YCCA
PART ONE: GENERAL PROVISIONS
PART TWO: RULES OF
CONCILIATION
Chapter (1): The
Conciliation Application
CHAPTER (2):
Conciliation Proceedings
PART THREE: ARBITRATION RULES
Chapter (1): Introductory Procedures
CHAPTER (2): Arbitration Tribunal
CHAPTER (3): An Arbitration Recusation
CHAPTER (4): Arbitration procedures and the
Applicable Law
CHAPTER (5): The Arbitration Award
PART FOUR: CHARGES AND FEES
PART FIVE: ADDITIONAL SERVICES
FINAL PART
CONCILIATION AND ARBITRATION
( AMENDED ) RULES
YCCA
PART ONE
GENERAL PROVISIONS
Interpretations
:-
Article (1) :
for implementing the provisions of these
Rules the following terms and expressions shall have the meaning shown
against each one of them unless the context requires otherwise :-
The Centre
: The Yemeni Centre for Conciliation and Arbitration.
The Chairman of the Centre
: The Chairman of the Board of Directors of the Yemeni Centre for
Conciliation and Arbitration.
The Secretary General :
The Secretary General of the Centre..
Arbitration Agreement
: The written agreement of the parties to resort to Arbitration whether
before the beginning of the dispute (Arbitration Clause ) or thereafter
(Arbitration Agreement ).
The Centre
The Centre Conciliation and Arbitration
Rules.
Rules:
The Tribunal
:Tribunal of an uneven number set up in accordance with the Centre Rules
concerning dispute, Commercial or Civil ,Local or International and
composed of one Arbitrator or more being selected or appointed from the
Panel of the Centre. Any of the Arbitrators may be selected from outside
the Panel on condition that the Rules of the Centre shall be observed
and the Centre agrees on that selection.
The Conciliator:
The person being selected or appointed from the Panel of Conciliators
and Arbitrators authorized by the Centre to resolve the dispute through
Conciliation..
The Expert
: Everyone being selected or appointed from the Panel of the Experts
authorized by the Centre, asking for the assistance of his expertise in
the field defined by the Tribunal.
The two parties of
Arbitration:The parties of
Arbitration dispute even numerous..
The Panel
: The schedule of names characteristics, and nationalities of the
Conciliators, Arbitrators and experts authorized by the Centre Yemenis
and non- Yemenis.
Article (2) : The
provisions of these Rules shall be implemented on disputes, Commercial
or Civil , and Local or International presented to the Centre for the
purpose of Conciliation or Arbitration pursuant to previous agreement
between the parties of the dispute or through an application from one of
them and the agreement of the parties/ the other party on that.
The
Effect of Arbitration Agreement :-
Article
(3):
The agreement of the parties on
Arbitration at the Centre in accordance with these Rules means the
compliance of the parties with these Rules and their obligation to
refrain from forwarding the dispute, the subject of the Arbitration,
before any person , or another judicial or non-judicial authority.. The
parties shall be obliged to put into effect the award that issued by
the Tribunal without delay.
Article (4):
The Arbitration Agreement shall be considered an independent from the
contract the subject matter of the dispute.. If the contract is
nullified or expired for any reason the Arbitration Agreement shall be
valid..
Arbitration
Location :-
Article
(5): The
Arbitration proceedings shall take place at the Centre location, unless
the dispute parties agree, to run them at another location, having the
consent of the Tribunal or the Tribunal or the Conciliator resolved
that, the Secretary General shall be notified , provided that the
Arbitration award shall be issued at the location of the Centre.
Decision
on Challenges :-
Article
(6): The
Tribunal is competent to decide on :-
a-
challenge pertinent to its jurisdiction.
b-
challenges based on non-Arbitration Agreement, nullity of this
agreement, its expiration or its exclusion of the dispute subject.
The
Parties Equal Treatment :-
Article
(7):
The Arbitration Tribunal shall treat the
Arbitration two parties on equal basis and shall facilitate to each of
them an equal chance to present his case and his defense.
