Application of Rules
1. (1) Where parties to an agreement agree that a dispute in relation to that agreement be referred to arbitration by the Alternative Dispute Resolution Centre, the dispute shall be settled in accordance with these Rules subject to any modifications of the Rules that the parties may agree upon in writing; except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall apply.
(2) Where parties to an existing dispute file with the Centre a written agreement to submit the dispute to arbitration under these Rules or by the Centre, these Rules shall apply subject to any modification agreed on by the parties; except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall apply.
2. A sole arbitrator or a panel constituted by the parties for the settlement of a dispute under these Rules shall be called an Arbitral Tribunal.
3. Where parties agree to arbitration by the Centre, the Centre is the administrator of the arbitration.
Delegation of administrative duties
4. The administrative duties of the Centre under these Rules shall be carried out through officers or committees of the Centre.
Administration by regional, district offices of Centre
5. The Centre, may assign the administrative function of arbitration to any of its office in the regions or districts.
6. (1) For the purposes of these Rules, any notice, including a notification, communication or proposal, is received if it is physically delivered to the addressee or if it is delivered at the addressee’s habitual residence, place of business or mailing address, or, if none of these can be found after making reasonable inquiry, then at the addressee’s last-known residence or place of business and notice is deemed to have been received on the day it is delivered.
(2) A notice required to be given under these Rules may be given by telephone, telex, facsimile, e-mail or any other means of electronic communication.
(3) A notice given through telephone or any other verbal mode permitted under subrule (2) shall be confirmed in writing which shall state the names, addresses (including e-mail addresses) and telephone numbers of the parties.
(4) Failure to confirm a notice in writing under subrule (3) does not invalidate the proceedings.
Initiation of arbitration
7. (1) A party who intends to initiate arbitration proceedings with the Centre (the ‘claimant’) shall give to the other party (the ‘respondent’) a notice of arbitration.
(2) The notice of arbitration shall include
(a) a copy of the arbitration agreement;
(b) a demand that the dispute be referred to arbitration;
(c) the name and addresses of the parties;
(d) a reference to the arbitration clause or the separate arbitration agreement that is invoked;
(e) a reference to the contract out of or in relation to which the dispute arises;
(f) the statement of claim, stating the general nature of the claim and an indication of the amount involved, if any;
(g) the relief or remedy sought; and
(h) a proposal as to the number of arbitrators if the parties have not previously agreed on the number of arbitrators.
(3) The notice of arbitration may also include
(a) the proposals for the appointment of an arbitrator, and
(b) the notification of the appointment of an arbitrator referred to in rule 14.
(4) The claimant shall at the time of service of the notice on the respondent, file 2 copies of the notice at an office of the Centre upon paying the appropriate administrative fee.
(5) Arbitration proceedings commence on the date on which the notice is received by the respondent.
(6) Within seven days after a notice has been filed with the Centre, the Centre shall inform the other party of the filing of the notice.
(7) The respondent shall within fourteen days of being served with a notice under subsection (1), file an answer in duplicate with the Centre and serve the claimant with a copy of the answer.
(8) Where an answer includes a counterclaim, the notice of the counterclaim, the amount involved, if any, and the remedy sought shall be stated in the counterclaim.
(9) A respondent who makes a counterclaim in an answer shall pay the appropriate administrative fee to the Centre.
(10) The failure of the respondent to file an answer within time shall
(a) be assumed to be a denial of the claim; and
(b) not stay the arbitration proceedings.
(11) Unless the Centre in Consultation with the parties determine otherwise, the Expedited arbitration Procedure provided for under Schedule III of this Act shall be applied In a case where the total sum claimed, exclusive of interest and arbitration costs, does not exceed US$100,000 or its equivalent in cedis.
Change or amendment of claim
8. (1) A party who after filing a claim desires to make a new claim or amend the claim shall file the new claim or amended claim with the Centre and serve the other party with a copy.
(2) A party served with a new or amended claim shall within seven days from the date of being served, file an answer with the Centre.
(3) A new claim or amendment to a claim shall not be made after the appointment of an arbitrator, except with the consent of the arbitrator.
9. A party or the Centre may before the appointment of an arbitrator request for the holding of an administrative conference with representatives of the Centre and the parties or their representatives to
(a) organise and expedite the arbitration
(b) study and discuss the administrative issues involved in the case,
(c) determine the most suitable means of appointing an arbitrator, and
(d) consider mediation as a means of resolving the dispute.
