Lex Arbitrate

Category: Rules Article

  • Article 57: Exclusion of Liability

    Part XV — GENERAL PROVISIONS

    57.1 Save to the extent that exclusion is prohibited by applicable law, the Centre, the Registrar, the Secretariat, the arbitrators, and the members of the Institutional Review Panel shall not be liable to any person for any act or omission in connection with a proceeding administered under these Rules.

  • Article 42: Costs

    Part XI — THE AWARD

    42.1 The Tribunal shall, in the final award, fix the costs of the arbitration and decide which party shall bear them.

    42.2 Costs include:

    42.2.1 the fees and expenses of the arbitrators under Schedule I; 42.2.2 the administrative fees and expenses of the Centre under Schedule I; 42.2.3 the reasonable legal and other costs incurred by the parties; 42.2.4 the fees and expenses of experts, witnesses, and third-party service providers; 42.2.5 any cost consequence under Article 33.

    42.3 The Tribunal shall apportion costs having regard to the outcome, conduct of the parties, compliance with the procedural calendar, and the Timeline Enforcement Protocol record.

  • Article 58: Modification of Rules and Transitional Provisions

    Part XV — GENERAL PROVISIONS

    58.1 The Centre may amend these Rules from time to time. Amendments shall not affect proceedings already commenced, unless the parties otherwise agree.

    58.2 In the event of any inconsistency between these Rules and any other rules or protocols published by the Centre, these Rules shall prevail in matters concerning arbitration, save where a specific protocol (including the Emergency Arbitrator Protocol, the Timeline Enforcement Protocol, the Institutional Review Panel Rules, and the Expert Determination Protocol) is expressly incorporated.

    58.3 Arbitrations commenced under Arbitration Rules v1.0 (Consultation Draft) before the Effective Date of this Consolidated Edition shall continue under v1.0 unless the parties jointly elect migration to this Consolidated Edition on the record, subject to Tribunal directions on any steps already taken.

  • Article 43: Correction, Interpretation, and Additional Award

    Part XI — THE AWARD

    43.1 Within thirty (30) days of receipt of the award, a party may request the Tribunal to:

    43.1.1 correct any computational, clerical, typographical, or similar error; 43.1.2 give an interpretation of a specific point or part of the award; 43.1.3 make an additional award as to claims presented in the arbitration but omitted from the award.

    43.2 The Tribunal shall decide any such request within thirty (30) days.

  • Article 59: Interpretation

    RULES COMMENTARY
    22 April 2026 · The Secretariat · Reading time 4 min

    Article 59 of the Consolidated Rulebook is the institutional convention by which every other Article is read. The institution publishes Article 59 in full so that counsel may cite the interpretive method of the Rules with the same confidence that they cite the Rules themselves.

    Interpretation under the Consolidated Rulebook proceeds from the institutional voice of the Rules and the institutional purpose of the centre. The Rules are read as a coherent instrument; words used in one Article carry the meaning given them in the definitions appendix; references to “the Tribunal”, “the Registry”, “the Rulebook”, “Schedule I”, and “the Section 29A statutory ceiling” are read as proper-noun references and capitalised consistently.

    Where an Article is silent on a procedural point, the Tribunal proceeds in such manner as it considers appropriate to ensure a fair, efficient, and reasoned determination, having regard to the institutional purpose recorded in the Preamble to the Rulebook and the Section 29A statutory ceiling.

    The Rules are read as a coherent instrument. The Tribunal is the interpretive authority. The Registry is the keeper of the calendar.

    Article 59, Consolidated Rulebook v1.2

    Where an Article appears to conflict with another Article, the Tribunal reads the two together to give effect to the institutional purpose of both, and where reconciliation is not possible, gives effect to the Article more specific to the procedural point in issue. Where conflict persists, the Rules and Brand Council issues an institutional clarification by minute, which becomes a binding interpretive instrument from the date recorded.

    What this means for counselCite the Rulebook by Article number with confidence. The Tribunal is the interpretive authority of first instance; institutional clarification of last resort issues by minute of the Rules and Brand Council. Counsel may, where doubt arises, request institutional guidance from the Registry under Article 60.
    Lex Arbitrate, ‘Article 59: Interpretation’ (Consolidated Rulebook v1.2 Commentary, 22 April 2026) <https://lexarbitrate.com/article-59-interpretation/> accessed [date]

  • Article 44: Deposit of the Award

    Part XI — THE AWARD

    44.1 The original signed award shall be deposited with the Registrar, who shall transmit certified copies to the parties and retain the original in the institutional archive.

    —

  • Article 45: Availability and Opt-In

    Part XII — INSTITUTIONAL REVIEW PANEL

    45.1 Review by the Institutional Review Panel is voluntary. The review procedure applies only where the parties have opted in, either:

    45.1.1 in the arbitration agreement; 45.1.2 in a separate written agreement before or during the arbitration; or 45.1.3 in a joint request after the final award, made within the period under Article 46.1.

    45.2 Review does not constitute an appeal on merits. It is confined to manifest error of the kind set out in Article 47. Review does not enlarge, restrict, or displace any right of recourse under Section 34 or Section 48 of the Act or the law of the seat.

  • Article 46: Application for Review

    Part XII — INSTITUTIONAL REVIEW PANEL

    46.1 An application for review shall be filed with the Registrar within thirty (30) days of receipt of the final award.

    46.2 The application shall:

    46.2.1 be in writing and shall not exceed twenty (20) pages; 46.2.2 identify with precision the manifest error alleged; 46.2.3 specify the relief sought; 46.2.4 be accompanied by the Review Panel Fee under Schedule I.

  • Article 47: Grounds for Review

    Part XII — INSTITUTIONAL REVIEW PANEL

    47.1 Review is available only where the applicant establishes a prima facie case of:

    47.1.1 manifest error on the face of the record in law or fact; 47.1.2 manifest failure to consider a material issue duly raised; 47.1.3 manifest breach of natural justice or due process not cured during the arbitration; 47.1.4 manifest arithmetical error with material effect on the award; 47.1.5 manifest inconsistency on the face of the award.

    47.2 Review is not available on grounds of:

    47.2.1 re-appreciation of evidence; 47.2.2 reinterpretation of contract terms; 47.2.3 disagreement with the Tribunal’s findings on credibility; 47.2.4 substitution of the Review Panel’s judgment for that of the Tribunal on matters within the Tribunal’s discretion.

  • Article 32: Confidentiality

    Part VIII — CONDUCT OF THE ARBITRATION

    32.1 All information relating to the proceeding and all awards, orders, and communications shall be confidential, save:

    32.1.1 as required for the enforcement or challenge of the award; 32.1.2 as required by law or regulatory authority; 32.1.3 as disclosed with the written consent of all parties.

    32.2 The Centre may, for institutional learning and quality assurance, publish redacted and anonymised summaries of awards, panel-challenge decisions, Emergency Arbitrator orders, and other institutional decisions. Any party may opt out in writing before the award.

    —