Category: Rules Article

48.1 The Review Panel shall consist of three members, drawn from the Institutional Review Panel constituted by the Centre, none of whom shall have served as arbitrator in the dispute under review.

48.2 The Review Panel shall, after hearing the parties in writing and, if necessary, in oral hearing confined to legal argument, decide the application within forty-five (45) days of constitution.

48.3 The Review Panel may:

48.3.1 dismiss the application; 48.3.2 remit specified issues to the original Tribunal for reconsideration; 48.3.3 correct manifest arithmetical or clerical error; 48.3.4 where the manifest error goes to jurisdiction and cannot be cured by remittal, declare the relevant portion of the award unenforceable within the institutional framework, without prejudice to the parties’ rights under the Act.

48.4 The decision of the Review Panel is final within the institutional framework.

48.5 Full provisions are set out in the Institutional Review Panel Rules, which are incorporated into these Rules by reference.

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49.1 A Registration Fee as prescribed in Schedule I is payable with every Request for Arbitration. The Registration Fee is non-refundable and is not credited towards other fees.

50.1 Administrative fees payable to the Centre and arbitrator fees payable to the Tribunal shall be calculated on the basis of the amount in dispute and the Track allocated, as set out in Schedule I.

50.2 Where the amount in dispute is unascertained, the Registrar shall determine an appropriate notional value for fee calculation.

51.1 At the first case management conference, the Tribunal shall, in consultation with the Registrar, direct the parties to pay deposits towards fees and costs.

51.2 Deposits are ordinarily shared equally. The Tribunal may direct otherwise having regard to the claims and counterclaims.

51.3 Failure to pay the deposit may result in the Tribunal directing the other party to make the defaulting party’s share, and in default, staying or terminating the claim or counterclaim concerned.

51.4 Schedule I incorporates fee caps for Small-Value and Express Tracks. The Centre shall not permit cumulative arbitrator and administrative fees to exceed the applicable cap, save in exceptional cases certified by the Registrar for good cause recorded in writing.

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52.1 Every party shall disclose, in the Request or Answer and on a continuing basis thereafter, any third-party funding arrangement in respect of the proceeding. The disclosure shall identify the funder, the scope of the funding, and any control rights of the funder.

52.2 Where third-party funding is disclosed, the Tribunal may order an adverse-costs commitment from the funder, modelled on the DIAC Arbitration Rules, 2022.

52.3 Continuing disclosure obligations apply to arbitrators under Article 12.2 and to parties under this Article throughout the proceeding.

53.1 Any circumstance falling within the Orange List of the IBA Guidelines on Conflicts of Interest in International Arbitration, 2024, shall be treated as a mandatory disclosure trigger for arbitrators.

53.2 Any circumstance falling within the non-waivable Red List shall be treated as an automatic disqualification.

53.3 Waivable Red List circumstances require express, informed, written waiver from all parties, recorded on the institutional file.

54.1 The Centre shall publish, in aggregate and anonymised form:

54.1.1 panel biographies; 54.1.2 redacted challenge decisions; 54.1.3 institutional disciplinary outcomes; 54.1.4 Emergency Arbitrator orders in redacted form; 54.1.5 the Annual Aggregate Report on timelines, outcomes, and institutional performance.

54.2 Transparency is treated as a bias deterrent and a foundation of institutional trust.

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55.1 A party which proceeds with the proceeding without promptly stating its objection to non-compliance with any provision of these Rules, the arbitration agreement, or any direction of the Tribunal, shall be deemed to have waived the right to object, save where the non-compliance goes to a mandatory provision of law.

56.1 Communications under these Rules shall be made in writing. Electronic communication is permitted and shall be treated as received on the next business day after transmission, unless the sender has actual knowledge of earlier receipt.

56.2 The Centre shall maintain a secure institutional filing portal. Where available, filings shall be made through the portal.

41.1 Before signing a final award, the Tribunal shall submit the draft award to the Registrar for institutional scrutiny.

41.2 Scrutiny is limited to:

41.2.1 form and completeness; 41.2.2 arithmetical accuracy of costs and amounts; 41.2.3 consistency with the record and with the procedural history; 41.2.4 compliance with the statutory requirements of Section 31 of the Act.

41.3 Scrutiny shall not interfere with the Tribunal’s decision on the merits. The Registrar may draw the Tribunal’s attention only to matters of form and completeness. The Tribunal retains the sole power of decision.

41.4 Scrutiny shall be completed within fifteen (15) days.