Number of arbitrators
10. (1) The parties may agree on the number of arbitrators and if the parties within fourteen days of the service of the notice of arbitration on the respondent, do not agree on the number of arbitrators, three arbitrators shall be appointed.
(2) Where the arbitration agreement provides for the appointment of an even number of arbitrators
(a) the arbitrators shall within fourteen days of their appointment appoint an additional
Additional arbitrator to be the umpire;
(b) if the arbitrators are unable to appoint the additional arbitrator within the specified time, the Centre shall appoint the additional arbitrator to be the umpire.
Appointment of arbitrators
11. (1) If the parties in their agreement name an arbitrator or specify a method of appointment of an arbitrator, that designation shall be followed, except that the parties shall provide the Centre with the full names, addresses, nationalities and qualifications of the arbitrators named by them.
(2) If the parties do not name an arbitrator or provide a method for the appointment of an arbitrator, but have provided for the appointment of a sole arbitrator, either party may propose to the other party
(a) the full names, addresses, nationalities and qualifications of one or more persons, one of whom would serve as the sole arbitrator, or
(b) that the Centre should appoint the sole arbitrator.
(3) If within fourteen days of a proposal being made under subrule (2)(a) the parties are unable to reach an agreement, the appointment of the sole arbitrator shall be made by the Centre.
(4) Where the arbitration agreement requires the appointment of three arbitrators and agreed on the number of arbitrators.
(a) each party shall appoint one arbitrator; and
(b) the appointed arbitrators shall appoint the third arbitrator who shall be the umpire.
(5) Where the arbitrators appointed by the parties fail to appoint an umpire, the umpire shall be appointed by the Centre.
(6) Where under subrule (4), a party who is given notification of appointment of arbitrator does not within fourteen days of the notification appoint an arbitrator and notify the other party of the appointment, that other party shall request the Centre to appoint the second arbitrator.
(7) If the arbitration agreement does not specify a period of time for the appointment of an arbitrator, the Centre shall request the parties to make the appointment within fourteen days and if any party or all the parties fail to make the appointment the Centre shall appoint the arbitrator.
(8) A party who has to appoint an arbitrator may request from the Centre a list of arbitrators from the register of arbitrators, from which the party may make the appointment, and Centre shall provide the list.
(9) Where the Centre has to appoint an arbitrator,
(a) the Centre shall, after the filing of the notice of arbitration, submit to each party at the same time an identical list of five persons from the register, and
(b) each party shall, within seven days from the submission of the list cross out any two names to which the party objects and number the remaining names in order of preference and return the list to the Centre.
(10) If a party fails to return the list within the specified time, all persons on the list shall be considered acceptable to that party and the Centre shall be entitled to appoint any of the persons on the list.
(11) The Centre shall, in accordance with the order of preference indicated on the returned lists, appoint the arbitrator and notify the arbitrator and the parties within seven days of appointment.
(12) The appointed arbitrator shall within seven days of being notified, inform the Centre of the acceptance or rejection of the appointment.
(a) the parties fail to agree upon any of the persons named,
(b) the acceptable arbitrator is unable to act, or
(c) for any other reason the appointment cannot be made from the submitted list, the Centre shall appoint the arbitrator from among persons on the register without the submission of an additional list to the parties.
Nationality of arbitrator in international arbitration
12. In an international arbitration, unless the parties agree otherwise, the choice of arbitrators shall reflect the nationality of the parties, except that a sole arbitrator shall be of neutral nationality.
Consideration in the choice of arbitrator by the Centre
13. The Centre in appointing an arbitrator shall have regard
(a) to any qualification required of the arbitrator by the arbitration agreement or agreed upon by the parties,
(b) to the independence and impartiality of the person intended to be appointed, and
(c) in the case of a sole arbitrator in an international arbitration, to the neutral
Nationality of the person intended to be appointed.
Description of proposed arbitrator
14. Where a party or the Centre appoints an arbitrator, it shall give the full name, address, nationality and qualification of the arbitrator to the other party and the Centre or to both parties as is appropriate.
Disclosure by proposed arbitrator
15. (1) The Centre shall require a person appointed as an arbitrator to disclose in writing any circumstances likely to affect that person’s independence or impartiality including any bias or any financial or personal interest in the result of the arbitration or any past or present relationship with any of the parties or their counsel, and the arbitrator shall make the disclosure to the Centre and the parties.
