe the provisions of these Rules with respect to the appointment of arbitrators. Article 13(2) of these Rules shall apply <italic>mutatis mutandis</italic> to the newly appointed arbitrator.</paragraph> </article> <article id="Art18" tocdepth="1" tocdesc="Article 18 Resumption of Proceeding after ..."> <title> <link agreementID="170" kyid="370">Article 18</link> </title> <subtitle>Resumption of Proceeding after Filling a Vacancy</subtitle> <paragraph id="Art18.1">As soon as a vacancy on the Tribunal has been filled, the proceeding shall continue from the point it had reached at the time the vacancy occurred. The newly appointed arbitrator may, however, require that the oral procedure be recommenced, if this had already been started.</paragraph> </article> <title> <link agreementID="170" kyid="371">Chapter IV</link> </title> <subtitle>Place of Arbitration</subtitle> <article id="Art19" tocdepth="1" tocdesc="Article 19 Limitation on Choice of Forum ..."> <title> <link agreementID="170" kyid="372">Article 19</link> </title> <subtitle>Limitation on Choice of Forum</subtitle> <paragraph id="Art19.1">Arbitration proceedings shall be held only in States that are parties to the 1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards.</paragraph> </article> <article id="Art20" tocdepth="1" tocdesc="Article 20 Determination of Place of ..."> <title> <link agreementID="170" kyid="373">Article 20</link> </title> <subtitle>Determination of Place of Arbitration</subtitle> <paragraph id="Art20.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="374">(1)</link> Subject to Article 19 of these Rules the place of arbitration shall be determined by the Arbitral Tribunal after consultation with the parties and the Secretariat.</paragraph> <paragraph id="Art20.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="375">(2)</link> The Arbitral Tribunal may meet at any place it deems appropriate for the inspection of goods, other property or documents. It may also visit any place connected with the dispute or conduct inquiries there. The parties shall be given sufficient notice to enable them to be present at such inspection or visit.</paragraph> <paragraph id="Art20.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="376">(3)</link> The award shall be made at the place of arbitration.</paragraph> </article> <title> <link agreementID="170" kyid="377">Chapter V</link> </title> <subtitle>Working of the Tribunal</subtitle> <article id="Art21" tocdepth="1" tocdesc="Article 21 Sessions of the Tribunal (1) The ..."> <title> <link agreementID="170" kyid="378">Article 21</link> </title> <subtitle>Sessions of the Tribunal</subtitle> <paragraph id="Art21.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="379">(1)</link> The Tribunal shall meet for its first session within 60 days after its constitution or such other period as the parties may agree. The dates of that session shall be fixed by the President of the Tribunal after consultation with its members and the Secretariat, and with the parties as far as possible. If, upon its constitution, the Tribunal has no President, such dates shall be fixed by the Secretary-General after consultation with the members of the Tribunal, and with the parties as far as possible.</paragraph> <paragraph id="Art21.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="380">(2)</link> Subsequent sessions shall be convened by the President within time limits determined by the Tribunal. The dates of such sessions shall be fixed by the President of the Tribunal after consultation with its members and the Secretariat, and with the parties as far as possible.</paragraph> <paragraph id="Art21.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="381">(3)</link> The Secretary-General shall notify the members of the Tribunal and the parties of the dates and place of the sessions of the Tribunal in good time.</paragraph> </article> <article id="Art22" tocdepth="1" tocdesc="Article 22 Sittings of the Tribunal (1) The ..."> <title> <link agreementID="170" kyid="382">Article 22</link> </title> <subtitle>Sittings of the Tribunal</subtitle> <paragraph id="Art22.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="383">(1)</link> The President of the Tribunal shall conduct its hearings and preside at its deliberations.</paragraph> <paragraph id="Art22.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="384">(2)</link> Except as the parties otherwise agree, the presence of a majority of the members of the Tribunal shall be required at its sittings.</paragraph> <paragraph id="Art22.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="385">(3)</link> The President of the Tribunal shall fix the date and hour of its sittings.</paragraph> </article> <article id="Art23" tocdepth="1" tocdesc="Article 23 Deliberations of the Tribunal (1) ..."> <title> <link agreementID="170" kyid="386">Article 23</link> </title> <subtitle>Deliberations of the Tribunal</subtitle> <paragraph id="Art23.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="387">(1)</link> The deliberations of the Tribunal shall take place in private and remain secret.</paragraph> <paragraph id="Art23.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="388">(2)</link> Only members of the Tribunal shall take part in its deliberations. No other person shall be admitted unless the Tribunal decides otherwise.</paragraph> </article> <article id="Art24" tocdepth="1" tocdesc="Article 24 Decisions of the Tribunal (1) Any ..."> <title> <link agreementID="170" kyid="389">Article 24</link> </title> <subtitle>Decisions of the Tribunal</subtitle> <paragraph id="Art24.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="390">(1)</link> Any award or other decision of the Tribunal shall be made by a majority of the votes of all its members. Abstention by any member of the Tribunal shall count as a negative vote.