Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
In force since September 25, 2000.
SECTION I. INTRODUCTORY RULES
Scope of application
1. Where the parties have agreed in writing that disputes in
relation to a contractual or non-contractual relationship shall be
referred to the arbitration of the Mexico City National Chamber of
Commerce, or if the parties used expressions showing their
intention to submit to such rules, such disputes shall be settled
in accordance with these arbitration rules without affecting to the
modifications upon which the parties might agree in writing.
2. Where the parties have agreed to submit to arbitration
according to these Rules, they submit, because of that only fact,
to the Rules effective as on the date of the start of the arbitral
proceedings, unless they have agreed to submit to the Rules
effective on the date of the arbitration agreement.
3. These Rules shall govern the arbitration except that where
any of these Rules is in conflict with a provision of the public
law from which the parties cannot derogate, that provision shall
4. Any reference to a contract in these Rules shall be
understood as also made in any non-contractual juridical
relationship from which a dispute has arisen and which the parties
have agreed to submit to arbitration.
5. International arbitration shall be deemed in the cases
a) The parties have their domicile or establishment in different
countries at the time of entering into the Arbitration Agreement;
b) The arbitration site, agreed under the arbitration agreement
or arranged thereunder, the site of fulfillment of a substantial
part of the obligations implied by a relationship, or the place
nearest to the subject of litigation is located outside the country
where the parties have set their establishment.
To the effects of this article, if one of the parties has more
than one establishment, the establishment keeping a closer
relationship with the arbitration agreement shall be taken into
account; and, if the party has no establishment, his habitual
residence shall be taken into account.
6. An arbitration which does not fit in the definition of
paragraph 5 of this Article, shall be a National Arbitration.
Notice, calculation of periods of time, documents
1. For the purposes of these Rules, any notice including a
notification, communication or proposal, is deemed to have been
received if it is physically delivered to the addressee or if it is
delivered at his 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 habitual residence or place
of business. Notice shall be deemed to have been received on the
day it is so delivered.
2. For the purposes of calculating a period of time under these
Rules, such period shall begin to run on the day following the date
when a notice, notification, communication or proposal is received.
If the last day of such period is an official holiday or a
nonbusiness day at a residence or place of business of the
addressee, the period is extended until the next business day which
follows. Official holidays or non-business days occurring during
the running of the period of time, are included in calculating that
3. For the purposes of these Rules, any exchange of letters,
telex, telegrams, telefax, electronic mail and any other means of
communication leaving written proof of the information contained
therein, shall be deemed to be a document.
4. All the documents, as well as all the writings attached
thereto, must be communicated to each one of the parties, to each
one of the arbitrators and to the Commission. A document shall have
no effect until this requisite has been met. The Arbitration Court
however may deemed that the delay or impediment to fully comply
with this paragraph, is justified when there are reasonable
Notice of arbitration
1. The party initiating recourse to arbitration (hereinafter
named the "claimant"), shall notify it in writing to the Permanent
Commission of Arbitration of the Mexico City National Chamber of
Commerce (hereinafter named the "Commission") which will proceed to
communicate it to the other party or parties (hereinafter named the
2. Arbitral proceedings shall be deemed to commence on the date
on which the notice of arbitration is received by the
3. The Notice of arbitration shall include the following:
a) Express mention that the dispute be referred to
b) The name and addresses of the parties;
c) A reference to the arbitration clause which is invoked;
d) A reference to the contract or to the juridical relationship
to which the dispute has arisen or to which the dispute is
e) The general nature of the claim and the indication of the
amount involved, if any;
f) The relief or remedy sought;
g) A proposal as to the number of arbitrators, who may be one or
three, if the parties have not previously agreed thereon.
4. The notice of arbitration may also include:
a) The proposal for the appointment of a sole arbitrator;
b) The notification of the appointment of an arbitrator referred
to in Article 9;
c) The statement of claim referred to in Article 23.
Representation and assistance
During the arbitration proceedings, the parties may be
represented or assisted by persons of their choice. The names and
addresses of such persons must be communicated in writing to the
Commission, to the other party and to the Arbitration Court; such
communication must specify whether the appointment is made for
purposes of representation or assistance.
Unless otherwise expressly agreed by the parties, the
arbitration proceedings shall be confidential. Confidentiality
shall not be deemed breached when there is recourse to the public
Courts to request the acknowledgment or the enforcement of an award
or in any other case foreseen by the Rules or by a norm of public
Release from liability
It is hereby expressly stated that neither the Mexico City
National Chamber of Commerce, nor the members of the Commission,
nor the arbitrators, shall be responsible before any person for
facts, acts or omissions related to this Arbitration.
SECTION II. COMPOSITION OF THE ARBITRAL
Number of arbitrators
If the parties have not previously agreed on the number of
arbitrators (i.e. one or three) and if within 15 days after the
receipt by the Commission of the arbitration notice, the parties
are not agreed on the number of arbitrators, said Commission shall
determine the number of arbitrators.
Appointment of arbitrators
1. Unless agreed by the parties, if a sole arbitrator has been
appointed, said arbitrator shall be appointed by the Commission.
The parties may propose to the Commission the name of one or more
persons to be considered by the Commission appointing the sole
2. The Commission shall appoint the sole arbitrator as soon as
possible. In making the appointment, the Commission shall proceed
in accordance with the system established hereunder, unless both
parties agree not to use the list-procedure, or if the Commission
itself discretionally decides that the use of the list-procedure is
not appropriate for the case:
a) At the request of one of the parties the Commission shall
communicate to both parties an identical list containing at least
b) Within 15 days after the receipt of this list, each party may
return the list to the Commission after having deleted the name or
names to which he objects and number the remaining names on the
list in the order of this preference;
c) After the expiration of the above period of time, the
Commission shall appoint the sole arbitrator from among the names
approved in the lists returned to it and in accordance with the
order of preference indicated by the parties;
d) If for any reason the appointment cannot be made according to
this procedure, the Commission may exercise its discretion in
appointing a sole arbitrator.
3. The Commission shall take the required steps to guarantee the
appointment of an independent and impartial arbitrator; and, if the
arbitration is international, the Commission shall take into
account the advisability of appointing an arbitrator of a
nationality other than the nationality of the parties.
1. Unless otherwise agreed, each party shall appoint one
arbitrator, if three arbitrators must be appointed. Each party
shall notify the Commission and the other party of the appointment
of the arbitrator he has made. In any way, the Commission shall be
empowered to ratify or not said appointment.
2. Unless otherwise agreed by the parties, the third arbitrator,
who will act as the presiding arbitrator of the tribunal, shall be
appointed by the Commission. For the purpose of appointing the
presiding arbitrator, the Commission shall observe the procedure
established in Article 8 for the appointment of a sole
3. If within 30 days after receipt of notice from a party
appointing an arbitrator, the other party has not notified to the
first party the arbitrator named by him, the first party may
request the Commission to appoint a second arbitrator. The
Commission may exercise its discretion in appointing the
1. If there are several claimant parties or several respondent
parties, the sole arbitrator or the three arbitrators shall be
appointed by the Commission, and the Commission shall indicate who
among the three shall exercise the functions of presiding
arbitrator of the tribunal. For the purpose of appointing the
arbitrators, the Commission shall observe the procedure established
in Article 8 for the appointment of a sole arbitrator.
2. The parties may agree to have the arbitral tribunal made up
in a manner different from the manner stipulated in paragraph 1 of
this article; however, if the agreement of the parties produces as
a consequence that one or more of the claimants or of the
respondents will not be granted equal treatment in the setting up
of the arbitral tribunal, the provisions of said paragraph 1 of
this article shall be applied in lieu of the agreement of the
The arbitrators appointed by the parties or by the other
arbitrators shall be confirmed by the Commission, before assuming
1. A prospective arbitrator shall disclose to the Commission any
circumstances likely to give rise to justifiable doubts as to his
impartiality or independence. Once appointed or chosen the
arbitrator, the Commission shall disclose such circumstances to the
parties unless they have already been informed of these
2. An arbitrator shall promptly report in writing to the parties
and to the Commission any circumstance of a same nature as the
circumstances mentioned in paragraph 1 of this article, which could
arise or which he could learn after his appointment.
1. The Commission may request from any of the parties the
information it deems necessary for the performance of its functions
in the appointment of arbitrators.
