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(superseded) International Chamber of Commerce, Rules of Conciliation and Arbitration - (Old) Conciliation and amended Arbitration Rules in force as from January 1, 1988 until December 31, 1997
International Chamber of Commerce (ICC)
copy @ Lex Mercatoria
1 . The international Court of Arbitration shall fix the amount of the advance on costs in a sum likely to cover the costs of arbitration of the claims which have been referred to it.
Where, apart from the principal claim, one or more counter-claims are submitted, the Court may fix separate advances on costs for the principal claim and the counter-claim or counter-claims.
2. The advance on costs shall be payable in equal shares by the Claimant or Claimants and the Defendant or Defendants. However, any one party shall be free to pay the whole of the advance on costs in respect of the claim or counter-claim should the other party fail to pay its share.
3. The Secretariat may make the transmission of the file to the arbitrator conditional upon the payment of the parties or one of them of the whole or part of the advance on costs to the international Chamber of Commerce.
4. When the Terms of Reference are communicated to the Court in accordance with the provisions of Article 13, the Court shall verify whether the requests for the advance on costs have been complied with.
The Terms of Reference shall only become operative and the arbitrator shall only proceed in respect of those claims for which the advance on costs has been duly paid to the International Chamber of Commerce.
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