</paragraph> <paragraph id="Art24.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="391">(2)</link> Except as otherwise provided by these Rules or decided by the Tribunal, it may take any decisions by correspondence among its members, provided that all of them are consulted. Decisions so taken shall be certified by the President of the Tribunal.</paragraph> </article> <article id="Art25" tocdepth="1" tocdesc="Article 25 Incapacity of the President If at ..."> <title> <link agreementID="170" kyid="392">Article 25</link> </title> <subtitle>Incapacity of the President</subtitle> <paragraph id="Art25.1">If at any time the President of the Tribunal should be unable to act, his functions shall be performed by one of the other members of the Tribunal, acting in the order in which the Secretariat had received the notice of their acceptance of their appointment to the Tribunal.</paragraph> </article> <article id="Art26" tocdepth="1" tocdesc="Article 26 Representation of the Parties (1) ..."> <title> <link agreementID="170" kyid="393">Article 26</link> </title> <subtitle>Representation of the Parties</subtitle> <paragraph id="Art26.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="394">(1)</link> Each party may be represented or assisted by agents, counsel or advocates whose names and authority shall be notified by that party to the Secretariat, which shall promptly inform the Tribunal and the other party.</paragraph> <paragraph id="Art26.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="395">(2)</link> For the purposes of these Rules, the expression "party" includes, where the context so admits, an agent, counsel or advocate authorized to represent that party.</paragraph> </article> <title> <link agreementID="170" kyid="396">Chapter VI</link> </title> <subtitle>General Procedural Provisions</subtitle> <article id="Art27" tocdepth="1" tocdesc="Article 27 Procedural Orders The Tribunal ..."> <title> <link agreementID="170" kyid="397">Article 27</link> </title> <subtitle>Procedural Orders</subtitle> <paragraph id="Art27.1">The Tribunal shall make the orders required for the conduct of the proceeding.</paragraph> </article> <article id="Art28" tocdepth="1" tocdesc="Article 28 Preliminary Procedural ..."> <title> <link agreementID="170" kyid="398">Article 28</link> </title> <subtitle>Preliminary Procedural Consultation</subtitle> <paragraph id="Art28.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="399">(1)</link> As early as possible after the constitution of a Tribunal, its President shall endeavor to ascertain the views of the parties regarding questions of procedure. For this purpose he may request the parties to meet him. He shall, in particular, seek their views on the following matters:</paragraph> <paragraph> <paragraph id="Art28.(1)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="400">(a)</link> the number of members of the Tribunal required to constitute a quorum at its sittings;</paragraph> <paragraph id="Art28.(1)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="401">(b)</link> the language or languages to be used in the proceeding;</paragraph> <paragraph id="Art28.(1)(c)"> <link type="number" class="paraNum" agreementID="170" kyid="402">(c)</link> the number and sequence of the pleadings and the time limits within which they are to be filed;</paragraph> <paragraph id="Art28.(1)(d)"> <link type="number" class="paraNum" agreementID="170" kyid="403">(d)</link> the number of copies desired by each party of instruments filed by the other;</paragraph> <paragraph id="Art28.(1)(e)"> <link type="number" class="paraNum" agreementID="170" kyid="404">(e)</link> dispensing with the written or oral procedure;</paragraph> <paragraph id="Art28.(1)(f)"> <link type="number" class="paraNum" agreementID="170" kyid="405">(f)</link> the manner in which the cost of the proceeding is to be apportioned; and</paragraph> <paragraph id="Art28.(1)(g)"> <link type="number" class="paraNum" agreementID="170" kyid="406">(g)</link> the manner in which the record of the hearings shall be kept.</paragraph> </paragraph> <paragraph id="Art28.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="407">(2)</link> In the conduct of the proceeding the Tribunal shall apply any agreement between the parties on procedural matters, which is not inconsistent with any provisions of the Additional Facility Rules and the Administrative and Financial Regulations of the Centre.</paragraph> </article> <article id="Art29" tocdepth="1" tocdesc="Article 29 Pre-Hearing Conference (1) At the ..."> <title> <link agreementID="170" kyid="408">Article 29</link> </title> <subtitle>Pre-Hearing Conference</subtitle> <paragraph id="Art29.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="409">(1)</link> At the request of the Secretary-General or at the discretion of the President of the Tribunal, a pre-hearing conference between the Tribunal and the parties may be held to arrange for an exchange of information and the stipulation of uncontested facts in order to expedite the proceeding.</paragraph> <paragraph id="Art29.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="410">(2)</link> At the request of the parties, a pre-hearing conference between the Tribunal and the parties, duly represented by their authorized representatives, may be held to consider the issues in dispute with a view to reaching an amicable settlement.</paragraph> </article> <article id="Art30" tocdepth="1" tocdesc="Article 30 Procedural Languages (1) The ..."> <title> <link agreementID="170" kyid="411">Article 30</link> </title> <subtitle>Procedural Languages</subtitle> <paragraph id="Art30.