(2) The Centre shall notify the parties of any disclosure made under subrule (1).
Challenge of arbitrator
16. (1) A party may challenge the appointment of an arbitrator if
(a) there are circumstances that raise doubts as to the independence or Impartiality of the arbitrator, or
(b) the arbitrator does not possess the qualification agreed on by the parties.
(2) A party may only challenge an arbitrator appointed by that party or in whose appointment that party has participated for reasons which that party becomes aware of after the appointment.
17. (1) Parties to a dispute may within fourteen days of appointment of the arbitrator jointly challenge the arbitrator by filing a written statement of the reasons of the challenge with the arbitrator and other members of the arbitral tribunal and the Centre.
(2) The Centre on receipt of a challenge under subrule (1) shall replace the challenged arbitrator.
(3) A party may challenge an arbitrator in writing with stated reasons, to the arbitrator, the other members of the arbitral tribunal and the Centre, within fourteen days of the appointment of the arbitrator.
(4) The Centre on receipt of a challenge from a party shall communicate the challenge to the other party who shall within seven days of the communication send a response to the Centre.
(5) If the other party endorses a challenge raised by one party, the Centre shall replace the challenged arbitrator.
(6) If the other party objects to the challenge, and the challenged arbitrator does not resign, the Centre shall hold a hearing with the parties and the challenged arbitrator within seven days of the objection, and determine whether the challenged arbitrator should be maintained or replaced.
(7) The decision of the centre as to whether a challenged arbitrator over whom there is no agreement should be maintained or replaced shall be binding on the parties.
(8) An arbitrator who is challenged may withdraw, but the withdrawal of an arbitrator does not imply an acceptance of the validity of the challenge.
Revocation of an arbitrator’s authority
18. (1) The parties may agree on the circumstances under which the appointment of an arbitrator may be revoked.
(2) Unless the parties have agreed on the circumstances for revocation, the appointment of an arbitrator shall only be revoked
(a) by the parties acting jointly, or
(b) by the Centre acting on the application of a party.
(3) A party may at any time during arbitral proceedings apply to the Centre on notice to the other party for the revocation of the arbitrator’s appointment on the grounds that
(a) there is sufficient reason to doubt the arbitrator’s impartiality,
(b) the arbitrator does not possess the qualification required by the arbitration Agreement,
(c) the arbitrator is physically or mentally incapable or there is justificable doubt as to the arbitrator’s capacity of conducting the proceedings, or
(d) the arbitrator has refused or failed to
(i) properly conduct the proceedings, or
(ii) use reasonable dispatch in conducting the proceedings or making an award.
(4) If within seven days of the submission of an application under subrule (3) there is no objection from the other party, the Centre shall invite the applicant and the arbitrator for a hearing and if satisfied with the grounds of the application revoke the appointment of the arbitrator.
(5) If the other party objects to the application, the Centre shall within seven days of the receipt of the objection invite the parties and the arbitrator to a hearing to consider the application and objection on their merits.
(6) The Centre at a hearing under this rule may maintain or revoke the appointment of the arbitrator.
(7) A party dissatisfied with the decision of the Centre in respect of an application under this rule may with leave of the Court repeat the application to the Court, which may maintain or revoke the appointment as it finds appropriate.
(8) Unless the Centre or the Court decides otherwise, an application under this rule shall not serve as a stay of the arbitral proceedings.
(9) If the Centre or the Court revokes the appointment of an arbitrator, the Centre or the Court may make an order as it considers appropriate in respect of the arbitrator’s fees or expenses.
Termination of mandate of arbitrator
19. The mandate of an arbitrator shall terminate if
(a) the arbitrator’s appointment is revoked;
(b) for any reason the arbitrator is unable to perform the arbitrators functions, or
(c) the arbitrator withdraws from office, resigns or dies.
Filling of vacancy
20. (1) If the position of an arbitrator becomes vacant the parties may agree on
(a) whether and how the vacancy is to be filled; and
(b) whether the previous proceedings should stand.
(2) Where there is no agreement between the parties under subrule (1), the Centre shall appoint another arbitrator in accordance with these Rules.
(3) Upon the appointment of an arbitrator under subrule (2), to fill a vacancy in arbitration which has
(a) a sole or a presiding arbitrator, the appointed arbitrator shall in consultation with the parties decide whether to adopt the previous proceedings or to start afresh; or
(b) more than one arbitrator, the previous proceedings may be adopted or the proceedings may start afresh where the tribunal and the parties agree.
