CHAPTER IV - WRITTEN AND ORAL PROCEDURES

Rule 29 - Normal Procedures

Except if the parties otherwise agree, the proceeding shall comprise two distinct phases: a written procedure followed by an oral one.

Rule 30 - Transmission of the Request

As soon as the Tribunal is constituted, the Secretary-General shall transmit to each member a copy of the request by which the proceeding was initiated, of the supporting documentation, of the notice of registration and of any communication received from either party in response thereto.

Rule 31 - The Written Procedure

1. In addition to the request for arbitration, the written procedure shall consist of the following pleadings, filed within time limits set by the Tribunal:

   1. a memorial by the requesting party;

   2. a counter-memorial by the other party; and, if the parties so agree or the Tribunal deems it necessary:

   3. a reply by the requesting party; and

   4. a rejoinder by the other party.

2. If the request was made jointly, each party shall, within the same time limit determined by the Tribunal, file its memorial and, if the parties so agree or the Tribunal deems it necessary, its reply; however, the parties may instead agree that one of them shall, for the purposes of paragraph (1), be considered as the requesting party.
   

3. 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.
   

1. The oral procedure shall consist of the hearing by the Tribunal of the parties, their agents, counsel and advocates, and of witnesses and experts.
   

2. The Tribunal shall decide, with the consent of the parties, which other persons besides the parties, their agents, counsel and advocates, witnesses and experts during their testimony, and officers of the Tribunal may attend the hearings.
   

3. The members of the Tribunal may, during the hearings, put questions to the parties, their agents, counsel and advocates, and ask them for explanations.
   

Rule 33 - Marshalling of Evidence

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.

Rule 34 - Evidence: General Principles

1. The Tribunal shall be the judge of the admissibility of any evidence adduced and of its probative value.

2. The Tribunal may, if it deems it necessary at any stage of the proceeding:

1. call upon the parties to produce documents, witnesses and experts; and

2. visit any place connected with the dispute or conduct inquiries there.

3. The parties shall cooperate with the Tribunal in the production of the evidence and in the other measures provided for in paragraph (2). The Tribunal shall take formal note of the failure of a party to comply with its obligations under this paragraph and of any reasons given for such failure.

4. Expenses incurred in producing evidence and in taking other measures in accordance with paragraph (2) shall be deemed to constitute part of the expenses incurred by the parties within the meaning of Article 61(2) of the Convention.

Rule 35 - Examination of Witnesses and Experts

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.
   

2. Each witness shall make the following declaration before giving his evidence:
   "I solemnly declare upon my honour and conscience that I shall speak the truth, the whole truth and nothing but the truth."
   

3. Each expert shall make the following declaration before making his statement:
   "I solemnly declare upon my honour and conscience that my statement will be in accordance with my sincere belief."

Rule 36 - Witnesses and Experts: Special Rules

Notwithstanding Rule 35 the Tribunal may:

1. admit evidence given by a witness or expert in a written deposition; and

2. 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 subject of the examination, the time limit, the procedure to be followed and other particulars. The parties may participate in the examination.

Rule 37 - Visits and Inquiries

If the Tribunal considers it necessary to visit any place connected with the dispute or to conduct an inquiry there, it shall make an order to this effect. The order shall define the scope of the visit or the subject of the inquiry, the time limit, the procedure to be followed and other particulars. The parties may participate in any visit or inquiry.

Rule 38 - Closure of the Proceeding

1. When the presentation of the case by the parties is completed, the proceeding shall be declared closed.

2. 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.

CHAPTER V - PARTICULAR PROCEDURES

Rule 39 - Provisional Measures

1. At any time during the proceeding a party may request that provisional measures for the presentation of its rights be recommended by the Tribunal. The request shall specify the rights to be preserved, the measures the recommendation of which is requested, and the circumstances that require such measures.

2. The Tribunal shall give priority to the consideration of a request made pursuant to paragraph (1).

3. 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.

4. The Tribunal shall only recommend provisional measures, or modify or revoke its recommendations, after giving each party an opportunity of presenting its observations.