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="412">(1)</link> The parties may agree on the use of one or two languages to be used in the proceeding, provided that if they agree on any language that is not an official language of the Centre, the Tribunal, after consultation with the Secretary-General, gives its approval. If the parties do not agree on any such procedural language, each of them may select one of the official languages (i.e., English, French and Spanish) for this purpose. Notwithstanding the foregoing, one of the official languages of the Centre shall be used for all communications to and from the Secretariat.</paragraph> <paragraph id="Art30.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="413">(2)</link> If two procedural languages are selected by the parties, any instrument may be filed in either language. Either language may be used at the hearing subject, if the Tribunal so requires, to translation and interpretation. The orders and the award of the Tribunal shall be rendered and the record kept in both procedural languages, both versions being equally authentic.</paragraph> </article> <article id="Art31" tocdepth="1" tocdesc="Article 31 Copies of Instruments Except as ..."> <title> <link agreementID="170" kyid="414">Article 31</link> </title> <subtitle>Copies of Instruments</subtitle> <paragraph id="Art31.1">Except as otherwise provided by the Tribunal after consultation with the parties and the Secretariat, every request, pleading, application, written observation or other instrument shall be filed in the form of a signed original accompanied by the following number of additional copies:</paragraph> <paragraph> <paragraph id="Art31.1(a)"> <link type="number" class="paraNum" agreementID="170" kyid="415">(a)</link> before the number of members of the Tribunal has been determined: five; and</paragraph> <paragraph id="Art31.1(b)"> <link type="number" class="paraNum" agreementID="170" kyid="416">(b)</link> after the number of members of the Tribunal has been determined: two more than the number of its members.</paragraph> </paragraph> </article> <article id="Art32" tocdepth="1" tocdesc="Article 32 Supporting Documentation ..."> <title> <link agreementID="170" kyid="417">Article 32</link> </title> <subtitle>Supporting Documentation</subtitle> <paragraph id="Art32.1">Supporting documentation shall ordinarily be filed together with the instrument to which it relates, and in any case within the time limit fixed for the filing of such instrument.</paragraph> </article> <article id="Art33" tocdepth="1" tocdesc="Article 33 Time Limits (1) Where required, ..."> <title> <link agreementID="170" kyid="418">Article 33</link> </title> <subtitle>Time Limits</subtitle> <paragraph id="Art33.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="419">(1)</link> Where required, time limits shall be fixed by the Tribunal by assigning dates for the completion of the various steps in the proceeding. The Tribunal may delegate this power to its President.</paragraph> <paragraph id="Art33.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="420">(2)</link> The Tribunal may extend any time limit that it has fixed. If the Tribunal is not in session, this power shall be exercised by its President.</paragraph> <paragraph id="Art33.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="421">(3)</link> Any step taken after expiration of the applicable time limit shall be disregarded unless the Tribunal, in special circumstances and after giving the other party an opportunity of stating its views, decides otherwise.</paragraph> </article> <article id="Art34" tocdepth="1" tocdesc="Article 34 Waiver A party which knows or ..."> <title> <link agreementID="170" kyid="422">Article 34</link> </title> <subtitle>Waiver</subtitle> <paragraph id="Art34.1">A party which knows or ought to have known that a provision of these Rules, of any other rules or agreement applicable to the proceeding, or of an order of the Tribunal has not been complied with and which fails to state promptly its objections thereto, shall be deemed to have waived the right to object.</paragraph> </article> <article id="Art35" tocdepth="1" tocdesc="Article 35 Filling of Gaps If any question ..."> <title> <link agreementID="170" kyid="423">Article 35</link> </title> <subtitle>Filling of Gaps</subtitle> <paragraph id="Art35.1">If any question of procedure arises which is not covered by these Rules or any rules agreed by the parties, the Tribunal shall decide the question.</paragraph> </article> <title> <link agreementID="170" kyid="424">Chapter VII</link> </title> <subtitle>Written and Oral Procedures</subtitle> <article id="Art36" tocdepth="1" tocdesc="Article 36 Normal Procedures Except if the ..."> <title> <link agreementID="170" kyid="425">Article 36</link> </title> <subtitle>Normal Procedures</subtitle> <paragraph id="Art36.1">Except if the parties otherwise agree, the proceeding shall comprise two distinct phases: a written procedure followed by an oral one.</paragraph> </article> <article id="Art37" tocdepth="1" tocdesc="Article 37 Transmission of the Request As ..."> <title> <link agreementID="170" kyid="426">Article 37</link> </title> <subtitle>Transmission of the Request</subtitle> <paragraph id="Art37.1">As soon as the Tribunal is constituted, the Secretary-General shall transmit to each member of the Tribunal a copy of the request by which the proceeding was commenced, of the supporting documentation, of the notice of registration of the request and of any communication received from either party in response thereto.</paragraph> </article> <article id="Art38" tocdepth="1" tocdesc="Article 38 The Written Procedure (1) In ..."> <title> <link agreementID="170" kyid="427">Article 38</link> </title> <subtitle>The Written Procedure</subtitle> <paragraph id="Art38.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="428">(1)</link> In addition to the request for arbitration, the written procedure shall consist of the following pleadings, filed within time limits set by the Tribunal:</paragraph> <paragraph> <paragraph id="Art38.