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Commercial Arbitration and
Other Alternative Dispute Resolution Methods

Rules of Procedure of the Inter-American Arbitration Commission

(Continued)

(As amended and in effect July 1, 1988)

Section IV. The Award

Decisions

Article 31

1. When there are three arbitrators, any award or other decision of the arbitral tribunal shall be made by a majority of the arbitrators.

2. In the case of questions of procedure, when there is no majority or when the arbitral tribunal so authorizes, the presiding arbitrator may decide on his own, subject to revision, if any, by the arbitral tribunal.

Form and Effect of the Award

Article 32

1. In addition to making a final award, the arbitral tribunal shall be entitled to make interim, interlocutory, or partial awards.

2. The award shall be made in writing and shall be final and binding on the parties. The parties undertake to carry out the award without delay.

3. The arbitral tribunal shall state the reasons upon which the award is based, unless the parties have agreed that no reasons are to be given.

4. An award shall be signed by the arbitrators and it shall contain the date on which and the place where the award was made. Where there are three arbitrators and one of them fails to sign, the award shall state the reason for the absence of the signature.

5. The award may be made public only with the consent of both parties.

6. Copies of the award signed by the arbitrators shall be communicated to the parties by the arbitral tribunal.

7. If the arbitration law of the country where the award is made requires that the award be filed or registered by the arbitral tribunal, the tribunal shall comply with this requirement within the period of time required by law.

Applicable Law, Amiable Compositeur

Article 33

1. The arbitral tribunal shall apply the 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 determined by the conflict of laws rules which it considers applicable.

2. 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 and if the law applicable to the arbitral procedure permits such arbitration.

3. In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.

Settlement or Other Grounds for Termination

Article 34

1. If, before the award is made, 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 both parties and accepted by the tribunal, record the settlement in the form of an arbitral award on agreed terms. The arbitral tribunal is not obliged to give reasons for such an award.

2. If, before the award is made, 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 a party raises justifiable grounds for objection.

3. Copies of the order for termination of the arbitral proceedings or of the arbitral award on agreed terms, signed by the arbitrators, shall be communicated by the arbitral tribunal to the parties. Where an arbitral award on agreed terms is made, the provisions of Article 32, paragraphs 2 and 4 to 7, shall apply.

Interpretation of the Award

Article 35

1. Within thirty days after the receipt of the award, either party, with notice to the other party, may request that the arbitral tribunal give an interpretation of the award.

2. The interpretation shall be given in writing within forty-five days after the receipt of the request. The interpretation shall form part of the award and the provisions of Article 32, paragraphs 2 to 7, shall apply.

Correction of the Award

Article 36

1. Within thirty days after the receipt of the award, either party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors, or any errors of similar nature. The arbitral tribunal may within thirty days after the communication of the award make such corrections on its own initiative.

2. Such corrections shall be in writing, and the provisions of Article 32, paragraphs 2 to 7, shall apply.

Additional Award

Article 37

1. Within thirty days after the receipt of the award, either party, with notice to the other party, may request the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award.

2. If the arbitral tribunal considers the request for an additional award to be justified and considers that the omission can be rectified without any further hearings or evidence, it shall complete its award within sixty days after the receipt of the request.

3. When an additional award is made, the provisions of Article 32, paragraphs 2 to 7, shall apply.

Costs (Articles 38 to 40)

Article 38

The arbitral tribunal shall fix the costs of arbitration in its award. 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 39;

    (b) The travel and other expenses incurred by the arbitrators;

    (c) The costs of expert advice and of other assistance required by the arbitral tribunal;

    (d) The travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal;

    (e) The costs for legal representation and assistance of the successful party if such costs were claimed during the arbitral proceedings, and only to the extent that the arbitral tribunal determines that the amount of such costs is reasonable;

    (f) The administrative fee and other service charges of the IACAC.

Article 39

1. The fees of the arbitral tribunal shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subject matter, the time spent by the arbitrators and any other relevant circumstances of the case.

2. Any party may at any time request the IACAC to furnish a statement setting forth the basis for establishing fees for arbitrators which is customarily followed in international cases in which the IACAC appoints arbitrators. The arbitral tribunal in fixing its fees shall take any such information provided by the IACAC into account to the extent that it considers appropriate in the circumstances of the case.