5. Nothing in this Rule shall prevent the parties, provided that they have so stipulated in the agreement recording their consent, from requesting any judicial or other authority to order provisional measures, prior to the institution of the proceeding, or during the proceeding, for the preservation of their respective rights and interests.
   

Rule 40 - Ancillary Claims

1. Except as the parties otherwise agree, a party may present an incidental or additional claim or counter-claim arising directly out of the subject-matter of the dispute, provided that such ancillary claim is within the scope of the consent of the parties and is otherwise within the jurisdiction of the Centre.

2. 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.

3. The Tribunal shall fix a time limit within which the party against which an ancillary claim is presented may file its observations thereon.

Rule 41 - Objections to Jurisdiction

1. Any objection that the dispute or any ancillary claim is not within the jurisdiction of the Centre or, for other reasons is not within the competence of the Tribunal shall be made as early as possible. A party shall file the objection with the Secretary-General 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.

2. The Tribunal may on its own initiative consider, at any stage of the proceeding, whether the dispute or any ancillary claim before it is within the jurisdiction of the Centre and within its own competence.

3. Upon the formal raising of an objection relating to the dispute, the proceeding on the merits shall be suspended. 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.

4. The Tribunal shall decide whether or not the further procedures relating to the objection 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.

5. If the Tribunal decides that the dispute is not within the jurisdiction of the Centre or not within its own competence, it shall render an award to that effect.

Rule 42 - Default

1. If a party (in this Rule called the "defaulting party") fails to appear or to present its case at any stage of the proceeding, the other party may, at any time prior to the discontinuance of the proceeding, request the Tribunal to deal with the questions submitted to it and to render an award.

2. The Tribunal shall promptly notify the defaulting party of such a request. Unless it 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:

   1. 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

   2. if that party had failed to appear or present its case at a hearing, fix a new date for the hearing. The period of grace shall not, without the consent of the other party, exceed 60 days.

3. After the expiration of the period of grace or when, in accordance with paragraph (2), no such period is granted, the Tribunal shall resume the consideration of the dispute. Failure of the defaulting party to appear or to present its case shall not be deemed an admission of the assertions made by the other party.

4. The Tribunal shall examine the jurisdiction of the Centre and its own competence in the dispute and, if it is satisfied, 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.

Rule 43 - Settlement and Discontinuance

1. 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, shall, at their written request, in an order take note of the discontinuance of the proceeding.

2. If the parties file with the Secretary-General the full and signed text of their settlement and in writing request the Tribunal to embody such settlement in an award, the Tribunal may record the settlement in the form of its award.

Rule 44 - Discontinuance at Request of a Party

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 other party shall be deemed to have acquiesced in the discontinuance and 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.

Rule 45 - Discontinuance for Failure of Parties to Act

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.

CHAPTER VI - THE AWARD

Rule 46 - Preparation of the Award

The award (including any individual or dissenting opinion) shall be drawn up and signed within 60 days after the closure of the proceeding. The Tribunal may, however, extend this period by a further 30 days if it would otherwise be unable to draw up the award.

Rule 47 - The Award

1. The award shall be in writing and shall contain:

   1. a precise designation of each party;

   2. a statement that the Tribunal was established under the Convention, and a description of the method of its constitution;

   3. the name of each member of the Tribunal, and an identification of the appointing authority of each;

   4. the names of the agents, counsel and advocates of the parties;

   5. the dates and place of the sittings of the Tribunal;

   6. a summary of the proceeding;

   7. a statement of the facts as found by the Tribunal;

   8. the submissions of the parties;

   9. the decision of the Tribunal on every question submitted to it, together with the reasons upon which the decision is based; and

   10. any decision of the Tribunal regarding the cost of the proceeding.

2. The award shall be signed by the members of the Tribunal who voted for it; the date of each signature shall be indicated.

3. 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.

Rule 48 - Rendering of the Award

1. Upon signature by the last arbitrator to sign, the Secretary-General shall promptly:

   1. authenticate the original text of the award and deposit it in the archives of the Centre, together with any individual opinions and statements of dissent; and

   2. 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.