(1)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="429">(a)</link> a memorial by the requesting party;</paragraph> <paragraph id="Art38.(1)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="430">(b)</link> a counter-memorial by the other party; and, if the parties so agree or the Tribunal deems it necessary:</paragraph> <paragraph id="Art38.(1)(c)"> <link type="number" class="paraNum" agreementID="170" kyid="431">(c)</link> a reply by the requesting party; and</paragraph> <paragraph id="Art38.(1)(d)"> <link type="number" class="paraNum" agreementID="170" kyid="432">(d)</link> a rejoinder by the other party.</paragraph> </paragraph> <paragraph id="Art38.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="433">(2)</link> If the request was made jointly, each party shall, within the same time limit determined by the Tribunal, file its memorial. However, the parties may instead agree that one of them shall, for the purposes of paragraph (1) of this Article, be considered as the requesting party.</paragraph> <paragraph id="Art38.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="434">(3)</link> A memorial shall contain: a statement of the relevant facts; a statement of law; and the submissions. A counter-memorial, reply or rejoinder shall contain an admission or denial of the facts stated in the last previous pleading; any additional facts, if necessary; observations concerning the statement of law in the last previous pleading; a statement of law in answer thereto; and the submissions.</paragraph> </article> <article id="Art39" tocdepth="1" tocdesc="Article 39 The Oral Procedure (1) The oral ..."> <title> <link agreementID="170" kyid="435">Article 39</link> </title> <subtitle>The Oral Procedure</subtitle> <paragraph id="Art39.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="436">(1)</link> The oral procedure shall consist of the hearing by the Tribunal of the parties, their agents, counsel and advocates, and of witnesses and experts.</paragraph> <paragraph id="Art39.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="437">(2)</link> Unless either party objects, the Tribunal, after consultation with the Secretary-General, may allow other persons, besides the parties, their agents, counsel and advocates, witnesses and experts during their testimony, and officers of the Tribunal, to attend or observe all or part of the hearings, subject to appropriate logistical arrangements. The Tribunal shall for such cases establish procedures for the protection of proprietary or privileged information.</paragraph> <paragraph id="Art39.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="438">(3)</link> The members of the Tribunal may, during the hearings, put questions to the parties, their agents, counsel and advocates, and ask them for explanations.</paragraph> </article> <article id="Art40" tocdepth="1" tocdesc="Article 40 Marshalling of Evidence Without ..."> <title> <link agreementID="170" kyid="439">Article 40</link> </title> <subtitle>Marshalling of Evidence</subtitle> <paragraph id="Art40.1">Without prejudice to the rules concerning the production of documents, each party shall, within time limits fixed by the Tribunal, communicate to the Secretary-General, for transmission to the Tribunal and the other party, precise information regarding the evidence which it intends to produce and that which it intends to request the Tribunal to call for, together with an indication of the points to which such evidence will be directed.</paragraph> </article> <article id="Art41" tocdepth="1" tocdesc="Article 41 Evidence: General Principles (1) ..."> <title> <link agreementID="170" kyid="440">Article 41</link> </title> <subtitle>Evidence: General Principles</subtitle> <paragraph id="Art41.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="441">(1)</link> The Tribunal shall be the judge of the admissibility of any evidence adduced and of its probative value.</paragraph> <paragraph id="Art41.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="442">(2)</link> The Tribunal may, if it deems it necessary at any stage of the proceeding, call upon the parties to produce documents, witnesses and experts.</paragraph> <paragraph id="Art41.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="443">(3)</link> After consulting both parties, the Tribunal may allow a person or entity that is not a party to the dispute (in this Article called the "non-disputing party") to file a written submission with the Tribunal regarding a matter within the scope of the dispute. In determining whether to allow such a filing, the Tribunal shall consider, among other things, the extent to which:</paragraph> <paragraph> <paragraph id="Art41.(3)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="444">(a)</link> the non-disputing party submission would assist the Tribunal in the determination of a factual or legal issue related to the proceeding by bringing a perspective, particular knowledge or insight that is different from that of the disputing parties;</paragraph> <paragraph id="Art41.(3)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="445">(b)</link> the non-disputing party submission would address a matter within the scope of the dispute;</paragraph> <paragraph id="Art41.(3)(c)"> <link type="number" class="paraNum" agreementID="170" kyid="446">(c)</link> the non-disputing party has a significant interest in the proceeding.</paragraph> </paragraph> <paragraph>The Tribunal shall ensure that the non-disputing party submission does not disrupt the proceeding or unduly burden or unfairly prejudice either party, and that both parties are given an opportunity to present their observations on the non-disputing party submission.</paragraph> </article> <article id="Art42" tocdepth="1" tocdesc="Article 42 Examination of Witnesses and ..."