3. The IACAC shall prescribe schedules setting forth the administrative fee, other service charges, and refunds. The schedules in effect at the time of initiating the arbitration shall be applicable.

4. The administrative fee shall be advanced by the claimant or claimants.

Article 40

1. Except as provided in paragraph 2, the costs of arbitration shall in principle be borne by the unsuccessful party. 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.

2. With respect to the costs of legal representation and assistance referred to in Article 38, paragraph (e), the arbitral tribunal, taking into account the circumstances of the case, shall be free to determine which party shall bear such costs or may apportion such costs between the parties if it determines that apportionment is reasonable.

3. When the arbitral tribunal issues an order for the termination of the arbitral proceedings or makes an award on agreed terms, it shall fix the costs of arbitration referred to in Article 38 and Article 39, paragraph 1, in the text of that order or award.

4. No additional fees may be charged by an arbitral tribunal for interpretation or correction or completion of its award under Articles 35 to 37.

Deposit of Costs

Article 41

1. The arbitral tribunal, on its establishment, may request each party to deposit an equal amount as an advance for the costs referred to in Article 38, paragraphs (a), (b) and (c).

2. During the course of the arbitral proceedings the arbitral tribunal may request supplementary deposits from the parties.

3. When a party so requests, the arbitral tribunal shall fix the amounts of any deposits or supplementary deposits only after consultation with the IACAC, which may make any comments to the arbitral tribunal which it deems appropriate concerning the amounts of such deposits and supplementary deposits.

4. If the required deposits are not paid in full within thirty days after the receipt of the request, the arbitral tribunal shall so inform the parties in order that one or another 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.

5. After the award 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.

Administrative Fee Schedule

A filing fee of $300 will be paid when a case is filed. The balance of the administrative fee is based on the amount of each claim or counterclaim as disclosed when the claim or counterclaim is filed. This balance is due and payable sixty days after the IACAC's commencement of administration, or prior to the date of the first hearing, whichever occurs first. If at any time a claim or counterclaim is settled or withdrawn, the balance of the administrative fee remains due and the Refund Schedule shall then be applied. When oral hearings are waived, the Administrative Fee Schedule shall still apply.

Amount of Claim Fee for Claim or Counterclaim.
Up to $10,000 $300
$10,000 to $25,000 3%
$25,000 to $50,000 $750, plus 2% of excess over $25,000
$50,000 to $100,000 $1,250, plus 1% of excess over $50,000
$100,000 to $500,000 $1,750, plus 1/2% of excess over $100,000
$500,000 to $5,000,000 $3,750, plus 1/4% of excess over $500,000
$5,000,000 to $50,000,000 $15,000, plus 1/10% of excess over $5,000,000

Where the claim or counterclaim exceeds $50 million, there is no additional administrative fee.

When no amount can be stated at the time of filing, the administrative fee is $1,000, subject to adjustment in accordance with the above schedule as soon as an amount can be disclosed.

An appropriate administrative fee will be determined by the IACAC for claims and counterclaims that are not for a monetary amount.

Postponement Fees

Sole-Arbitrator Cases

$100 is payable by a party causing its first postponement of any scheduled hearing.

$200 is payable by a party causing its second or subsequent postponement of any scheduled hearing.

Three-Arbitrator Cases

$150 is payable by a party causing its first postponement of any scheduled hearing.

$300 is payable by a party causing its second or subsequent postponement of any scheduled hearing.

Additional Hearing Fee

$75 is payable by each party for each hearing after the first hearing that is either clerked by the IACAC or held in a hearing room provided by the IACAC.

Refund Schedule

The Refund Schedule is based on the administrative fee due on a claim or counterclaim asserted by a party. If the IACAC is notified that a claim or counterclaim has been settled or withdrawn before a list of arbitrators has been sent out, all of the fee in excess of $300 will be refunded.

If the IACAC is notified that a claim or counterclaim has been settled or withdrawn after a list of arbitrators has been sent out but before the original due date for the return of the first list, two thirds of the fee in excess of $300 will be refunded.

If the IACAC is notified that a claim or counterclaim has been settled or withdrawn after the original due date for the return of the first list but at least two business days before the initial date and time set for the first scheduled hearing, one third of the fee in excess of $300 will be refunded.