Notifications
and Summons :-
Article
(8): Notifications
and Summons issued against, and the reply from , the parties , shall be
in writing , with acknowledgment of receipt through the used means of
communication.. The correspondences shall be addressed to the parties
addresses they forwarded to the Secretary General .
Assistance
from Attorney at Law :-
Article
(9): Any of the dispute
parties may seek the help from Legal Advisors or Lawyers , provided that
the attorneyship shall be attested in an official form , if it has not
concluded before the Tribunal .
PART TWO
RULES OF CONCILIATION
Chapter (1)
The Conciliation Application
Application Submission And Reply
to it :-
Article
(10):
1- The party who desires to resort to
Conciliation shall submit his application to the Secretary General
setting up in brief the subject of his application, attaching with it
the registration charge for the case and an undertaking to pay the
Conciliator fee and the administrative charge..
2- The Secretary General shall notify the
other party of the application for Conciliation within a period not
exceeding two days from the date of the registration charge
settlement.. The other party shall be allowed a period not exceeding
fifteen days to respond to the application for Conciliation indicating
his consent or refusal.
3- If the other party agrees to the
Conciliation application within the fixed period for him, the Secretary
General shall fix the Conciliator fees, and the administrative charges
pursuant to bye-law for regulating costs of Conciliation and
Arbitration attached to these Rules, and shall notify such fees and
charges to the two parties to the dispute .. These fees shall be
equally devided between the two parties , and the Secretary General
shall prepare an agreement for resort to Conciliation between the two
parties, embodying their full names , the point of issues , inrespect of
which Conciliation is required, the name of the Conciliator selected by
the two parties from the Panel of the Conciliators and the Arbitrators
or the selected Conciliator by the Secretary General from the Panel of
the Conciliators and the Arbitrators , if they authorize him his
appointment .. He shall define to them time to submit their evidences
and documents to the Conciliator .
CHAPTER (2)
Conciliation Proceedings
And the End
of The Conciliator
Assignment
The
Assignment of the Conciliator :-
Article
(11): 1-
The Conciliator shall manage the Conciliation proceedings according to
his own discretion purposing the principles of justice, impartiality and
equity .. His role shall be confined to the attempt to bring closer
between the viewpoints in the dispute. He may propose suggestions
capable of reaching a solution satisfactory to both parties.
2- The Conciliator
shall select the location for the Conciliation proceedings with the
consent of the disputing parties and without contradicting the
provisions or Article (5) of these Rules.
3- The parties shall
provide the Conciliator with the statements of facts and documents which
shall help him to perform his assignment.. Neither of them shall request
the resort to Arbitration before the Conciliator ends his assignment
according to Article (13) of these Rules.
Confidentiality
of Conciliation Proceedings :-
Article
(12): The Conciliation is of
a confidential character that shall be safe kept by every person
contributed to it, whatever the capacity was..
Termination
of the Conciliator from his assignment :-
Article
(13):
The proceedings of the Conciliator shall
be terminated by one of the following conditions :-
a-
Reaching a written agreement to settle the dispute.
b-
Non-reaching settlement , and in such case the Conciliator shall prepare
minutes setting out that the Conciliation attempt has failed.. such
minutes shall not be substantiated and shall be raised to the Secretary
General.
c-
If both parties to the dispute or either of them reports to the
Conciliator that he has no interest to continue in the Conciliation
proceedings.
Previous Undertaking of the
Parties :-
Article
(14): 1- The acceptance of
the parties to the dispute to resort to Conciliation according to these
Rules shall be considered as a previous undertaking not to call the
Conciliator before the Judiciary or the Arbitration Tribunal in respect
of this dispute as a witness.
2- The Conciliator shall not be appointed
an Arbitrator , Lawyer , or Expert , in the same dispute which he was
appointed , a Conciliator.
Article
(15): Neither party to the
dispute shall present something of the following as evidence in any
judicial or Arbitration proceeding :-
a-
Opinions mentioned by either of the parties and the proposals presented
before the Conciliator.
b-
Any of the proposals presented by the Conciliator.
c-
A fact of either party readiness to accept a proposal for Conciliation
presented by the Conciliator.
d-
Statements , informations talks and
admission obtained during the Conciliation proceedings.
Period Fixed for Conciliation :-
Article
(16): The Conciliator
shall terminate his assignment during a period not exceeding two months
from the date of his receipt the dispute file.. This period may be
extended not to exceed 30 days by a resolution issued by the Centre
Chairman according to a substantiated submission from the Conciliator ,
that is unless the parties agree on longer period.
Referring
the dispute to Arbitration :-
Article
(17):
If the parties do not agree on
resolutions to settle the dispute between them through the efforts of
the Conciliator during the fixed period , they may file their dispute to
Arbitration at the Centre if they are bound by Arbitration Agreement or
agree on that after the Conciliation proceedings failure.
Parties
Payment to Expenses :-
Article
(18): Neither party to the
dispute shall recover the fees paid for the Conciliator , and they shall
not be discharged from any fees, charges, or expenses actually paid for
the Conciliation proceedings , even if the amicable settlement to
resolve the dispute is not reached.. The Secretary General shall
determine the Conciliation expenses pursuant to bye-law for regulating
costs of Conciliation and Arbitration attached to these Rules.
PART
THREE
ARBITRATION RULES
Chapter
(1)
Introductory Procedures
Arbitration
Application :-
Article
(19): 1- Any party who
desires to resort to Arbitration in accordance with the Rules of the
Centre shall present a written application for Arbitration to the Centre
Secretary General, attaching to his application the Arbitration
Agreement, or elucidating his wish to resolve the dispute through
Arbitration according to the Rules of the Centre.
2- The Arbitration
application and its enclosures shall in sufficient copies as to the
number of the Arbitration parties, the members of the Tribunal with
additional copy for the Centre.. The application shall specially
include the following :-
a-
the name of the Arbitration applicant , title , capacity , nationality
and his address.
b-
the other parties or party name , title , capacity , nationality and
their or his address.
c-
presentation of the dispute subject matter and specification of his
claims..
d-
the valid agreements in particular the Arbitration Agreement ,the
documents and information that clarify the circumstances of the case.
e-
his position on the number of Arbitrators , and the name of the
Arbitrator he selects or the attorneyship to the Centre Secretary
General for his selection from the Panel.
3- The fixed
registration charges shall be attached to the application, otherwise the
application shall be rejected..
4- The date on
which the Secretary General receives the Arbitration application shall
be deemed to be the date of commencement of Arbitration proceedings.
5- The Secretary
General shall within a period not exceeding (3) days , from the date,
the registration charges are paid , inform the other party with a copy
of Arbitration application and its enclosures for reply to , within a
period not exceeding (30) days from the date on which he has received
the centre memorandum attached to Arbitration application.
Reply
to the Application :-
Article
(20): 1- The other party
shall reply in writing to the Secretary General within the period
specified in paragraph (5) of the foregoing Article , attaching to , the
supporting documents he considers , in sufficient copies.. The reply
shall include the following :-
a-
his reply to the allegations of the Arbitration applicant.
b-
any counter claims if any .
c-
the name and address of the Arbitrator he selects or authorizes the
Centre Secretary General to select..
2- The other party
, as an exceptional case may apply to the Secretary General for an
additional period not exceeding (10) days to expose his ways of defense
and to present his documents .. His application for new period shall
include his reply to the presented proposals regarding the number of the
Arbitrators , their selection , and the name of the Arbitrator he
selects..
3- The Secretary
General shall send the reply of the other party with its enclosures and
the counter claim if any , to the party the applicant of the Arbitration
within (3) days from the date he receives that..
4- If the other
party refuses to send his reply and its enclosures within the period
specified in Article (19/5 ) or declines the Arbitration where there is
an Arbitration Agreement between the parties to resolve the dispute
pursuant to the Centre Rules, the Secretary General shall summon him
once again with a copy of the Arbitration application and its enclosures
to reply to it within a period not exceeding (15) days from the date he
receives the second summons, notifying him that his refusal to reply or
his declining Arbitration shall not hinder the ongoing of the
Arbitration proceedings and the issuing of the Arbitration Award in the
dispute case in spite of his absence .. If he refuses the reply or
declines the Arbitration , the Arbitration proceedings shall continue in
spite of this refusal or denial provided that the Arbitration applicant
party shall pay the expenses of the Arbitration concerning the other
party.
5- Upon the consent
of the other party to the Arbitration application, the Secretary General
shall prepare the resort agreement to Arbitration between the two
parties embodying the names, capacities , nationalities , addresses of
the two parties, the dispute subject matter , valid agreements between
the two parties and the Tribunal selected to decide on the dispute..
6- The Secretary
General shall fix the Arbitration expenses according to bye-law for
regulating costs of Arbitration attached to these Rules.. The charges
and fees shall be paid by equal shares between the two parties.
Counter
Claim :-
Article
(21): 1- The other party in
Arbitration may submit counter claim to the Secretary General at the
same time he presents his reasons of defense pursuant to the previous
Article , together with the payment of the charges and fees ought to be
paid for the additional or new claims that concern him otherwise his
claim shall be rejected.. The claim shall be issued in sufficient copies
corresponding with the number of , Arbitration two parties, the Tribunal
members , with additional copy for the Centre.
2- The applicant for Arbitration shall
within a period not exceeding (10) days from the date of notifying him
the counter claim, shall submit a memorandum embodying his reply to it.
Nonexistence of Arbitration
Agreement :-
Article
(22):
1- Upon nonexistence of Arbitration Agreement between the parties or
there is an agreement between them , not referring to the dispute
resolution according to the Centre Rules , the application of
Arbitration presented at the centre by either party may be confined to
the following :-
a-
name of Arbitration applicant, title , capacity , nationality and his
address.
b-
the other parties/ party name, title, capacity , nationality and his
address.
c-
brief presentation of the dispute subject.
d-
his position regarding the number of Arbitrators, name of Arbitrator he
selects, or the authorization to the Centre Secretary General for his
selection from the Panel .
e-
Registration charges .
2- The Secretary General shall inform the
other party immediately with copy of Arbitration application to reply to
it, within (10) days, from the date of his receipt of the centre
memorandum being attached to the application.
3- In the state of the other party agreement
to the Arbitration application according to the Centre Rules, the
procedures mentioned in the previous Article of this Chapter shall be
complied with.
4- If the other party does not respond to
the Arbitration application within the period set forth in
paragraph (2) of this Article or declines Arbitration in accordance with
the Centre Rules , the Arbitration applicant shall be informed that
Arbitration is unattainable.
CHAPTER (2)
Arbitration Tribunal
Tribunal Consistency :-
Article
(23): The Tribunal shall
consist of single Arbitrator, three Arbitrators or more according to the
number of the dispute parties provided that the number of the Tribunal
shall be an uneven.
Tribunal
Formation :-
Article
(24): 1- If the parties agree
that the dispute shall be decided by single Arbitrator, he shall be
selected by them from the Panel .. If they do not agree on his
nomination the Secretary General shall appoint the Arbitrator from the
Panel within a period of a week from the date he receives the reply to
Arbitration application..
2- If the agreement is to appoint three or
more Arbitrators, either party shall , in the Arbitration application ,
or in the reply to it, appoint an Arbitrator from his side from the
Panel of the Arbitrators at the Centre .. if that has not been achieved
, the Secretary General shall fix time not exceeding (10) days for the
parties or the party who does not perform the selection to select the
Arbitrator.
3- If either party refrains from appointing
an Arbitrator the Secretary General shall appoint him from the Panel.
4- The two selected Arbitrators shall
appoint the third Arbitrator from the Panel who shall take the chair of
the Tribunal , that is within (15) days from the date of the last
Arbitrator appointment.. If this period lapses without appointing the
third Arbitrator, the Secretary General shall appoint him after
consultation with the Centre Chairman.