> <title> <link agreementID="170" kyid="447">Article 42</link> </title> <subtitle>Examination of Witnesses and Experts</subtitle> <paragraph id="Art42.1">Witnesses and experts shall be examined before the Tribunal by the parties under the control of its President. Questions may also be put to them by any member of the Tribunal.</paragraph> </article> <article id="Art43" tocdepth="1" tocdesc="Article 43 Witnesses and Experts: Special ..."> <title> <link agreementID="170" kyid="448">Article 43</link> </title> <subtitle>Witnesses and Experts: Special Rules</subtitle> <paragraph id="Art43.1">The Tribunal may:</paragraph> <paragraph> <paragraph id="Art43.1(a)"> <link type="number" class="paraNum" agreementID="170" kyid="449">(a)</link> admit evidence given by a witness or expert in a written deposition;</paragraph> <paragraph id="Art43.1(b)"> <link type="number" class="paraNum" agreementID="170" kyid="450">(b)</link> with the consent of both parties, arrange for the examination of a witness or expert otherwise than before the Tribunal itself. The Tribunal shall define the procedure to be followed. The parties may participate in the examination; and</paragraph> <paragraph id="Art43.1(c)"> <link type="number" class="paraNum" agreementID="170" kyid="451">(c)</link> appoint one or more experts, define their terms of reference, examine their reports and hear from them in person.</paragraph> </paragraph> </article> <article id="Art44" tocdepth="1" tocdesc="Article 44 Closure of the Proceeding (1) ..."> <title> <link agreementID="170" kyid="452">Article 44</link> </title> <subtitle>Closure of the Proceeding</subtitle> <paragraph id="Art44.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="453">(1)</link> When the presentation of the case by the parties is completed, the proceeding shall be declared closed.</paragraph> <paragraph id="Art44.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="454">(2)</link> Exceptionally, the Tribunal may, before the award has been rendered, reopen the proceeding on the ground that new evidence is forthcoming of such a nature as to constitute a decisive factor, or that there is a vital need for clarification on certain specific points.</paragraph> </article> <title> <link agreementID="170" kyid="455">Chapter VIII</link> </title> <subtitle>Particular Procedures</subtitle> <article id="Art45" tocdepth="1" tocdesc="Article 45 Preliminary Objections (1) The ..."> <title> <link agreementID="170" kyid="456">Article 45</link> </title> <subtitle>Preliminary Objections</subtitle> <paragraph id="Art45.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="457">(1)</link> The Tribunal shall have the power to rule on its competence. For the purposes of this Article, an agreement providing for arbitration under the Additional Facility shall be separable from the other terms of the contract in which it may have been included.</paragraph> <paragraph id="Art45.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="458">(2)</link> Any objection that the dispute is not within the competence of the Tribunal shall be filed with the Secretary-General as soon as possible after the constitution of the Tribunal and in any event no later than the expiration of the time limit fixed for the filing of the counter-memorial or, if the objection relates to an ancillary claim, for the filing of the rejoinder-unless the facts on which the objection is based are unknown to the party at that time.</paragraph> <paragraph id="Art45.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="459">(3)</link> The Tribunal may on its own initiative consider, at any stage of the proceeding, whether the dispute before it is within its competence.</paragraph> <paragraph id="Art45.(4)"> <link type="number" class="paraNum" agreementID="170" kyid="460">(4)</link> Upon the formal raising of an objection relating to the dispute, the Tribunal may decide to suspend the proceeding on the merits. The President of the Tribunal, after consultation with its other members, shall fix a time limit within which the parties may file observations on the objection.</paragraph> <paragraph id="Art45.(5)"> <link type="number" class="paraNum" agreementID="170" kyid="461">(5)</link> The Tribunal shall decide whether or not the further procedures relating to the objection made pursuant to paragraph (2) shall be oral. It may deal with the objection as a preliminary question or join it to the merits of the dispute. If the Tribunal overrules the objection or joins it to the merits, it shall once more fix time limits for the further procedures.</paragraph> <paragraph id="Art45.(6)"> <link type="number" class="paraNum" agreementID="170" kyid="462">(6)</link> Unless the parties have agreed to another expedited procedure for making preliminary objections, a party may, no later than 30 days after the constitution of the Tribunal, and in any event before the first session of the Tribunal, file an objection that a claim is manifestly without legal merit. The party shall specify as precisely as possible the basis for the objection. The Tribunal, after giving the parties the opportunity to present their observations on the objection, shall, at its first session or promptly thereafter, notify the parties of its decision on the objection. The decision of the Tribunal shall be without prejudice to the right of a party to file an objection pursuant to paragraph (2) or to object, in the course of the proceeding, that a claim lacks legal merit.</paragraph> <paragraph id="Art45.(7)"> <link type="number" class="paraNum" agreementID="170" kyid="463">(7)</link> If the Tribunal decides that the dispute is not within its competence or that all claims are manifestly without legal merit, it shall issue an award to that effect.</paragraph> </article> <article id="Art46" tocdepth="1" tocdesc="Article 46 Provisional Measures of ..."