Continued

1. 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.

2. 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.

3. The Secretary-General shall notify the members of the Tribunal and the parties of the dates and place of the Tribunal in good time.

1. The President of the Tribunal shall conduct its hearings and preside at its deliberations.

2. Except as the parties otherwise agree, the presence of a majority of the members of the Tribunal shall be required at its sittings.

3. The President of the Tribunal shall fix the date and hour of its sittings.

1. The deliberations of the Tribunal shall take place in private and remain secret.
   

2. Only members of the Tribunal shall take part in its deliberations. No other person shall be admitted unless the Tribunal decides otherwise.

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.

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.

1. 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.

2. 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.

The Tribunal shall make the orders required for the conduct of the proceeding.

Article 29 - Preliminary Procedural Consultation

1. 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:

   1. the number of members of the Tribunal required to constitute a quorum at its sittings;

   2. the language or languages to be used in the proceeding;

   3. the number and sequence of the pleadings and the time limits within which they are to be filed;

   4. the number of copies desired by each party of instruments filed by the other;

   5. dispensing with the written or oral procedure; and

   6. the manner in which the cost of the proceeding is to be apportioned.

2. 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 these Rules, the Additional Facility Rules and the Administrative and Financial Rules (Additional Facility).

Article 30 - Procedural Languages

1. 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 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.

2. If the parties agree on two procedural languages, or each party selects a different one, any instrument may be filed in either such language. Statements made before the Tribunal or by one of its members in one procedural language shall, unless the Tribunal decides to dispense therewith, be interpreted into the other procedural language. The orders and the award of the Tribunal shall be rendered and the minutes kept in both procedural languages, both versions being equally authentic.

3. The Tribunal may authorize the use of a language other than a procedural language for a specified part of the proceeding. In such event it shall determine to what extent translation and interpretation into and from the procedural language or languages is required.

4. If a party uses a language other than an official language of the Centre, it shall be wholly responsible for the arrangements for and the special expenses incurred by any translation and interpretation into and from that language.

Article 31 - Copies of Instruments

Except as otherwise provided by the Tribunal after consultation with the parties and the Secretariat, every notice, 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:

1. before the number of members of the Tribunal has been determined: five; and

2. after the number of members of the Tribunal has been determined: two more than the number of its members.

Article 32 - Supporting Documentation

1. Documentation filed in support of any notice, request, pleading, application, written observation or other instrument introduced into a proceeding shall consist of one original and of the number of additional copies equal to the number of additional copies required of the instrument to which the documentation relates. The original shall, unless otherwise agreed by the parties or ordered by the Tribunal, consist of the complete document or of a copy or extract duly certified by a public official.

2. Each document which is not in a language approved for the proceeding in question shall, unless otherwise ordered by the Tribunal, be accompanied by a certified translation into such a language.

Article 33 - Time Limits

1. All time limits specified in these Rules or fixed by a Tribunal or the Secretary-General shall be computed from the date on which the limit is announced in the presence of the parties or their representatives or on which the Secretary-General dispatches the pertinent notification or instrument (which date shall be marked on it). The day of such announcement or dispatch shall be excluded from the calculation.

2. A time limit shall be satisfied if a notification or instrument dispatched by a party is delivered at the seat of the Centre, or to the Secretary of a Tribunal that is meeting away from the seat of the Centre, before the close of business on the indicated date or, if that day is a Saturday, a Sunday, a public holiday observed at the place of delivery or a day on which for any reason regular mail delivery is restricted at the place of delivery, then before the close of business on the next subsequent day on which regular mail service is available.

3. 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.

Article 34 - Waiver

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.

Article 35 - Filling of Gaps

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.

CHAPTER VII - WRITTEN AND ORAL PROCEDURES

Article 36 - Normal Procedures

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

Article 37 - Transmission of the Notice

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

Article 38 - 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 Claimant;

   2. a counter-memorial by the Respondent;

   and, if the parties so agree or the Tribunal deems it necessary:

   3. a reply by the Claimant; and

   4. a rejoinder by the Respondent.

2. 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 Claimant.

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.

Article 39 - The Oral Procedure

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.

Article 40 - 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.

Article 41 - 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, call upon the parties to produce documents, witnesses and experts.

Article 42 - Examination of Witnesses and Experts

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.

Article 43 - Witnesses and Experts: Special Rules

The Tribunal may:

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

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 procedure to be followed. The parties may participate in the examination. Minutes shall be kept in accordance with Article 44 of these Rules, mutatis mutandis; and

3. appoint one or more experts, define their terms of reference, examine their reports and hear from them in person.

Article 44 - Minutes

1. The Secretary-General shall keep minutes of all hearings; these shall include:

   1. the place, date and time of the hearing;

   2. the names of the members of the Tribunal present;

   3. the designation of each party present;

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

   5. the names, descriptions and addresses of the witnesses and experts heard;

   6. a summary record of the evidence produced;

   7. a summary record of the statements made by the parties;

   8. a summary record of questions put to the parties by the members of the Tribunal, as well as of the replies thereto; and

   9. any order made or announced by the Tribunal.

2. The minutes of the hearing shall be signed by the President of the Tribunal and the Secretary-General. These minutes alone shall be authentic. They shall not be published without the consent of the parties.

3. The Tribunal may, and at the request of a party shall, order that the hearings be more fully recorded, in which event items (f), (g) and (h) listed in paragraph (1) of this Article may be omitted from the minutes.

Article 45 - 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 VIII - PARTICULAR PROCEDURES

1. 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.

2. 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.

3. The Tribunal may on its own initiative consider, at any stage of the proceeding, whether the dispute before it is within its competence.

4. Upon the formal raising of an objection relating to the dispute, the proceeding on the merits shall be suspended. The Tribunal 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, the proceeding on the merits shall be resumed. If the Tribunal decides that the dispute is not within its competence, it shall issue an order to that effect, stating the grounds for its decision.

1. 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.

2. 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.

3. 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.

4. 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.

1. 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.

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.

1. 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.

2. 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:

   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) of this Article, no such periods 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.

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, or has not yet met, shall, at their written request, in an order take note of the discontinuance of the proceeding.

2. 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.

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.

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.

1. The award shall be made in writing, shall deal with every question submitted to the Tribunal and shall state the reasons upon which it is based.

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

3. 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.

4. 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.

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 Secretariat, 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;

   provided, however, that if the original text of the award must be filed or registered as contemplated by Article 53 (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.

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

1. 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 (a) the law determined by the conflict of laws rules which it considers applicable and (b) such rules of international law as the Tribunal considers applicable.

2. The Tribunal may decide ex aequo et bono if the parties have expressly authorized it to do so and if the law applicable to the arbitration so permits.

1. 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.

2. The Tribunal shall determine the procedure to be followed.

3. The interpretation shall form part of the award, and the provisions of Articles 53 and 54 of these Rules shall apply.

1. 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.

2. The provisions of Articles 53 and 54 of these Rules shall apply to such corrections.

1. 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.

2. The Tribunal shall determine the procedure to be followed.

3. The decision of the Tribunal shall become part of the award and the provisions of Articles 53 and 54 of these Rules shall apply thereto.

1. 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.

2. The decision of the Tribunal pursuant to paragraph (1) of this Article shall form part of the award.

The text of these Rules in each official language of the Centre shall be equally authentic.

The table below relates each Article of the Arbitration (Additional Facility) Rules (AAF) to similar provisions in: