Arbitration

Arbitration
  • The organization's view of arbitration
  • Types of arbitration
  • (Arbitration condition (arbitration agreement)
  • Arbitration procedures
  • Calculating arbitration fees
  • Arbitration request form
  • Arbitration Rules
  • FAQs
  • List of arbitrators
Article (1): Definitions

The following words and phrases shall have the meaning assigned thereto unless the context indicates otherwise:

 

Center: Al-Faisal Center for Arbitration and Mediation; an independent registered association at……. under #............ . Its mission is to resolve commercial and civic disputes through the arbitral tribunals using alternative means including, but not limited to, arbitration and mediation in accordance with the Center’s rules or in compliance with any rules or system the parties agree to. 

Rules: Arbitration rules adopted by the Center.

Arbitration agreement: A written agreement by the parties to direct any dispute that has arisen or may arise between them to arbitration; an arbitration agreement may be in the form of an arbitration clause or as a separate arbitration agreement. 

Arbitration:  A means for dispute settlement between the parties to the dispute by presenting the disputed issue before an arbitration panel to make a final binding adjudication.

Claimant: The party requesting arbitration.

Defendant: The party against whom the arbitration is requested as specified in the arbitration request. 

Tribunal: The arbitral tribunal that includes a sole arbitrator or all arbitrators where more than one is appointed.
Administrator: Director of the Center.

Article (2): Scope of Applicability

1. These rules shall apply when the parties have agreed to submit their future or existing disputes regarding a specific contractual or non-contractual legal tie to arbitration under the Center Rules, (whether in the text of the arbitration’s provision or in the referral of the contract to Al-Faisal Center for Mediation and Arbitration.)

2. The Center’s rules being those in effect shall apply on the date of commencement of the arbitration proceedings or the rules amended as may have been adopted hereafter.

Article (3): Written Notifications or Communications and Time Limits


1. All correspondence by any party or arbitrator prior to the arbitration procedures shall be directed to the Center with copies to all parties. 

2. After the Center notifies the parties to constitute the Tribunal, all communications between the Tribunal and the parties shall take place directly between them.

3. For the purpose of these rules, all notifications, regulations, memos and any other communications as well as documentation annexed thereto shall be directed to the addresses of the parties provided in the arbitration file. The notification is deemed correct if physically delivered to the addressee or its representative at his/her habitual place of residence, place of business, mailing address or e-mail. 

4. Notification or communications shall be in writing and shall be delivered via registered mail, telex or private courier service or shall be faxed, telegrammed, e-mailed or any other telecommunication means that provides a record of transmission.

5. A notification or any other communication shall be deemed to have been made on the day it is received including in the case of telecommunications, and if delivered or transmitted before 6 pm in the country in which the communication was received, the delivery shall be deemed to have been received on the following day.

6. For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice or other communication is received or deemed to be received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time shall be included in calculating the period.

Article (4) Request for Arbitration

1. Any party wishing to commence an arbitration under the Center Rules shall send to the Center a written request for arbitration ("the Request") which shall include:

 a. A demand that the dispute be referred to arbitration under the Center Rules; 

b. The name in full, description and address of each of the parties to the arbitration, full name and position of the representative of the claimant, including telephone, fax number, email address and any other means of communication.

c. A copy of the Arbitration Agreement invoked by the claimant, together with a copy of the contractual documentation in which the Arbitration Agreement is contained or in respect of which the arbitration arises;

d. A brief description of the nature and circumstances of the dispute giving rise to the claim; 

e. A preliminary statement of the relief sought and, to the extent possible, an indication of any amount(s) claimed; 

 f. All relevant particulars concerning the number of arbitrators and their choice in accordance with Articles 8, 9, 10, 11, and 12, and if the Arbitration Agreement calls for party nomination of arbitrators, the name, address, telephone and facsimile numbers and email address (if known) of the Claimant's nominee.

2. The Request may also include: 

a. The Statement of claim referred to in Article (20);

 b. Place and language of arbitration;

c. Any comments as to the applicable rules of law.