Duties and powers of arbitral tribunal
21. (1) An arbitral tribunal shall
(a) be fair and impartial to the parties; and
(b) give each party the opportunity to present its case.
(2) Subject to this Act, an arbitral tribunal may conduct the arbitration in a manner that the arbitrator considers appropriate but shall avoid unnecessary delay and expense and adopt measures that will expedite the resolution of the dispute.
(3) Subject to the right of the parties to agree on any matter, the arbitral tribunal shall decide on matters of procedure and evidence.
(4) Matters of procedure and evidence include but are not limited to
(a) the time and place for holding any part of the proceedings;
(b) the questions that should be put to and answered by respective parties and how the questions should be put; and
(c) the application or non-application of the strict rules of evidence as to admissibility, relevance or weight of any material sought to be tendered and how such material should be tendered.
(5) The arbitral tribunal may determine the time within which directions are to be complied with.
(6) The parties may agree to permit an arbitrator to
(a) consolidate one arbitral proceedings with other arbitral proceedings;
(b) hold concurrent hearings.
(7) An arbitral tribunal may admit as evidence, an affidavit or statutory declaration concerning the matters in evidence (whether the affidavit or statutory declaration was made in any other proceeding or in contemplation of the matter in reference) except that a copy of the affidavit or statutory declaration shall be given to the party against whom it is made, three days prior to its admission and person whose evidence is so taken may at any time be cross-examined by the party against whom the evidence is given.
(8) An arbitral tribunal may employ an accountant to examine accounts connected with the matters in reference, and act upon any statement of accounts given by the accountant without being obliged to verify it.
(9) An arbitral tribunal may engage a legal assessor to sit with the arbitrator and may act on the advice of the assessor.
(10) An arbitral tribunal may at any stage of the proceedings obtain the opinion of counsel upon any question of law arising in the course of the reference and act upon the opinion.
(11) An arbitral tribunal may cause maps, plans and measurements to be made and taken as the arbitral tribunal considers necessary or expedient and the costs and expenses of making the maps, plans and measurements shall be at the discretion of the arbitrator.
(12) An arbitral tribunal may from time to time make an award upon any question in dispute between the parties, that may have arisen in the proceeding, and the tribunal shall not in by s doing terminate the authority of the tribunal until all matters relating to the questions in dispute have been finally disposed of and separate award shall be observed and performed without waiting for another award.
(13) An arbitral tribunal may order the execution of any document by a party to the arbitration for the purpose of giving effect to the award of the tribunal and to direct by whom and at whose expense that document must be prepared and executed.
Powers of umpire
22. (1) An umpire may
(a) sit with the arbitrators and may from time to time examine witnesses, and
(b) decide any question as to the admissibility of evidence upon which the arbitrators differ or are in doubt and except as provided in this subrule the umpire shall not interfere with the arbitration until a matter is referred to the umpire.
(2) Unless the arbitration is deadlocked, the arbitral tribunal shall make decisions, orders and awards.
(3) If the arbitration is deadlocked, the arbitral tribunal shall give notice of the deadlock in writing to the parties and the umpire shall then make decisions, orders and award as a sole arbitrator.
(4) If when the arbitration is deadlocked, the arbitral tribunal fail to give notice, or if one arbitrator fails to join the others in giving the notice, a party may upon notice in writing to the other party and arbitral tribunal request the Centre to order that the umpire replace the arbitrators to make decisions, orders and awards.
Arbitration management conference
23. (1) An arbitral tribunal shall within fourteen days of being appointed and upon giving seven days written notice to the parties, conduct an arbitration management conference with the parties or their representatives in person or through electronic or other telecommunication media to determine
(a) the issues to be resolved by arbitration;
(b) the date, time, place and estimated duration of the hearing;
(c) the need for discovery, production of documents or the issue of interrogatories And to establish how this should be done;
(d) the law, rules of evidence and the burden of proof that is to apply to the proceedings;
(e) the exchange of declaration regarding facts, exhibits, witnesses and other related issues;
(f) whether there is the need to resolve issues of liability and damages separately;
(g) whether the summary of evidence of parties should be oral or in writing;
(h) the form of the award; (i) costs and arbitrator’s fees bearing in mind the relevant fees of the Centre; and
(j) any other issue relating to the arbitration.
(2) The decisions of an arbitration conference shall be in writing and shall be served on the parties and Centre within two days immediately after the conference.
(3) An arbitral tribunal may hold further arbitration conferences as are considered necessary upon four days written notice to the parties.
24. (1) The Centre may with the consent of the parties at any time during the arbitration process, arrange a conciliation conference to facilitate the resolution of the dispute, except that an arbitrator in the action shall not be the conciliator.
(2) A conciliation conference shall be informal and unless the parties otherwise agree only the parties and the conciliator shall be present at the conference.
(3) A conciliation conference shall not, unless the parties decide otherwise, last for more than seven days.
(4) The conciliator shall be a person appointed jointly by the parties or where the parties are unable to make the appointment, appointed by the Centre.
(5) The parties may request the Centre to provide them with a list of conciliators from which to make an appointment.
(6) The conciliator shall take every necessary step to resolve the differences between the parties.
General provision governing proceedings
25. (1) Subject to these Rules, an arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated fairly and at every stage of the proceedings, each party is given a full opportunity for presenting that party’s case.
(2) If a party so requests at any stage of the proceedings, the arbitral tribunal shall hold hearings for the presentation of evidence by witnesses, including except witnesses, or for oral argument.
(3) In the absence of a request by a party, the arbitral tribunal shall decide whether to hold such hearings or whether to conduct the proceedings on the basis of documents and other materials.
(4) Documents or information supplied to the arbitral tribunal by one party shall at the same time be communicated by that party to the other party.
Place of arbitration and place of award
26. (1) Unless the parties have agreed upon the place where the arbitration is to be held, the place shall be determined by the arbitral tribunal, having regard to the circumstances of the arbitration.
(2) Where the parties agree only on the country in which arbitration is to be held, the arbitral tribunal may hear witnesses and hold meetings for consultation among its members at any place it considers appropriate in the country, having regard to the circumstances of the arbitration.
(3) The arbitral tribunal may meet at any place it considers appropriate for the inspection of goods, other property or documents, except that the parties shall be given sufficient notice to enable them to be present at an inspection.
(4) The award shall be made at the place of arbitration.
27. (1) Except as otherwise agreed by the parties, the arbitral tribunal shall, promptly after its appointment, determine the language or languages to be used in the proceedings.
(2) The determination shall apply to the claim, the answer and any further written statements and, if oral hearings take place, to the language or languages to be used in the hearings.
(3) The arbitral tribunal may order any document annexed to the claim or answer and any supplementary documents or exhibits submitted in the course of the proceedings, to be delivered in their original language, to be accompanied by a translation into the language or languages agreed upon by the parties or determined by the tribunal.
Plea to the jurisdiction of the arbitral tribuna
28. (1) An arbitral tribunal shall rule on objections to its jurisdiction, including any objections with respect to the existence or validity of the arbitration clause or of the separate arbitration agreement.
(2) An arbitral tribunal shall determine the existence or the validity of the contract of which the arbitration clause forms a part.
(3) For the purposes of this rule, an arbitration clause which forms part of a contract and which provides for arbitration under these Rules shall be treated as an agreement independent of the other terms of the contract.
(4) A decision by an arbitral tribunal that the contract is void shall not invalidate the arbitration clause.
(5) A plea that an arbitral tribunal does not have jurisdiction shall be raised not later than in the answer or, with respect to a counterclaim, in the reply to the counterclaim.
(6) An arbitral tribunal shall rule on an objection to its jurisdiction as a preliminary question and where the objection is rejected, the tribunal shall proceed with the arbitration and make an award.
Further written statement
29. (1) An arbitral tribunal shall decide which further written statements, in addition to the claim and the answer are required from or may be presented by the parties and shall fix the periods of time limits if it concludes that an extension is justified.
Evidence and hearings
30. (1) A party has the burden of proving the facts relied on to support the claim or answer of the party.
(2) An arbitral tribunal may, if it considers it appropriate, require a party to deliver to the tribunal and to the other party, within a period of time specified by the arbitral tribunal, summary of the documents and other evidence which that party intends to present in support of the facts in issue set out in that party’s claim or answer.
(3) At any time during the arbitral proceedings the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within a period of time determined by the tribunal.
(4) In the event of oral hearing, the arbitral tribunal shall give the parties adequate advance notice of the date, time and place of the hearing.