> <title> <link agreementID="170" kyid="464">Article 46</link> </title> <subtitle>Provisional Measures of Protection</subtitle> <paragraph id="Art46.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="465">(1)</link> Unless the arbitration agreement otherwise provides, either party may at any time during the proceeding request that provisional measures for the preservation of its rights be ordered by the Tribunal. The Tribunal shall give priority to the consideration of such a request.</paragraph> <paragraph id="Art46.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="466">(2)</link> The Tribunal may also recommend provisional measures on its own initiative or recommend measures other than those specified in a request. It may at any time modify or revoke its recommendations.</paragraph> <paragraph id="Art46.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="467">(3)</link> The Tribunal shall order or recommend provisional measures, or any modification or revocation thereof, only after giving each party an opportunity of presenting its observations.</paragraph> <paragraph id="Art46.(4)"> <link type="number" class="paraNum" agreementID="170" kyid="468">(4)</link> The parties may apply to any competent judicial authority for interim or conservatory measures. By doing so they shall not be held to infringe the agreement to arbitrate or to affect the powers of the Tribunal.</paragraph> </article> <article id="Art47" tocdepth="1" tocdesc="Article 47 Ancillary Claims (1) Except as ..."> <title> <link agreementID="170" kyid="469">Article 47</link> </title> <subtitle>Ancillary Claims</subtitle> <paragraph id="Art47.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="470">(1)</link> Except as the parties otherwise agree, a party may present an incidental or additional claim or counter-claim, provided that such ancillary claim is within the scope of the arbitration agreement of the parties.</paragraph> <paragraph id="Art47.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="471">(2)</link> An incidental or additional claim shall be presented not later than in the reply and a counter-claim no later than in the counter-memorial, unless the Tribunal, upon justification by the party presenting the ancillary claim and upon considering any objection of the other party, authorizes the presentation of the claim at a later stage in the proceeding.</paragraph> </article> <article id="Art48" tocdepth="1" tocdesc="Article 48 Default (1) If a party fails to ..."> <title> <link agreementID="170" kyid="472">Article 48</link> </title> <subtitle>Default</subtitle> <paragraph id="Art48.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="473">(1)</link> If a party fails to appear or to present its case at any stage of the proceeding, the other party may request the Tribunal to deal with the questions submitted to it and to render an award.</paragraph> <paragraph id="Art48.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="474">(2)</link> Whenever such a request is made by a party the Tribunal shall promptly notify the defaulting party thereof. Unless the Tribunal is satisfied that that party does not intend to appear or to present its case in the proceeding, it shall, at the same time, grant a period of grace and to this end:</paragraph> <paragraph> <paragraph id="Art48.(2)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="475">(a)</link> if that party had failed to file a pleading or any other instrument within the time limit fixed therefor, fix a new time limit for its filing; or</paragraph> <paragraph id="Art48.(2)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="476">(b)</link> if that party had failed to appear or present its case at a hearing, fix a new date for the hearing.</paragraph> </paragraph> <paragraph>The period of grace shall not, without the consent of the other party, exceed 60 days.</paragraph> <paragraph id="Art48.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="477">(3)</link> After the expiration of the period of grace or when, in accordance with paragraph (2) of this Article, no such period is granted, the Tribunal shall examine whether the dispute is within its jurisdiction and, if it is satisfied as to its jurisdiction, decide whether the submissions made are well-founded in fact and in law. To this end, it may, at any stage of the proceeding, call on the party appearing to file observations, produce evidence or submit oral explanations.</paragraph> </article> <article id="Art49" tocdepth="1" tocdesc="Article 49 Settlement and Discontinuance (1) ..."> <title> <link agreementID="170" kyid="478">Article 49</link> </title> <subtitle>Settlement and Discontinuance</subtitle> <paragraph id="Art49.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="479">(1)</link> If, before the award is rendered, the parties agree on a settlement of the dispute or otherwise to discontinue the proceeding, the Tribunal, or the Secretary-General if the Tribunal has not yet been constituted, or has not yet met, shall, at their written request, in an order take note of the discontinuance of the proceeding.</paragraph> <paragraph id="Art49.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="480">(2)</link> If requested by both parties and accepted by the Tribunal, the Tribunal shall record the settlement in the form of an award. The Tribunal shall not be obliged to give reasons for such an award. The parties will accompany their request with the full and signed text of their settlement.</paragraph> </article> <article id="Art50" tocdepth="1" tocdesc="Article 50 Discontinuance at Request of a ..."