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  • Article 53: Orange and Red List Treatment

    Part XIV — BIAS ELIMINATION ARCHITECTURE

    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.

  • Article 52: Disclosure and Third-Party Funding

    Part XIV — BIAS ELIMINATION ARCHITECTURE

    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.

  • Article 51: Deposits

    Part XIII — FEES, COSTS, AND DEPOSITS

    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.

  • Article 50: Administrative Fees and Arbitrator Fees

    Part XIII — FEES, COSTS, AND DEPOSITS

    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.

  • Article 49: Registration Fee

    Part XIII — FEES, COSTS, AND DEPOSITS

    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.

  • Article 48: Composition, Procedure, and Time

    Part XII — INSTITUTIONAL REVIEW PANEL

    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.

  • 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 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 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 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.