(5) If witnesses are to be heard, each party shall, at least fourteen days before the hearing, communicate to the arbitral tribunal and to the other party the names and addresses of the witnesses that party intends to present, the subject upon, and the languages in which, the witnesses will give their evidence.
(6) An arbitral tribunal shall make arrangements for the translation of oral statements made at a hearing and for a record of the hearing if either is considered necessary by the tribunal under the circumstances of the case, or if the parties have agreed to this and have communicated that agreement to the tribunal at least fourteen days before the hearing.
(7) Hearings shall be in private unless the parties agree otherwise.
(8) The arbitral tribunal may require a witness to retire during the testimony of other witnesses and the tribunal is free to determine the manner in which witnesses are examined
Interim measures of protection
31. (1) At the request of either party, an arbitral tribunal may take any interim measures it considers necessary in respect of the subject-matter of the dispute, including measures for the conservation of goods that form the subject-matter in dispute, such as ordering their deposit with a third person or the sale of perishable goods.
(2) Interim measures may be in the form of an interim award and the arbitral tribunal shall be entitled to require security for the costs of the measures.
32. (1) An arbitral tribunal may appoint one or more experts to report to it, in writing, on specific issues to be determined by the tribunal and a copy of the expert’s term of reference, established by the tribunal, shall be communicated to the parties.
(2) The party shall give the expect any relevant information or produce for the expert’s inspection any relevant documents or goods that the expert may require of them and any dispute between a party and an expert as to the relevance of the required information or production shall be referred to the arbitral tribunal for determination.
(3) Upon receipt of the expert’s report, the arbitral tribunal shall send copies of the report to the parties, who shall be given the opportunity to express their opinion on the report; and a party may examine any document on which the expert has relied upon in the report.
(4) An expert, after delivery of a report, may at the request of either party, be heard at a hearing where the parties shall have the opportunity to be present and to cross-examine the expert, and at this hearing either party may present expert witnesses in order to testify on the points in issue.
(5) The provisions of rule 30 (Evidence and hearings) are applicable to a hearing under this rule.
33. (1) If one of the parties, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for the failure, the arbitral tribunal may proceed with the arbitration.
(2) If one of the parties, duly invited to produce documentary evidence, fails to do so within the specified period of time, and without showing sufficient cause for the failure, the arbitral tribunal may make the award on the evidence before it.
Closure of hearings
34. (1) An arbitral tribunal may inquire of the parties if they have any further proof to offer or witnesses to be heard or submissions to make and, if there are none, it may declare the hearings closed.
(2) An arbitral tribunal, if it considers it necessary owing to exceptional circumstances, may on its own motion or upon application of a party, re-open the hearings at any time before the award is made.
Waiver of Rules
35. A party who knows that any provision of, or requirement under, these Rules has not been complied with and yet proceeds with the arbitration without promptly stating the objection to the non-compliance, shall be deemed to have waived the right to object.
36. (1) When there are three or more arbitrators, any award or decision of the arbitral tribunal shall be made by a majority of the arbitrators.
(2) The provisions of rule 22 shall apply where the arbitration is deadlocked.
Form and effect of the award
37. (1) The arbitral tribunal in addition to making a final award, may make interim, interlocutory, or partial awards.
(2) An award shall be in writing and shall be binding on the parties.
(3) Except as otherwise provided under these Rules or as the parties otherwise agree, the arbitral tribunal shall state the reasons upon which the award is based.
(4) An award shall be signed by the arbitrators and it shall contain the date on which and the place where the award was made.
(5) Where there are three arbitrators and any of them fails to sign, the award shall state the reason for the absence of the signature.
(6) Copies of the award signed by the arbitrators shall be communicated to the parties by the arbitral tribunal and the award may be made public only with the consent of both parties.
(7) If the law of the arbitration agreement requires that the award be filed or registered by the arbitral tribunal, the tribunal shall comply with this requirement within the period of time required by the law.
38. (1) An arbitral tribunal shall apply the law designated by the parties as applicable to the substance of the dispute and failing such designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules it considers applicable.
(2) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.
Settlement or other grounds for termination
39. (1) If before the award is made, the parties agree on a settlement of the dispute, the arbitral tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by both parties and accepted by the tribunal, record the settlement in the form of an arbitral award on agreed terms and the arbitral tribunal is not obliged to give reasons for such an award.
(2) If, before the award is made, the continuation of the arbitral proceedings becomes unnecessary or impossible for any reason not mentioned in sub rule (1), the arbitral tribunal shall inform the parties of its intention to issue an order for the termination of the proceedings and the arbitral tribunal may issue the order unless a party raises justifiable grounds of objection.