> <title> <link agreementID="170" kyid="481">Article 50</link> </title> <subtitle>Discontinuance at Request of a Party</subtitle> <paragraph id="Art50.1">If a party requests the discontinuance of the proceeding, the Tribunal, or the Secretary-General if the Tribunal has not yet been constituted, shall in an order fix a time limit within which the other party may state whether it opposes the discontinuance. If no objection is made in writing within the time limit, the Tribunal, or if appropriate the Secretary-General, shall in an order take note of the discontinuance of the proceeding. If objection is made, the proceeding shall continue.</paragraph> </article> <article id="Art51" tocdepth="1" tocdesc="Article 51 Discontinuance for Failure of ..."> <title> <link agreementID="170" kyid="482">Article 51</link> </title> <subtitle>Discontinuance for Failure of Parties to Act</subtitle> <paragraph id="Art51.1">If the parties fail to take any steps in the proceeding during six consecutive months or such period as they may agree with the approval of the Tribunal, or of the Secretary-General if the Tribunal has not yet been constituted, they shall be deemed to have discontinued the proceeding and the Tribunal, or if appropriate the Secretary-General, shall, after notice to the parties, in an order take note of the discontinuance.</paragraph> </article> <title> <link agreementID="170" kyid="483">Chapter IX</link> </title> <subtitle>The Award</subtitle> <article id="Art52" tocdepth="1" tocdesc="Article 52 The Award (1) The award shall be ..."> <title> <link agreementID="170" kyid="484">Article 52</link> </title> <subtitle>The Award</subtitle> <paragraph id="Art52.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="485">(1)</link> The award shall be made in writing and shall contain:</paragraph> <paragraph> <paragraph id="Art52.(1)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="486">(a)</link> a precise designation of each party;</paragraph> <paragraph id="Art52.(1)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="487">(b)</link> a statement that the Tribunal was established under these Rules, and a description of the method of its constitution;</paragraph> <paragraph id="Art52.(1)(c)"> <link type="number" class="paraNum" agreementID="170" kyid="488">(c)</link> the name of each member of the Tribunal, and an identification of the appointing authority of each;</paragraph> <paragraph id="Art52.(1)(d)"> <link type="number" class="paraNum" agreementID="170" kyid="489">(d)</link> the names of the agents, counsel and advocates of the parties;</paragraph> <paragraph id="Art52.(1)(e)"> <link type="number" class="paraNum" agreementID="170" kyid="490">(e)</link> the dates and place of the sittings of the Tribunal;</paragraph> <paragraph id="Art52.(1)(f)"> <link type="number" class="paraNum" agreementID="170" kyid="491">(f)</link> a summary of the proceeding;</paragraph> <paragraph id="Art52.(1)(g)"> <link type="number" class="paraNum" agreementID="170" kyid="492">(g)</link> a statement of the facts as found by the Tribunal;</paragraph> <paragraph id="Art52.(1)(h)"> <link type="number" class="paraNum" agreementID="170" kyid="493">(h)</link> the submissions of the parties;</paragraph> <paragraph id="Art52.(1)(i)"> <link type="number" class="paraNum" agreementID="170" kyid="494">(i)</link> the decision of the Tribunal on every question submitted to it, together with the reasons upon which the decision is based; and</paragraph> <paragraph id="Art52.(1)(j)"> <link type="number" class="paraNum" agreementID="170" kyid="495">(j)</link> any decision of the Tribunal regarding the cost of the proceeding.</paragraph> </paragraph> <paragraph id="Art52.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="496">(2)</link> The award shall be signed by the members of the Tribunal who voted for it; the date of each signature shall be indicated. Any member of the Tribunal may attach his individual opinion to the award, whether he dissents from the majority or not, or a statement of his dissent.</paragraph> <paragraph id="Art52.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="497">(3)</link> If the arbitration law of the country where the award is made requires that it be filed or registered by the Tribunal, the Tribunal shall comply with this requirement within the period of time required by law.</paragraph> <paragraph id="Art52.(4)"> <link type="number" class="paraNum" agreementID="170" kyid="498">(4)</link> The award shall be final and binding on the parties. The parties waive any time limits for the rendering of the award which may be provided for by the law of the country where the award is made.</paragraph> </article> <article id="Art53" tocdepth="1" tocdesc="Article 53 Authentication of the Award; ..."> <title> <link agreementID="170" kyid="499">Article 53</link> </title> <subtitle>Authentication of the Award; Certified Copies; Date</subtitle> <paragraph id="Art53.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="500">(1)</link> Upon signature by the last arbitrator to sign, the Secretary-General shall promptly:</paragraph> <paragraph> <paragraph id="Art53.(1)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="501">(a)</link> authenticate the original text of the award and deposit it in the archives of the Secretariat, together with any individual opinions and statements of dissent; and</paragraph> <paragraph id="Art53.(1)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="502">(b)</link> dispatch a certified copy of the award (including individual opinions and statements of dissent) to each party, indicating the date of dispatch on the original text and on all copies; provided, however, that if the original text of the award must be filed or registered as contemplated by Article 52(3) of these Rules the Secretary-General shall do so on behalf of the Tribunal or return the award to the Tribunal for this purpose.</paragraph> </paragraph> <paragraph id="Art53.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="503">(2)</link> The award shall be deemed to have been rendered on the date on which the certified copies were dispatched.