2. If the parties propose as arbitrators one or more persons who
do not appear on the list of arbitrators of the Commission, they
shall indicate in writing their full name and address as well as
their nationality. The Commission can request additional
information concerning the good standing and the experience of the
arbitrators proposed in that way.
1. The decisions of the Commission concerning the confirmation
of, challenge to or substitution of, an arbitrator, shall be final.
The reasons leading to those decisions shall not be communicated
either to the parties or to the arbitrators.
2. When an arbitrator has been appointed by the Commission, his
appointment may only be challenged in accordance to the procedure
of Articles 15 to 16.
Challenge of arbitrators
1. Any party may promote the challenge of an arbitrator within
the 15 days following the notice of appointment of said arbitrator,
or within the 15 days following the date on which he learned about
the circumstances stated in Article 12 of these Rules.
2. The challenge shall be notified to the Commission, to the
other party, to the challenged arbitrator and to the other members
of the arbitral tribunal. Said notification shall be done in
writing and must be duly motivated.
3. When an arbitrator has been challenged by one party, the
other party may accept the challenge. The arbitrator may also,
after the challenge, withdraw from his office. In neither case does
this imply acceptance of the validity of the grounds for the
challenge. Moreover, in both cases the procedure provided in
Article 8 for the appointment of a substitute arbitrator, shall be
used in full, even if, during the process of appointing the
challenged arbitrator, one of the parties failed to exercise his
right to appoint or to participate in the appointment.
1. If the other party does not accept the challenge and the
challenged arbitrator does not withdraw, the decision on the
challenge shall be taken by the Commission. The Commission's
decision may not be appealed before the judicial authority.
2. When an arbitrator has been appointed by the Commission, his
appointment may only be challenged in accordance with the procedure
stated in this section.
Removal of arbitrators
The Commission may remove an arbitrator if it knows that there
are justifiable reasons to deem that the arbitrator is not
impartial or independent, or when said arbitrator does not carry
out his functions or is prevented de facto or de jure from
Decease or withdrawal of an arbitrator
1. In the event of death or resignation of an arbitrator during
the arbitration proceedings, a substitute arbitrator shall be
appointed or chosen, pursuant to the procedure foreseen in article
2. If an arbitrator fails to fulfill his functions or if there
is an impossibility, de jure or de facto, preventing him from
performing them, the procedures concerning the challenge to, and
replacement of, arbitrator, shall be applied as foreseen in the
Repetition of hearings in the event of the replacement of an
In the event of replacement of the sole or presiding arbitrator,
any hearings held previously shall be repeated; if any other
arbitrator is replaced, such prior hearings may be repeated at the
discretion of the arbitral tribunal.
SECTION III. ARBITRAL PROCEEDINGS
1. Subject to these Rules, the arbitral tribunal may conduct the
arbitration in such a manner as it considers appropriate, provided
that the parties are treated with equality and that, at any stage
of the proceedings, each party is given a full opportunity of
presenting his case.
2. If either party so requests at any stage of the proceedings,
the arbitral tribunal shall hold hearings for the presentation of
evidence by witnesses, including experts, or for oral arguments. In
the absence of such a request, the arbitral tribunal shall decide
whether to hold such hearings or whether the proceedings shall be
conducted on the bases of documents and other materials.
Place of arbitration
1. Unless the parties have agreed upon the place where the
arbitration is to be held, such place shall be determined by the
arbitral tribunal, having regard to the circumstances of the
2. The arbitral tribunal may determine the locale of the
arbitration within the country agreed upon by the parties. It may
hear witnesses and hold meetings for consultation among its members
at any place it deems appropriate, having regard to the
circumstances of the arbitration.
3. The arbitral tribunal may meet at any place it deems
appropriate for the inspection of goods and other property or
documents. The parties shall be given sufficient notice to enable
them to be present at such inspection.
1. Subject to an agreement by the parties, the arbitral tribunal
shall, promptly after its appointment, determine the language or
languages to be used in the proceedings. This determination shall
apply to the statement of claim, the statement of defense, and any
further written statements and, if oral hearings take place, to the
language or languages to be used in such hearings.
2. The arbitral tribunal may order that any documents annexed to
the statement of claim or statement of defense, and any
supplementary documents or exhibits submitted in the course of the
proceedings, delivered in their original language, shall be
accompanied by a translation into the language or languages agreed
upon by the parties or determined by the arbitral tribunal.