3. The Request (including all accompanying documents) shall be submitted to the Center with required number of copies.

4. The claimant shall make payment of the Registration Fee required by Appendix - Cost of Arbitration in force on the date the Request is submitted. In the event that the Claimant fails to comply with this requirement, the Request shall be deemed invalid.

5. The Center shall send a copy of the Request and the documents annexed thereto to the Respondent.

Article (5) Answer to the Request

1. Within 30 days of receipt of the Request from the Center, the respondent shall submit to the Center an answer to the Request ("the Answer") which shall include the following: 

 

a. Respondent’s full name, description and address, telephone and fax numbers, email address and any other communication as reference for itself and its representative;

b. Preliminary comments as to the nature and circumstances of the dispute giving rise to the claim(s); 

c. Its preliminary response to the relief sought by the Claimant; 

d. Any objection concerning the validity or applicability of the Arbitration Agreement;

 e. Any comments concerning the number of arbitrators and their choice in light of the claimant's proposals, and, if the arbitration agreement calls for party nomination of arbitrators, the name, address, telephone facsimile, numbers and email address (if known) of the respondent's nominee; 

f. Any comments as to the place of arbitration, the applicable rules of law and the language of the arbitration.

2. If the Claimant has filed a Statement of Claim with the Request for Arbitration, the Answer to the Request may also be accompanied by the Statement of Defense referred to in Article (21).

3. The Answer (including all accompanying documents) shall be submitted to the Center in three copies, or if the parties have agreed or the respondent considers that three arbitrators should be appointed, in five copies.

 

Article (6) Plea after Arbitration Tribunal Jurisdiction

1. The Arbitration Tribunal shall have the decision on competence including any objections against the existence or validity of an arbitration agreement and the arbitration clause, which is part of the contract, shall be considered separable from other clauses in the contract and the contract shall not be deemed invalid if the arbitration clause is annulled by the Arbitration Tribunal’s decision.

2. A plea that the Tribunal does not have jurisdiction shall be raised not later than in the Statement of Defense and this plea shall not be prevented by the party that appointed an arbitrator or took part in the appointment of the arbitrator.

3.  The Tribunal may rule on a plea concerning its jurisdiction as a preliminary question. However, the Tribunal may proceed with the arbitration and rule on such a plea in the arbitral award.

Article 7): Representing the parties)

 

  1. The parties may be represented by persons of their choice Regardless of their nationality or professional qualifications, it should include the application and/or reply to addresses, telephone, fax, E-mail address, and other contact details for representatives as it is required by Articles (4) and (5) above.
  2. Each party must bear in mind that his representative has the sufficient time to achieve his tasks in order to begin with arbitration urgently.
  3. The arbitration tribunal may at any time request from any party to Confirm the authority granted to his representative / representatives according to the form you specifiy.
Article (8) Number of Arbitrators

1. The Tribunal shall consist of such number of arbitrators as has been agreed by the parties. 

2.  Where the parties have not agreed on the number of arbitrators, the Tribunal shall consist of a sole arbitrator, except where the Center in its discretion determines that, in view of all the circumstances of the dispute, a tribunal composed of three members is appropriate.

Article (9) Appointment of Tribunal

1. Appointment of the tribunal shall be based on the rules adopted by the parties to arbitration agreement, otherwise, in appointing the tribunal based on these rules, the Center shall give due consideration to the nature of the contract, the nature and circumstances of the dispute, the nationality, location and languages of the parties. 

2. All arbitrators conducting arbitration under these rules shall be and remain impartial and independent of the parties.

3. Where the parties have agreed that the respondent is to nominate an arbitrator and the respondent fails to do so within any specified time limit, the Center may proceed and appoint an arbitrator in accordance with these Rules.

