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

Foreword

Standard ICC Arbitration Clause

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

Introductory Provisions

Article 1 - International Court of Arbitration

Article 2 - Definitions

Article 3 - Written Notifications or Communications; Time Limits

Commencing the Arbitration

Article 4 - Request for Arbitration

Article 5 - Answer to the Request; Counterclaims

Article 6 - Effect of the Arbitration Agreement

The Arbitral Tribunal

Article 7 - General Provisions

Article 8 - Number of Arbitrators

Article 9 - Appointment and Confirmation of the Arbitrators

Article 10 - Multiple Parties

Article 11 - Challenge of Arbitrators

Article 12 - Replacement of Arbitrators

The Arbitral Proceedings

Article 13 - Transmission of the File to the Arbitral Tribunal

Article 14 - Place of the Arbitration

Article 15 - Rules Governing the Proceedings

Article 16 - Language of the Arbitration

Article 17 - Applicable Rules of Law

Article 18

Article 19 - New Claims

Article 20 - Establishing the Facts of the Case

Article 21 - Hearings

Article 22 - Closing of the Proceedings

Article 23 - Conservatory and Interim Measures

Awards

Article 24 - Time Limit for the Award

Article 25 - Making of the Award

Article 26 - Award by Consent

Article 27 - Scrutiny of the Award by the Court

Article 28 - Notification, Deposit and Enforceability of the Award

Article 29 - Correction and Interpretation of the Award

Costs

Article 30 - Advance to Cover the Costs of the Arbitration

Article 31 - Decision as to the Costs of the Arbitration

Miscellaneous

Article 32 - Modified Time Limits

Article 33 - Waiver

Article 34 - Exclusion of Liability

Article 35 - General Rule

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

Article 1 - Function

Article 2 - Composition of the Court

Article 3 - Appointment

Article 4 - Plenary Session of the Court

Article 5 - Committees

Article 6 - Confidentiality

Article 7 - Modification of the Rules of Arbitration

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

Article 1 - Confidential Character of the Work of the International Court of Arbitration

Article 2 - Participation of Members of the International Court of Arbitration in ICC Arbitration

Article 3 - Relations between the Members of the Court and the ICC National Committees

Article 4 - Committee of the Court

Article 5 - Court Secretariat

Article 6 - Scrutiny of Arbitral Awards

Appendix III - Arbitration Costs and Fees

Article 1 - Advance on Costs

Article 2 - Costs and Fees

Article 3 - Appointments of Arbitrators

Article 4 - Scales of Administrative Expenses and Arbitrator's Fees

A. Administrative Expenses

B. Arbitrator's Fees

Examples for illustrative purposes only

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

ICC - International Chamber of Commerce Arbitration Rules 1998 - (these rules came into effect on 1 January 1998)

International Chamber of Commerce (ICC)

copy @ Lex Mercatoria

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

Costs

Article 30 - Advance to Cover the Costs of the Arbitration

1. After receipt of the Request, the Secretary General may request the Claimant to pay a provisional advance in an amount intended to cover the costs of arbitration until the Terms of Reference have been drawn up.

2. As soon as practicable, the Court shall fix the advance on costs in an amount likely to cover the fees and expenses of the arbitrators and the ICC administrative costs for the claims and counterclaims which have been referred to it by the parties. This amount may be subject to readjustment at any time during the arbitration. Where, apart from the claims, counterclaims are submitted, the Court may fix separate advances on costs for the claims and the counterclaims.

3. The advance on costs fixed by the Court shall be payable in equal shares by the Claimant and the Respondent. Any provisional advance paid on the basis of Article 30(1) will be considered as a partial payment thereof. However, any party shall be free to pay the whole of the advance on costs in respect of the principal claim or the counterclaim should the other party fail to pay its share. When the Court has set separate advances on costs in accordance with Article 30(2), each of the parties shall pay the advance on costs corresponding to its claims.

4. When a request for an advance on costs has not been complied with, and after consultation with the Arbitral Tribunal, the Secretary General may direct the Arbitral Tribunal to suspend its work and set a time limit, which must be not less than 15 days, on the expiry of which the relevant claims, or counterclaims, shall be considered as withdrawn. Should the party in question wish to object to this measure, it must make a request within the aforementioned period for the matter to be decided by the Court. Such party shall not be prevented, on the ground of such withdrawal, from reintroducing the same claims or counterclaims at a later date in another proceeding.

5. If one of the parties claims a right to a set-off with regard to either claims or counterclaims, such set-off shall be taken into account in determining the advance to cover the costs of arbitration in the same way as a separate claim insofar as it may require the Arbitral Tribunal to consider additional matters.


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