Article (25):
The Arbitrator being selected or appointed shall not be an Arbitrator in
three dispute cases subject to hearing before the Centre.
Appointment of An alternative
Arbitrator :-
Article
(26): In the event of an
Arbitrator death retirement or legal , materialistic obstacle
that happens to obstruct the continuity of the Arbitrator to perform his
assignment, an alternative Arbitrator shall be appointed by the party
or the authority that appointed the preceding.
CHAPTER (3)
An Arbitration Recusation
Application of Recusation :-
Article
(27): 1- Either of the
dispute parties may apply for recusing one of the Arbitrators to hear
the dispute provided that he shall set forth in his application
submitted to the Centre Chairman , the recusation reasons that shall be
the same reasons for which a judge can be recused..
2- Either of the dispute parties shall not
recuse an Arbitrator, he , appointed or participated in his appointment
save for reasons he discovered after the appointment of this Arbitrator
has taken place .
3- The application for recusing an
Arbitrator by either of the parties shall be submitted within a period
not exceeding (15) days from the date of his notification or awareness
of an Arbitrator appointment against which his recusation is required,
or of circumstances that substantiate the recusation.
Article (28):
In the event that either of the dispute parties applies for the
recusation of Arbitrator the other party may agree on the recusation, as
the Arbitrator against which his recusation is applied for, may withdraw
from hearing the dispute.. the alternative Arbitrator shall be
appointed in the same process which that Arbitrator was appointed
accordingly ..
The Decision on the Application of
Recusation :-
Article (29):
1- If the other party does not agree on the application of recusation
and the Arbitrator against which his recusation is applied for, does not
withdraw from hearing the dispute, especial committee shall set up by a
resolution issued from the Centre Chairman to decide on the application
of an Arbitrator recusation.
2- The aforementioned committee in the
preceding paragraph shall be composed of, under the chair of the Centre
Chairman and two members who shall be selected by him from the Centre
Panel of Arbitrators provided that they shall be from persons of law and
legal profession witnessed in their favour impartiality and good
reputation .. And they have no any kinship or valid business
relationship with the Arbitrator against which his recusation is applied
for..
3- The committee shall decide on the
recusation application within a period not exceeding (10) days from the
issuing date of its formation resolution.
4- The committee resolution regarding the
decision on the application shall be substantiative and final.. The
Arbitration proceedings shall resume according to the resolution.
5- The dispute parties and the Arbitrator against which his recusation is
applied for, shall be informed of the committee resolution right after
its issuing.
6- If the committee resolves to recuse the
Arbitrator, a new Arbitrator shall be appointed pursuant to the
provisions of these Rules and in the same method of the Arbitrator who
has been recused and by the party or the authority that appointed him..
CHAPTER (4)
Arbitration procedures and the
Applicable Law
Handing over the File to the
Tribunal :-
Article
(30): The Secretary General
shall hand over the file of the dispute case to the Tribunal after, the
finalization of the Arbitration Tribunal formation, the payment of the
administrative charges, the fixed Arbitration fees, the appointment of
the Tribunal Secretary andafter the secretariat of the Centre setting it
up , indexing and sealing each page of its pages.
The Assignment of the Tribunal :-
Article
(31): 1- Once the Tribunal
receives the file of the case it shall start hearing the case.. The
period determined in Article (44) of these Rules to issue its award
shall commence from the date of the first session which attended by the
parties or their lawyers.
2- The Tribunal in its
first session and before hearing the case shall work out a minutes for
setting forth its assignment according to the documents forwarded by the
parties.. the Tribunal first session shall specially involve the
following informations :
a-
the parties names , titles , capacities and nationalities .
b-
the parties addresses that shall dispatch through them accurately, all
the notifications and summons during conducting an Arbitration.
c-
a brief putting forward of the parties allegations.
d-
confining point of issues that shall be decided upon.
e-
location of Arbitration .
f-
language of Arbitration .
g-
name of Arbitrator or Arbitrators their addresses, capacities and
nationalities..
h-
any other informations that the Tribunal considers useful..