2. The award shall be deemed to have been rendered on the date on which the certified copies were dispatched.

3. The Secretary-General shall, upon request, make available to a party additional certified copies of the award.

4. The Centre shall not publish the award without consent of the parties. The Centre may, however, include in its publications excerpts of the legal rules applied by the Tribunal.

Rule 49 - Supplementary Decisions and Rectification

1. Within 45 days after the date on which the award was rendered, either party may request, pursuant to Article 49(2) of the Convention, a supplementary decision on, or the rectification of, the award. Such a request shall be addressed in writing to the Secretary-General. The request shall:

   1. identify the award to which it relates;

   2. indicate the date of the request;

   3. state in detail:

      1. any question which, in the opinion of the requesting party, the Tribunal omitted to decide in the award; and

      2. any error in the award which the requesting party seeks to have rectified; and

   4. be accompanied by a fee for lodging the request.

2. Upon receipt of the request and of the lodging fee, the Secretary-General shall forthwith:

   1. register the request;

   2. notify the parties of the registration;

   3. transmit to the other party a copy of the request and of any accompanying documentation; and

   4. transmit to each member of the Tribunal a copy of the notice of registration, together with a copy of the request and of any accompanying documentation.

3. The President of the Tribunal shall consult the members on whether it is necessary for the Tribunal to meet in order to consider the request. The Tribunal shall fix a time limit for the parties to file their observations on the request and shall determine the procedure for its consideration.

4. Rules 46-48 shall apply, mutatis mutandis, to any decision of the Tribunal pursuant to this Rule.

5. If a request is received by the Secretary-General more than 45 days after the award was rendered, he shall refuse to register the request and so inform forthwith the requesting party.

CHAPTER VII - INTERPRETATION, REVISION AND ANNULMENT OF THE AWARD

Rule 50 - The Application

1. An application for the interpretation, revision or annulment of an award shall be addressed in writing to the Secretary-General and shall:

   1. identify the award to which it relates;

   2. indicate the date of the application;

   3. state in detail:

      1. in an application for interpretation, the precise points in dispute;

      2. in an application for revision, pursuant to Article 51(1) of the Convention, the change sought in the award, the discovery of some fact of such a nature as decisively to affect the award, and evidence that when the award was rendered that fact was unknown to the Tribunal and to the applicant, and that the applicant's ignorance of that fact was not due to negligence;

      3. in an application for annulment, pursuant to Article 52(1) of the Convention, the grounds on which it is based. These grounds are limited to the following:

         that the Tribunal was not properly constituted; that the Tribunal has manifestly exceeded its powers; that there was corruption on the part of a member of the Tribunal; that there has been a serious departure from a fundamental rule of procedure; that the award has failed to state the reasons on which it is based;

   4. be accompanied by the payment of a fee for lodging the application.

2. Without prejudice to the provisions of paragraph (3), upon receiving an application and the lodging fee, the Secretary-General shall forthwith:

   1. register the application;

   2. notify the parties of the registration; and

   3. transmit to the other party a copy of the application and of any accompanying documentation.

3. The Secretary-General shall refuse to register an application for:

   1. revision, if, in accordance with Article 51(2) of the Convention, it is not made within 90 days after the discovery of the new fact and in any event within three years after the date on which the award was rendered (or any subsequent decision or correction);

   2. annulment, if, in accordance with Article 52(2) of the Convention, it is not made:

      1. within 120 days after the date on which the award was rendered (or any subsequent decision or correction) if the application is based on any of the following grounds: the Tribunal was not properly constituted; the Tribunal has manifestly exceeded its powers; there has been a serious departure from a fundamental rule of procedure; the award has failed to state the reasons on which it is based;

      2. in the case of corruption on the part of a member of the Tribunal, within 120 days after discovery thereof, and in any event within three years after the date on which the award was rendered (or any subsequent decision or correction).

4. If the Secretary-General refuses to register an application for revision, or annulment, he shall forthwith notify the requesting party of his refusal.

Rule 51 - Interpretation or Revision: Further Procedures

1. Upon registration of an application for the interpretation or revision of an award, the Secretary-General shall forthwith:

   1. transmit to each member of the original Tribunal a copy of the notice of registration, together with a copy of the application and of any accompanying documentation; and

   2. request each member of the Tribunal to inform him within a specified time limit whether that member is willing to take part in the consideration of the application.