 3. In the case of a three-member Tribunal, each party shall nominate one arbitrator for appointment by the Center in the manner prescribed in this article. The following applies to the appointment of the Chairman: 

a. If the parties have agreed upon a mechanism for appointment of the acting chairman, this procedure shall be followed, subject to confirmation and appointment by the Center, in the manner prescribed in this article.

b. Where the agreement does not adopt a specific procedure, the two arbitrators nominated by the parties shall agree on the acting chairman under approval of the Center and the chairman shall be appointed according to the manner prescribed in this article. 

c. Should the party-nominated arbitrators fail to agree upon a third arbitrator within 15 days of appointment of the last arbitrator, the Center shall appoint a Chairman. 

d. The Chairman shall act as the presiding arbitrator of the arbitral tribunal. 

e. The Center may decline to appoint any nominee proposed by a party if it considers the nominee to be lacking independence, impartiality or otherwise unsuitable. In such case, the Center may request from that party a new nomination within 21 days from the date of receiving notification of the Center's decision. If that party failed to nominate an arbitrator or if the Center refused to appoint the substitute nominated arbitrator, the Center shall appoint the arbitrator.

f. Before appointment by the Center, each prospective arbitrator shall provide to the Center a full CV and a Statement of Independence in the form prescribed by the Center. Each arbitrator shall undertake a continuing duty to disclose to the Center, the other members of the Tribunal and to the parties any circumstances that may arise during the course of the arbitration that are likely, in the eyes of the parties, to give rise to doubts as to his independence or impartiality.

Article (10) :Nationality of Arbitrators


1. Where the parties are of different nationalities, a sole arbitrator or chairman of the Tribunal shall not have the same nationality as any party unless the parties who are not of the same nationality as the proposed arbitrator all agree otherwise in writing.

2.  For the purpose of this Article, a person who is a citizen of two or more states shall be treated as a citizen of each state.

Article (11) Multiple Parties

1. Where there are multiple parties, whether as Claimant or Respondent, and where the dispute is to be referred to a three arbitrator Tribunal, the multiple Claimants, jointly, and the multiple Respondents, jointly, shall nominate an arbitrator for appointment by the Center pursuant to Center’s rules. 

2.  In the absence of such a joint nomination and where all the parties are unable to agree to a method for the constitution of the Tribunal, the Center may appoint the Tribunal and shall designate one of them to act as Chairman. In such case the Center shall give due consideration to any provisions of the Arbitration Agreement concerning the number of arbitrators to be appointed.

Article (12) Revocation of Arbitrator's Appointment

1. If an arbitrator gives written notice of his desire to resign to the Center or if any arbitrator dies, becomes unable or unfit to serve, the Center may revoke that arbitrator's appointment. The Center shall decide upon the amount of fees and expenses (if any) to be paid for the former arbitrator's services as it may consider appropriate.

2. If any arbitrator acts in deliberate violation of the Arbitration Agreement (including these Rules) or does not act fairly and impartially between the parties or does not conduct or participate in the arbitration with reasonable diligence, avoiding unnecessary delay or unjustified expenses, the Center may deem that the arbitrator is unfit to serve.

3. An arbitrator may be challenged by any party if circumstances exist that give rise to justifiable doubts as to his impartiality or independence. A party may challenge an arbitrator it has nominated, or in whose appointment procedures it has participated, only for reasons of which it becomes aware after the appointment has been made.

4. A party who intends to challenge an arbitrator shall, within 15 days of the formation of the Tribunal or (if later) within 15 days of becoming aware of any circumstances referred to in paragraphs 2 and 3 of this article, send a written statement of the reasons for its challenge to the Center, the Tribunal and all other parties. Unless the challenged arbitrator withdraws or all other parties agree to the challenge within 15 days of receipt of the written statement, the Center shall decide on the challenge.

5. None of the Tribunal parties shall request to reject an arbitrator he appointed or took part in his appointment unless for reasons revealed after the appointment. After parties’ evidence has been concluded and plea has been closed, no Tribunal request to reject shall be made.

Article (13) Replacement of Arbitrators

1.  If an appointed arbitrator is to be replaced for any reason, the Center shall have a complete discretion to decide whether or not to follow the appointment process prescribed in these rules.

2. If the Center should so decide, any opportunity given to a party to make a re-nomination shall be waived if not exercised within 21 days from the date of notification of that decision, after which the Center shall appoint the replacement arbitrator. 

3. Once reconstituted, and having invited the parties to comment, the reconstituted Tribunal shall determine if and to what extent prior proceedings shall be repeated.

