Article 18

116

Terms of Reference; Procedural Timetable

117

1. As soon as it has received the file from the Secretariat, the Arbitral Tribunal shall draw up, on the basis of documents or in the presence of the parties and in the light of their most recent submissions, a document defining its Terms of Reference. This document shall include the following particulars:

118

(a) the full names and descriptions of the parties;

119

(b) the addresses of the parties to which notifications and communications arising in the course of the arbitration may be made;

120

(c) a summary of the parties' respective claims and of the relief sought by each party, with an indication to the extent possible of the amounts claimed or counterclaimed;

121

(d) unless the Arbitral Tribunal considers it inappropriate, a list of issues to be determined;

122

(e) the full names, descriptions and addresses of the arbitrators;

123

(f) the place of the arbitration; and

124

(g) particulars of the applicable procedural rules and, if such is the case, reference to the power conferred upon the Arbitral Tribunal to act as amiable compositeur or to decide ex aequo et bono.

125

2. The Terms of Reference shall be signed by the parties and the Arbitral Tribunal. Within two months of the date on which the file has been transmitted to it, the Arbitral Tribunal shall transmit to the Court the Terms of Reference signed by it and by the parties. The Court may extend this time limit pursuant to a reasoned request from the Arbitral Tribunal or on its own initiative if it decides it is necessary to do so.

126

3. If any of the parties refuses to take part in the drawing up of the Terms of Reference or to sign the same, they shall be submitted to the Court for approval. When the Terms of Reference have been signed in accordance with Article 18(2) or approved by the Court, the arbitration shall proceed.

127

4. When drawing up the Terms of Reference, or as soon as possible thereafter, the Arbitral Tribunal, after having consulted the parties, shall establish in a separate document a provisional timetable that it intends to follow for the conduct of the arbitration and shall communicate it to the Court and the parties. Any subsequent modifications of the provisional timetable shall be communicated to the Court and the parties.

International Court of Arbitration Rules of Arbitration in force as from 1 January 1998

Rules of Arbitration of the International Chamber of Commerce (in force as from 1 January 1998)

Introductory Provisions

Commencing the Arbitration

The Arbitral Tribunal

The Arbitral Proceedings

Awards

Costs

Miscellaneous

Appendix I - Statutes of the International Court of Arbitration of the ICC

Appendix II - Internal Rules of the International Court of Arbitration of the ICC

Appendix III - Arbitration Costs and Fees

Metadata

Manifest

Rules of Arbitration of the International Chamber of Commerce (in force as from 1 January 1998)

The Arbitral Proceedings

Article 18