3- The minutes refers
to in the preceding paragraph of this Article shall be signed from all
the parties or their lawyers and the Tribunal.. copy of this minutes
after signature shall be handed over to the Secretary General.
4- If either of the
parties or his lawyer refuses to attend or to sign the minutes , the
Tribunal shall inform that, to the Secretary General , who shall fix
time for the defaulting party not exceeding (10) days to sign the
minutes.. If this time lapses and this party remains refusing to sign,
the Arbitration shall take its course to the end without the signature
of the refusing party.
Confidentiality
of the Proceedings :-
Article
(32): The Arbitration
proceedings , papers and documents shall have the confidential
characteristic that ought to be adhered to , from any person who has
participated in the proceedings or has perused the documents.. this
commitment shall be valid during the hearing of the dispute and after
the issuing of the award.
Provisional
Remedies :-
Article
(33): The Tribunal may apply
to the court of jurisdiction for adopting what it considers necessary
regarding the precautionary (interim) measures in respect of the subject
matter of the dispute.
Arbitration
Language :-
Article
(34): 1- The Arabic language
shall be the language of Arbitration unless the parties or the Tribunal
shall agree or decide otherwise taking in consideration the language of
the contract, parties, documents and the other circumstances surrounding
the case.
2-
The Tribunal may resolve to hear the statements of either party,
witnesses , and experts who are ignorant of Arbitration language , in
another language with the help of an interpreter after taking oath
before the Tribunal , just as it may permit the presentation of
memorandums, evidences or procedure of pleadings in another language
attached with attested translation of Arbitration language ..
Rules to be applicable :-
Article (35):
The Rules of procedures that shall be applicable before the Tribunal are
those which are derived from these Rules.. At the time when they are
not tackling certain matter, the Rules shall be that determined by the
parties , and when that are not attainable the Rules shall be that
determined by the Tribunal.
Article (36):
The Tribunal shall decide on the
dispute according to the following :-
1-
the agreement/ the contract concluded between the dispute parties or
any other subsequent agreement between them.
2-
the law selected by the parties or considered by the Tribunal.
3-
the law that mostly connected with the dispute subject which it thinks
reasonable either law of contract location, law of location of
enforcement or any other law in connection with the dispute without
prejudice to the term of the contract .
4-
commercial , bank, local and international Rules .
Article (37):
The dispute parties may attend by
themselves before the Tribunal, either of them may authorize a lawyer
to attend on his behalf and the Tribunal shall ascertain the genuineness
of the parties representation before it.
Principles of Litigation :-
Article (38):
The Tribunal shall adhere to the fundamental principles for
litigation in performing its assignment of which the more significants
are :-
1-
sticking to the right of defense, that
is by enabling every party to deliver what he has of statements ,
pleas , proofs and evidences before the closing of the argumentations
and issuing of the award..
2-enabling
each party to peruse the papers and documents presented by the other
party.
3-
the equal treatment of the parties .
Hearing of the Parties :-
Article
(39): 1-
According to papers and documents
presented by the parties or pursuant to their request or the request of
either of them , the Tribunal shall hear their statements directly , and
also shall have the right to resolve to hear any other person in the
presence of the two parties or after calling them according to
principles.
2- The Tribunal may be
satisfied with documents presented by the two parties and make its award
accordingly if it considers them sufficient to issue its award.
3- According to the
request of the two parties, either of them or ex-officio the Tribunal
shall summon them to attend on the date and location it determines
taking in consideration time of distance provided that notification
shall be through the Secretary General.
4- If either of the
parties has been absent in spite of his notice has been accurately
issued to him, the Tribunal may after being ascertain of non-acceptable
excuse, continue its assignment and the procedures shall be considered
perfect as if in the presence of the two parties.
5- The single
Arbitrator or the Chairman of the Tribunal shall conduct the sessions
and shall not allow the presence of persons who have no relation with
the case, unless the parties and Tribunal agree otherwise.
6- The Tribunal shall
have a Secretary who shall be selected by the Secretary General after
consultation with the Chairman of the Tribunal.