Article (14) Power of Majority to Continue Proceedings

1. If any member of the Tribunal refuses or persistently fails to participate in the deliberations, the other arbitrators shall have the power, upon having given written notice of such refusal or failure to the Center, to continue the deliberations and make any decision, ruling or award, notwithstanding the absence of the remaining arbitrator.

2. In determining whether to continue the arbitration, the other arbitrators shall take into account the stage of the arbitration, any explanation given by the defaulting arbitrator for his non-participation and such other matters as they consider appropriate in the circumstances. The reasons for such determination shall be stated in any decision, ruling or award made by the other arbitrators without the participation of the defaulting arbitrator.

3. In the event that the other arbitrators determine at any time not to continue the arbitration without the participation of the defaulting arbitrator, the other arbitrators shall notify in writing the parties and the Center of such determination; and in that event, the other arbitrators or any party may refer the matter to the Center for the revocation of the appointment of that arbitrator and the appointment of a replacement arbitrator under these Rules.

Article (15) General Provisions

1. The proceedings before the Tribunal shall be governed by these Rules and, where these Rules lack text, they shall be governed by the UNCITRAL Rules for International Commercial Arbitration. 

2. In all cases, the Tribunal shall act fairly and impartially and ensure that each party is given a full opportunity to present its case.

Article (16): Transmission of the File to the Tribunal

The Center shall transmit a copy of the file to the Tribunal as soon as it has been constituted, provided always that any advance on costs requested by the Center at this stage has been paid.

Article (17) Modification of Time Limits

1. The parties may agree to shorten the time limits set out in the Arbitration Agreement or these Rules. Any such agreement entered into subsequent to the constitution of the Tribunal shall become effective only upon the approval of the Tribunal. 

2. The Tribunal shall have the power, on the application of any party or of its own motion, to extend any time-limit provided by the Arbitration Agreement or these Rules for the conduct of the arbitration or the Tribunal's own orders, so long as it has given both parties a reasonable opportunity to state their views.

Article (18) Place of Arbitration

1. The parties may agree in writing on the seat of the arbitration. In the absence of such a choice, the seat of arbitration shall be Jerusalem or, if not possible, in Ramallah, so long as the Tribunal does not determine another seat is more appropriate, in view of all the circumstances and after having given the parties an opportunity to make written comments. 

2. The Tribunal may, after consultation with the parties, conduct hearings or meetings at any place that it considers appropriate. The Tribunal may deliberate wherever it considers appropriate. 

3. The award shall be deemed to have been made at the seat of the arbitration.

Article (19) Arbitration Language


1. Unless otherwise agreed by the parties, the initial language of the arbitration shall be the language of the Arbitration Agreement. 

2. Upon its formation, the Tribunal shall have the power to determine the language or languages of the arbitration having regard to any observations of the parties and all relevant circumstances of the case. 

3. The Tribunal may order that any documents submitted in languages other than the language of the arbitration be accompanied by a translation in whole or in part into the language of arbitration.

Article (20): Preliminary Meeting

Within thirty days from the date of the transmission of the file to the Tribunal, as provided in Article 15, the Tribunal shall notify the parties of the date and venue of a preliminary meeting with them. The Tribunal shall fix a timetable for the submission of documents, statements and pleadings as hereinafter provided.

Article (21) Statement of Claim

1. Unless the Statement of Claim was submitted with the Request, the Claimant shall, within 30 days of receipt of notification from the Center of the establishment of the Tribunal or such later time limit as the Tribunal may allow, submit its Statement of Claim to the Respondent and to the Tribunal with a copy to the Center. 

2. The Statement of Claim shall contain a comprehensive statement of the facts and legal arguments supporting the claim, including a statement of the relief sought. 

3. The Statement of Claim shall be accompanied by the documentary evidence upon which the Claimant intends to rely, together with a schedule of such documents.

Article (22) Statement of Defense

1. The Respondent shall, within 30 days of receipt of the Statement of Claim or receipt of notification from the Center of the establishment of the Tribunal, whichever occurs later, submit its Statement of Defense, if exists, to the Claimant and to the Tribunal with a copy to the Center. 

2. The Statement of Defense shall be accompanied by the documentary evidence upon which the Respondent intends to rely together with a schedule of such documents.