(3) Copies of the order of termination of the arbitral proceedings or of the arbitral award on agreed terms, signed by the arbitrators, shall be communicated by the arbitral tribunal to the parties.
(4) The provisions of rule 37 sub rules (2), (4) and (7) shall apply to an arbitral award on agreed terms.
Interpretation of the award
40. (1) Within thirty days after the receipt of an award, either party, with notice to the other, may request the tribunal to give an interpretation of the award.
(2) The interpretation shall be given in writing within fourteen days after the receipt of the request and shall form part of the award.
Correction of the award
41. (1) Within thirty days after the receipt of an award, either party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical error, or any errors of similar nature.
(2) The arbitral tribunal may within thirty days after the communication of the award, make such corrections on its own initiative.
(3) Corrections shall be in writing, and the provisions of rule 37 subrules (2) to (7), shall apply.
42. (1) Within thirty days after the receipt of the award, either party, with notice to the other party, may request the tribunal to make an additional award in respect of claims presented in the arbitral proceedings but omitted from the award.
(2) If the arbitral tribunal considers the request for an additional award to be justified and considers that the omission can be rectified without any further hearings or evidence, it shall complete its award within thirty days after the receipt of the request.
(3) When an additional award is made, the provisions of Rule 37 subrules (2) to (7), shall apply.
Costs and fees
43. (1) An arbitral tribunal shall fix the costs of the arbitration in its award; and the term ‘costs’ for this purpose means
(a) the fees of the arbitrators and umpire to be stated separately as to each arbitrator and to be fixed by the arbitral tribunal itself in accordance with this rule;
(b) the travel and other expenses incurred by the arbitrators;
(c) the costs of expert advice and of other assistance required by the arbitral tribunal
(d) the travel and other expenses of witnesses to the extent that those expenses were approved by the arbitral tribunal;
(e) the cost for legal representation and assistance of the successful party if these cost were claimed during the arbitral proceedings, and only to the extent that the arbitral tribunal determines that the amount of these costs is reasonable; and
(f) any fees and expenses of the Centre.
(2) The fees of the arbitral tribunal shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subject-matter, the time spent by the arbitrators and any other relevant circumstances of the case.
(3) An arbitral tribunal in fixing its fees shall take into account any list of fees issued by the Centre.
(4) Where the Centre has not issued a list of fees for arbitrators in international cases, a party may at any time request the Centre to furnish a statement that sets out the basis for establishing fees which is customarily followed in international cases in which the Centre appoints arbitrators and if the Centre consents to provide that statement, the arbitral tribunal in fixing its fees shall take the information into account,
(5) Except as provided in subrule (6), the costs of arbitration shall be borne by the unsuccessful parties, except that the arbitral tribunal may apportion each of the costs between the parties, if it determines that apportionment is reasonable taking into account the circumstances of the case.
(6) With respect to the costs of legal representation and assistance referred to in subrule (1)(e), the arbitral tribunal, taking into account the circumstances of the case, may determine which party shall bear the costs or any apportion of the costs between the parties, if it determines that apportionment is reasonable.
(7) When an arbitral tribunal issues an order for termination of arbitral proceedings or makes an award on agreed terms, it shall fix the costs of arbitration.
(8) No additional fees shall be charged by an arbitral tribunal for interpretation or correction or completion of its ward under rules 40, 41 and 42.
Deposits of cost
44. (1) An arbitral tribunal, on its appointment, may request each party to deposit an equal amount as an advance for the costs referred to in rule 43 (1)(a), (b) and (c).
(2) During the course of the arbitral proceedings the arbitral tribunal may request supplementary deposits from the parties.
(3) Where a party requests, and the Centre consents to provide a list of fees, the arbitral tribunal shall fix the amounts of any deposits or supplementary deposits only after consultation with the Centre which may make any comments it considers appropriate to the arbitral tribunal concerning the amount of deposits and supplementary deposits.
(4) If the required deposits are not paid in full within thirty days after the receipt of the request, the arbitral tribunal shall inform the parties in order that one or the other party may make the required payment.
(5) If payment is not made, the arbitral tribunal may order the suspension or termination of the arbitral proceedings.
(6) After the award has been made, the tribunal shall render an account to the parties of the deposits received and return any unexpended balance to the parties.