2. If all members of the Tribunal express their willingness to take part in the consideration of the application, the Secretary-General shall so notify the members of the Tribunal and the parties. Upon dispatch of these notices the Tribunal shall be deemed to be reconstituted.

3. If the Tribunal cannot be constituted in accordance with paragraph (2), the Secretary-General shall so notify the parties and invite them to proceed, as soon as possible, to constitute a new Tribunal, including the same number of arbitrators, and appointed by the same method, as the original one.

Rule 52 - Annulment: Further Procedures

1. Upon registration of an application for the annulment of an award, the Secretary-General shall forthwith request the Chairman of the Administrative Council to appoint an ad hoc Committee in accordance with Article 52(3) of the Convention.

2. The Committee shall be deemed to be constituted on the date the Secretary-General notifies the parties that all members have accepted their appointment. Before or at the first session of the Committee, each member shall sign a declaration conforming to that set forth in Rule 6(2).

Rule 53 - Rules of Procedure

The provisions of these Rules shall apply mutatis mutandis to any procedure relating to the interpretation, revision or annulment of an award and to the decision of the Tribunal or Committee.

Rule 54 - Stay of Enforcement of the Award

1. The party applying for the interpretation, revision or annulment of an award may in its application, and either party may at any time before the final disposition of the application, request a stay in the enforcement of part or all of the award to which the application relates. The Tribunal or Committee shall give priority to the consideration of such a request.

2. If an application for the revision or annulment of an award contains a request for a stay of its enforcement, the Secretary-General shall, together with the notice of registration, inform both parties of the provisional stay of the award. As soon as the Tribunal or Committee is constituted it shall, if either party requests, rule within 30 days on whether such stay should be continued; unless it decides to continue the stay, it shall automatically be terminated.

3. If a stay of enforcement has been granted pursuant to paragraph (1) or continued pursuant to paragraph (2), the Tribunal or Committee may at any time modify or terminate the stay at the request of either party. All stays shall automatically terminate on the date on which a final decision is rendered on the application, except that a Committee granting the partial annulment of an award may order the temporary stay of enforcement of the unannulled portion in order to give either party an opportunity to request any new Tribunal constituted pursuant to Article 52(6) of the Convention to grant a stay pursuant to Rule 55(3).

4. A request pursuant to paragraph (1), (2) (second sentence) or (3) shall specify the circumstances that require the stay or its modification or termination. A request shall only be granted after the Tribunal or Committee has given each party an opportunity of presenting its observations.

5. The Secretary-General shall promptly notify both parties of the stay of enforcement of any award and of the modification or termination of such a stay, which shall become effective on the date on which he dispatches such notification.

Rule 55 - Resubmission of Dispute after an Annulment

1. If a Committee annuls part or all of an award, either party may request the resubmission of the dispute to a new Tribunal. Such a request shall be addressed in writing to the Secretary-General and shall:

   1. identify the award to which it relates;

   2. indicate the date of the request;

   3. explain in detail what aspect of the dispute is to be submitted to the Tribunal; and

   4. be accompanied by a fee for lodging the request.

2. Upon receipt of the request and of the lodging fee, the Secretary-General shall forthwith:

   1. register it in the Arbitration Register;

   2. notify both parties of the registration;

   3. transmit to the other party a copy of the request and of any accompanying documentation; and

   4. invite the parties to proceed, as soon as possible, to constitute a new Tribunal, including the same number of arbitrators, and appointed by the same method, as the original one.

3. If the original award had only been annulled in part, the new Tribunal shall not reconsider any portion of the award not so annulled. It may, however, in accordance with the procedures set forth in Rule 54, stay or continue to stay the enforcement of the unannulled portion of the award until the date its own award is rendered.

4. Except as otherwise provided in paragraphs (1) - (3), these Rules shall apply to a proceeding on a resubmitted dispute in the same manner as if such dispute had been submitted pursuant to the Institution Rules.

CHAPTER VIII - GENERAL PROVISIONS

Rule 56 - Final Provisions