Article (23) Further Written Statements

1. The Tribunal may, in its discretion, allow or require further written statements in addition to the Statement of Claim and Statement of Defense and shall fix the periods of time for submission of such statements. 

2. In the event that a counter-claim has been made or asserted, the Claimant shall reply to the particulars thereof. The time limits set out in Article 24 (1) shall apply to such reply.

Article (24): New Claims and Amendments to the Statements of Claim or Defense

1. Subject to any contrary agreement by the parties, either party may amend or supplement its claim, counter-claim, defense during the course of the arbitration, unless the Tribunal considers it inappropriate to allow such amendment having regard to its nature, the delay in making it, the prejudice that may be caused to the other party any other relevant circumstances. 

2.  After the submission of the Statements of Claim and Defense, no party shall make new claims, unless authorized to do so by the Tribunal, which shall consider the nature of such new claims, the stage of the arbitration and any other relevant circumstances.

Article (25) Burden of Proof and Evidence

1. Each party shall have the burden of proving the facts relied on to support its claim or defense.

2. The Tribunal shall have the power to decide on the rules of evidence to be applied including the admissibility, relevance or weight of any material tendered by a party on any matter of fact or expert opinion; and to determine the time, manner and form in which such material should be exchanged between the parties and presented to the Tribunal.

3. At any time during the arbitration, the Tribunal may, at the request of a party or on its own motion, order a party to produce such documents or other evidence within such a period of time as the Tribunal considers necessary or appropriate and may order a party to make available to the Tribunal or to an expert appointed by it or to the other party any property in its possession or control for inspection or testing. 

4. The Tribunal may, at the request of a party or on its own motion, inspect or require the inspection of any site or property, as it deems appropriate.

Article (26) Hearings

1.  If either party so requests, the Tribunal shall hold a hearing for the presentation of evidence by witnesses, including expert witnesses, or for oral argument or for both. In the absence of a request, the Tribunal shall decide whether to hold such a hearing or hearings and establish the time limits thereof. If no hearings are held, the proceedings shall be conducted on the basis of documents and other materials alone. 

2.  In the event of a hearing, the Tribunal shall give the parties adequate advance notice of the date, time and place thereof. 

3. Unless the parties agree otherwise in writing or the Tribunal directs otherwise, all meetings and hearings shall be held in private. 

4. The Tribunal shall determine whether and, if so, in what form a record shall be made of any hearing. 

5. If any of the parties, although duly summoned, fails to appear without valid excuse, the Tribunal shall have the power to proceed with the hearing.

Article (27) Witnesses
  1. If witnesses are to be heard, at least fifteen days before the hearing each party shall    communicate to the Tribunal and to the other party the identities and addresses of the witnesses he intends to call, the subject matter of their testimonies and its relevance to the issues in arbitration, and the languages in which such witnesses will give their testimony. 
  2. The Tribunal has discretion, on the grounds of avoiding duplication or lack of relevance, to limit the appearance of any witness, whether witness of fact or expert witness.
  3. Any witness who gives oral evidence may be questioned, by each of the parties under the control of the Tribunal. The Tribunal may put questions at any stage of the examination of the witnesses.
  4. The testimony of witnesses may, either at the choice of a party or as directed by the Tribunal, be submitted in written form, whether by way of signed statements, sworn affidavits or otherwise, in which case the Tribunal may make the admissibility of the testimony conditional upon the witnesses being made available for oral testimony.
  5. Each party shall be responsible for the practical arrangements, cost and availability of any witness it calls. 
  6. The Tribunal shall determine whether any witness shall retire during any part of the proceedings, particularly during the testimony of other witnesses. 
  7. The Tribunal shall require witnesses to swear an oath before the Tribunal before giving oral evidence in a manner that is suitable to the witness’s beliefs.
Article (28) Experts Appointed by the Tribunal

1. The Tribunal may, after consultation with the parties, appoint one or more independent experts to report to it on specific issues designated by the Tribunal. A copy of the expert's terms of reference, established by the Tribunal, having regard to any observations of the parties, shall be communicated to the parties. 