Experts Appointment :-
Article
(40): Without prejudice to
the right of either party to present technical expertise report as part
of the documents to strengthen his point of view, the Tribunal shall ,
ex-officio , or according to the request of either party seek the help
of an expert or more when the circumstances of the case necessitate that
.. It shall fix in the appointment resolution of the expert the duties
assign to him and the period which he shall forward his report within,
as the Tribunal shall asses the expert fees, the party or the parties
who shall pay the fees and the fixed date for its payment, that is after
taking the opinion of the Secretary General.
Proceedings Suspension Temporarily
:-
Article
(41): The Arbitration
proceedings shall suspend, if legal or factual impediment is obstructing
their continuance till the removal of this imediment.. The proceedings
shall suspend specially in following conditions:-
1-
the impossibility of the Arbitrator
presence at Arbitration sessions, his exoneration or his decease.
2-
the decease of either dispute party or
the loss of his eligibility.
3-
non-settlement of Arbitration expenses of charges, fees or any other
expenses according to what fixed in these Rules and Arbitration expenses
bye-law..
4-
at the application for Arbitrator
recusation.
5-
challenge against forgery of documents if it is necessary to decide on
Arbitration .. In this case the Tribunal shall refer the allegation to
specialized expert or more to verify the subject matter of forgery and
issue the resolution on that..
To
Re-Open Pleading Matter :-
Article
(42): The Tribunal may
ex-officio or according to request of either dispute parties, after
closure of pleadings, and before the pronounce of award resolve at any
time to allow once again the re-opening of the pleading matter for
fundamental reasons.
The Previous Verification for the
Award :-
Article (43):
In all circumstances that
these Rules have not expressly dealt with, the Tribunal shall act
seeking guidance of these Rules essence and shall do utmost of its
efforts in previous verification for the award before its signature on
it, in order to be liable to enforcement legally .. The Tribunal shall
pay special attention to the points related to the subject matter of the
dispute , the attainable of the necessitating formalities imposed by the
applicable law on the proceedings , and the non-violation of absolute
ruling provisions..
CHAPTER (5)
The Arbitration Award
The Period that the Award shall be
issued within :-
Article
(44): 1- The Tribunal shall
issue its award within a period of three months with effect from the
date of the first session of the Tribunal according to Article (31) of
these Rules.
2- The Chairman of the centre pursuant to
substantiated request of the Arbitration Tribunal when under necessity,
may extend this period, if he deems it necessary provided that such
periods of extensions shall not exceed the double period aforementioned
in paragraph (1) of this Article.
Discussion :-
Article
(45): If the Arbitrators are
numerous , and the pleading matter has been closed, the Tribunal shall
convene for discussion and issue the award.. the discussion shall be
confidential .. If the Tribunal is formed from single Arbitrator he
shall issue the award after the closure of the pleading.
Issuing the Award :-
Article
(46) : If the Arbitrators are
numerous, the award shall be issued by unanimity or majority .. in the
event an Arbitration is issued by majority the dissenting Arbitrator
shall note down his opinion in the draft of the award.
Article
(47): Pursuant to these Rules
the award shall be deemed to be issued at the location of the Centre on
the date of its signature by the Arbitration Tribunal.. The Tribunal
shall pronounce the award on an official session in the presence of the
parties or their lawyers , and the calculation of times conseqent upon
the date of issuing the Arbitration award , shall be from the date of
the session for its pronouncement or from the date of summon the parties
with the award at the event of non-presence.
Article
(48): The Award shall be
issued in the language which the parties have agreed upon to run the
Arbitration.
The
Content of the Award :-
Article
(49): 1- The Arbitration
award finalizing the dispute shall be substantiated .
2- The award shall
specially include the following :-
a-
name/ names of Arbitration Tribunal .
b-
the parties to dispue names, capacities. nationalities and addresses.
c-
Arbitration Agreement.
d-
a brief setting forth of the dispute facts.
e-claims
and pleas of the parties to dispute and reasons to accept or reject
any application.
f-
the award pronouncement .
g-
the party who shall bear Arbitration costs or portion of its allotment
among parties.
h-
date and location of Arbitration issuing.