</paragraph> <paragraph id="Art53.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="504">(3)</link> Except to the extent required for any registration or filing of the award by the Secretary-General under paragraph (1) of this Article, the Secretariat shall not publish the award without the consent of the parties. The Secretariat shall, however, promptly include in the publications of the Centre excerpts of the legal reasoning of the Tribunal.</paragraph> </article> <article id="Art54" tocdepth="1" tocdesc="Article 54 Applicable Law (1) The Tribunal ..."> <title> <link agreementID="170" kyid="505">Article 54</link> </title> <subtitle>Applicable Law</subtitle> <paragraph id="Art54.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="506">(1)</link> The 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 Tribunal shall apply</paragraph> <paragraph> <paragraph id="Art54.(1)(a)"> <link type="number" class="paraNum" agreementID="170" kyid="507">(a)</link> the law determined by the conflict of laws rules which it considers applicable and</paragraph> <paragraph id="Art54.(1)(b)"> <link type="number" class="paraNum" agreementID="170" kyid="508">(b)</link> such rules of international law as the Tribunal considers applicable.</paragraph> </paragraph> <paragraph id="Art54.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="509">(2)</link> The Tribunal may decide <italic>ex aequo et bono</italic> if the parties have expressly authorized it to do so and if the law applicable to the arbitration so permits.</paragraph> </article> <article id="Art55" tocdepth="1" tocdesc="Article 55 Interpretation of the Award (1) ..."> <title> <link agreementID="170" kyid="510">Article 55</link> </title> <subtitle>Interpretation of the Award</subtitle> <paragraph id="Art55.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="511">(1)</link> Within 45 days after the date of the award either party, with notice to the other party, may request that the Secretary-General obtain from the Tribunal an interpretation of the award.</paragraph> <paragraph id="Art55.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="512">(2)</link> The Tribunal shall determine the procedure to be followed.</paragraph> <paragraph id="Art55.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="513">(3)</link> The interpretation shall form part of the award, and the provisions of Articles 52 and 53 of these Rules shall apply.</paragraph> </article> <article id="Art56" tocdepth="1" tocdesc="Article 56 Correction of the Award (1) ..."> <title> <link agreementID="170" kyid="514">Article 56</link> </title> <subtitle>Correction of the Award</subtitle> <paragraph id="Art56.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="515">(1)</link> Within 45 days after the date of the award either party, with notice to the other party, may request the Secretary-General to obtain from the Tribunal a correction in the award of any clerical, arithmetical or similar errors. The Tribunal may within the same period make such corrections on its own initiative.</paragraph> <paragraph id="Art56.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="516">(2)</link> The provisions of Articles 52 and 53 of these Rules shall apply to such corrections.</paragraph> </article> <article id="Art57" tocdepth="1" tocdesc="Article 57 Supplementary Decisions (1) ..."> <title> <link agreementID="170" kyid="517">Article 57</link> </title> <subtitle>Supplementary Decisions</subtitle> <paragraph id="Art57.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="518">(1)</link> Within 45 days after the date of the award either party, with notice to the other party may request the Tribunal, through the Secretary-General, to decide any question which it had omitted to decide in the award.</paragraph> <paragraph id="Art57.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="519">(2)</link> The Tribunal shall determine the procedure to be followed.</paragraph> <paragraph id="Art57.(3)"> <link type="number" class="paraNum" agreementID="170" kyid="520">(3)</link> The decision of the Tribunal shall become part of the award and the provisions of Articles 52 and 53 of these Rules shall apply thereto.</paragraph> </article> <title> <link agreementID="170" kyid="521">Chapter X</link> </title> <subtitle>Costs</subtitle> <article id="Art58" tocdepth="1" tocdesc="Article 58 Cost of Proceeding (1) Unless the ..."> <title> <link agreementID="170" kyid="522">Article 58</link> </title> <subtitle>Cost of Proceeding</subtitle> <paragraph id="Art58.(1)"> <link type="number" class="paraNum" agreementID="170" kyid="523">(1)</link> Unless the parties otherwise agree, the Tribunal shall decide how and by whom the fees and expenses of the members of the Tribunal, the expenses and charges of the Secretariat and the expenses incurred by the parties in connection with the proceeding shall be borne. The Tribunal may, to that end, call on the Secretariat and the parties to provide it with the information it needs in order to formulate the division of the cost of the proceeding between the parties.</paragraph> <paragraph id="Art58.(2)"> <link type="number" class="paraNum" agreementID="170" kyid="524">(2)</link> The decision of the Tribunal pursuant to paragraph (1) of this Article shall form part of the award.</paragraph> </article> <title> <link agreementID="170" kyid="525">Chapter XI</link> </title> <subtitle>General Provisions</subtitle> <article id="Art59" tocdepth="1" tocdesc="Article 59 Final Provision The text of these ..."> <title> <link agreementID="170" kyid="526">Article 59</link> </title> <subtitle>Final Provision</subtitle> <paragraph id="Art59.1">The text of these Rules in each official language of the Centre shall be equally authentic.</paragraph> </article> </document>