2. The Tribunal may require a party to give any such expert any relevant information, documents, or provide access to goods, property or site for inspection by the expert. Any dispute between a party and the expert as to the relevance of the requested information or goods shall be referred to the Tribunal for decision.

3. Upon receipt of the expert's report, the Tribunal shall provide a copy of the report to the parties, who shall be given the opportunity to express, in writing, their opinion on the report. A party may examine any document on which the expert has relied in such a report.

4. At the request of a party, the parties shall be given the opportunity to question the expert at a hearing. At this hearing, the parties may present expert witnesses to testify on the points at issue, unless the parties have agreed that the Tribunal Appointed expert's determination shall be conclusive in respect of any specific issue.

5. The fees and expenses of any expert appointed by the Tribunal under this Article shall be paid out by the parties.

Article (29) Interim and Conservatory Measures

1. Subject to any mandatory rules of the applicable law, at the request of a party, the Tribunal may issue any provisional orders or take other interim or conservatory measures it deems necessary, including injunctions and measures for the conservation of goods which form part of the subject matter in dispute, such as an order for their deposit with a third person or for the sale of perishable goods. 

2. Measures and orders contemplated under this Article may take the form of an interim or provisional award.

3. A request addressed by a party to a competent judicial authority for interim or conservatory measures, or for security for the claim or counter-claim, or for the implementation of any such measures or orders granted by the Tribunal, shall not be deemed incompatible with, or a waiver of, the Arbitration Agreement.

4. Any such request and any measures taken by the competent judicial authority must be notified without delay to the Center by the party making such a request or seeking such measures.

Article (30) Default


1. If the Claimant, without showing good cause, fails to submit its Statement of Claim in accordance with Article 20, the Tribunal may refuse to proceed with the claim. 

2. If the Respondent, without showing good cause, fails to submit its Statement of Defense in accordance with Article 21, the Tribunal may nevertheless proceed with the arbitration and make the award.

3. The Tribunal may also proceed with the arbitration and make the award if a party, without showing good cause, fails to avail itself of the opportunity to present its case within the period of time determined by the Tribunal.

4. If a party, without showing good cause, fails to comply with any provision of, or requirement under, these Rules or any direction given by the Tribunal, the Tribunal may draw the inferences therefrom that it considers appropriate.

Article (31) Rules of Law Applicable to the Merits

1.The Tribunal shall decide the dispute in accordance with the law or rules of law chosen by the parties as applicable to the merits of their dispute. If and to the extent that the Tribunal determines that the parties have made no such choice, the Tribunal shall apply the law or rules of law which it considers to be most appropriate. 

2. Any designation of the law of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules.

 3. In all cases, the Tribunal shall decide the dispute having due regard to the terms of any relevant contract and taking into account applicable trade usages. 

4. The Tribunal shall assume the powers of an amiable compositeur or decide ex aequo et bono only if the parties have expressly agreed in writing to give it such powers.

Article (32) Closure of Proceedings


1. The Tribunal shall declare the proceedings closed when it is satisfied that the parties have had adequate opportunity to present submissions and evidence. 

2. The Tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own motion or upon application of a party, to re-open the proceedings it declared to be closed at any time before the award is made.

3. Following closure of the proceedings, the Tribunal shall proceed to make its award.

Article (33) Waiver

A party which knows that any provision of, or requirement under, these Rules, or other rules applicable to the proceedings, or any direction given by the Tribunal, has not been complied with, and yet proceeds with the arbitration without promptly raising an objection to such non-compliance, shall be deemed to have irrevocably waived its right to object.

Article (34) Time Limit for the Award

1. Unless the parties have agreed otherwise, the time limit within which the Tribunal must render its final Award is six months from the date it is constituted. 

2. The Tribunal may extend the time-limit upon written consent by the parties.

3. The period specified as aforesaid shall cease to run whenever the arbitration is discontinued or suspended before the Tribunal and shall recommence from the date on which the Tribunal is notified that the reason for which the arbitration was suspended or terminated has ceased to exist.