Handing over the Award :-
Article (50):
1- The Tribunal shall immediately
after pronouncing the award hand it over to the Secretary General.
2- The Secretary
General shall hand over a copy of the award to each party to the dispute
within (3) days from the date of receiving the award from the Tribunal.
Correcting And interpreting the
Award :-
Article
(51): a- Each of the two
parties may request from the Tribunal to correct mathematical , written
, print or any other analogous error contained in the award provided
that the other party shall be informed.
b-
The two parties or either of them may request from the Tribunal to
interpret certain point in the award or part of it provided that the
other party shall be informed.
c-
The application for correction or interpretation shall be presented to
the Tribunal during period not exceeding (30) days from the date of
receipt of the award .
d-
If the Tribunal finds that the application for correction or
interpretation is justifiable , it shall carry out the correction or
issue the interpretation within thirty days from the date of receipt of
the application.. The interpretation shall be part of the award.
e-
The Arbitration Tribunal may ex-officio correct any error of kind
aforementioned in paragraph (a) of this Article within thirty days from
the date of issuing the award.
PART FOUR
CHARGES AND FEES
Article (52) :
The two parties to dispute shall not recover the paid Arbitration
charges and fees, if the Arbitration proceedings came to a stop at the
Centre either for reconciliation concluded between the two parties to
dispute or if the two parties withdraw the dispute from the Centre
Arbitration.
Article (53):
1- The Secretary General shall
fix the administrative charges ought to be paid , the Tribunal or the
Conciliator fees and the expected expenses during the Arbitration
proceedings pursuant to what fixed in bye-law for regulating costs of
Conciliation and Arbitration .
2-
The charges , fees and expenses shall be paid equally between the two
parties to dispute and either of the two parties may pay them in full if
the other party refused to pay his charges and fees portion.
3- The Secretary General shall have the
right in suspending the delivery of the case file to the Tribunal as he
may have the right to request from the Tribunal to suspend the
procession of the proceedings till the payment of the determined
charges, fees and any other due expenses.
Article (54):
Any original, subsidiary application or counter claim shall not be
submitted to the Conciliator or the Tribunal unless after the full
settlement of :-
a-
administrative charges .
b-
(50%) fifty percent of the Conciliator or the Tribunal fees.
PART FIVE
ADDITIONAL SERVICES
Article (55):
1-
The Centre provides additional services
outside the scope of these Rules appearing in :-
a-
acceptance of authorization by
party or parties to dispute to select the Arbitrators from the centre
authorized Panel of Arbitrators.
b-
providing and arranging facilities and assistances required for
conducting Conciliation or Arbitration at the Centre location.. these
facilities and assistances may include :-
-
using the centre halls by the Tribunals
of Conciliation and Arbitration.
- the service of
secretarial work and translation .
- keeping Conciliation
and Arbitration documents and papers.
- coordinating and
arranging between the Conciliation, Arbitration Tribunals and parties,
to dispute ..
2- The Centre shall receive , in
consideration of such services, charges defined in bye-law for
regulating costs of Conciliation and Arbitration in which the Centre
administrative charges , the volume work and the actual expenses
incurred by the Centres shall be considered in determining them.
FINAL PART
Article
(56): The Board of Directors
may amend these Rules and the amendment will come into effect from the
date of its ratification by Minister of Justice , and shall be published
in the official Gazette.
Article
(57): The Centre Board of
Directors approved these Rules on 14th August,1999 and shall be
effective from the date of its relification by Minister of Justice, and
shall be published in the official Gazette.
Article
(58): The preceding Rules of
Conciliation and Arbitration shall be repealed with effect from the date
on which these Rules come into force.
THESE
RULES WERE RATIFIED BY A RESOLUTION FROM THE MINISTER OF JUSTICE
NO.(226) ISSUED ON 29TH JUMAD AWAL 1420 A.H. CORRESPONDING TO 9TH
SEPTEMBER 1999 A.D.