Article (35) The Award

1. All awards shall be made in writing and shall be final and binding on the parties.

2. Unless the parties have agreed otherwise, where there is more than one arbitrator, any award, order or other decision of the Tribunal shall be made by a majority. In the absence of a majority, the Chairman of the Tribunal shall make the award, order or other decision alone.

3. The award shall state the date on which it was made, as well as the seat of arbitration.

4. The award shall state the reasons on which it is based, unless the parties have agreed that no reasons should be stated and the law applicable to the arbitration does not require the statement of such reasons.

5. The award shall be signed by the Tribunal. The signature of the award by a majority of the arbitrators shall be sufficient and, in the absence of majority, it shall be signed by the Chairman. Where there is more than one arbitrator and one of them fails to sign without valid cause, the award shall state the reason for the absence of the signature.

6. If any arbitrator fails to comply with the mandatory provisions of any applicable law relating to the making of the award, having been given a reasonable opportunity to do so, the remaining arbitrators may proceed in his absence and state in their award the circumstances of the other arbitrator's failure to participate in the making of the award.

7. The award shall be communicated by the Tribunal to the Center in a number of originals sufficient to provide one for each party, all members of the Tribunal and the Center. The Center shall formally communicate an original of the award to each party and the arbitrator or arbitrators, provided that the arbitration costs and fees have been paid to the Center in accordance with Appendix – Administrative Costs and Fees of Arbitration.

8. The award may be made public only with the consent of the parties.

Article (36) Interpretation, Correction and Additional Award

1. Within 30 days of receipt of the final award, the parties may, by a joint written notice to the Tribunal, with a copy to the Center, request the Tribunal to give an interpretation of the award. If the Tribunal considers the request to be justified, it shall provide interpretation within 30 days of receipt of the request. Any interpretation, which shall take the form of a supplemental award signed by the Tribunal, shall become part of the final award.

2. Within 30 days of receipt of the award, a party may, by written notice to the Tribunal, with a copy to the Center and the other party, request the Tribunal to correct any clerical, typographical or computational errors in the award. If the Tribunal considers the request to be justified, it shall make the correction within 30 days of receipt of the request. Any correction which shall take the form of a supplemental award signed by the Tribunal, shall become part of the award.

3. The Tribunal may correct any error of the type referred to in paragraph (2) on its own initiative within 30 days after the date of the award. 

4.  A party may, within 30 days of receipt of the award, by written notice to the Tribunal, with a copy to the Center and the other party, request the Tribunal to make an additional award in respect of claims or counterclaims presented in the arbitration but not dealt with in any award. Before deciding on the request, the Tribunal shall give the parties an opportunity to be heard. If the Tribunal considers the request to be justified, it shall make the additional award within 60 days of receipt of the request.

Article (37) Settlement or Other Grounds for Termination

1. If, before the award is made, the parties agree on a settlement of the dispute, the Tribunal shall terminate the arbitration and, if requested jointly by the parties, record the settlement in the form of a written consent award. In this case, the Tribunal is not obligated to provide reasons for the award.

2. The consent award, or the order for termination of the arbitration, shall be signed by the Tribunal and shall be communicated by the Tribunal to the Center in a number of originals sufficient to provide one for each party, the Tribunal and the Center. The Center shall formally communicate an original of the consent award or the order for termination to each party and the Tribunal.

Article (38) Liability

No member of the Tribunal or of Center and its employees, nor any expert to the Tribunal shall be liable to any person for any act or omission in connection with the arbitration.

Article (39) Confidentiality

1. Unless all parties expressly agree in writing to the contrary, the parties undertake as a general principle to keep confidential all awards and orders in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain – save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority.

2. The deliberations of the Tribunal are likewise confidential to its members, except where an explanation of an arbitrator's refusal to participate in the arbitration is required of the other members of the Tribunal under Articles (11), (12) and (13) of the Rules.

Article (40) Amending the Appendix - Cost of Arbitration

The Board of Trustees may, from time to time, amend the provisions of the Appendix – Administrative Costs and Fees of Arbitration.

Article (41) General Rule

In all matters not expressly provided for in these Rules, the Center, the Tribunal and the parties shall act in the spirit of these Rules and shall make reasonable efforts to attain the Award is enforceable at law.