Statement of claim
1. Unless the statement of claim was contained in the notice of
arbitration, within a period of time to be determined by the
arbitral tribunal, the claimant shall communicate his statement of
claim in writing to the Commission, to the respondent and to each
of the arbitrators. A copy of the contract or, if any, of the
document leading to the extracontractual relationship should also
be annexed to the statement of claim, as well as a copy of the
arbitration agreement if not contained in the contract.
2. The statement of claim shall include the following
a) The names and addresses of the parties;
b) Statement of the facts supporting the claim;
c) The points at issue;
d) The relief or remedy sought;
Unless otherwise ordered by the arbitral tribunal, the claimant
may annex to his statement of claim all documents he deems relevant
or may add a reference to the documents or other evidence he will
Statement of defense
1. Within a period of time to be determined by the arbitral
tribunal, the respondent shall communicate his statement of defense
in writing to the Commission, to the claimant and to each of the
2. The statement of defense shall reply to the particulars (b),
(c) and (d) of paragraph 2 of article 23. Unless otherwise ordered
by the arbitral tribunal, the respondent may annex to his statement
the documents on which he relies for his defense or may add a
reference to the documents or other evidence he will submit.
3. In his statement of defense, or at a later stage in the
arbitral proceeding if the arbitral tribunal decides that the delay
was justified under the circumstances, the respondent may make a
counter-claim arising out of the same contract or extra-contractual
relationship, or rely on a claim based on the same contract or on
any other relationship which the parties have agreed to submit to
arbitration pursuant to these Rules, for the purpose of a
4. The provisions of paragraph 2 of article 23, shall apply to a
counter claim and a claim relied on for the purpose of a
Amendments to the claim or defense
During the course of the arbitral proceedings, either party may
amend or supplement his claim or defense, unless the arbitral
tribunal considers it inappropriate to allow such amendment having
regard to the delay in making it or prejudice to the other party
and any other circumstances. However, a claim may not be amended in
such a manner that the amended claim falls outside the scope of the
Pleas as to the jurisdiction of the arbitral tribunal
1. The arbitral tribunal shall have the power to rule on
objections that it has no jurisdiction, including any objections
with respect to the existence of validity of the arbitration
2. The arbitral tribunal shall have the power to determine the
existence or the validity of the contract of which an arbitration
clause or agreement forms a part. For the purposes of this article,
an arbitration clause or agreement 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. A decision by the arbitral tribunal that the contract is
null and void shall not entail ipso jure the invalidity of the
3. A plea that the arbitral tribunal does not have jurisdiction
shall be raised in writing no later than in the statement of
defense or, with respect to a counter-claim, in the reply to the
4. In general, the arbitral tribunal should render a preliminary
award concerning its jurisdiction. However, the arbitral tribunal
may proceed with the arbitration and rule on such a plea in its
Further written statements
The arbitral tribunal shall decide, at its discretion, which
further written statements, in addition to the statement of claim
and the statement of defense, shall be required from the parties or
may be presented by them and shall fix the periods of time for
communicating such statements.
Periods of time
The periods of time fixed by the arbitral tribunal for the
communication of written statements (including the statement of
claim or statement of defense) should not exceed 45 days. However,
the arbitral tribunal may extend the time limits if it concludes
that an extension is justified.
1. Each party shall have the burden of proving the facts relied
on to support his claim or defense.
2. The arbitral tribunal may, if it considers it appropriate,
require a party to deliver to the tribunal and to the other party,
within such a period of time as the arbitral tribunal shall decide,
a summary of the documents and other evidence that party intends to
present in support of the facts in issue set out in his statement
of claim or statement of defense.
3. At any time during the arbitral proceedings the arbitral
tribunal may require the parties to produce documents or other
evidence within such a period of time as the tribunal shall
1. Previously to each hearing, the arbitral tribunal shall give
the parties adequate advance notice of the date, time and place
2. If witnesses are to be heard at a hearing, at least 15 days
before the hearing each party shall communicate to the arbitral
tribunal and to the other party the names and addresses of the
witnesses he intends to present, the subject upon which such
witnesses will give their testimony and, if need be, the
language(s) in which they will give said testimony.
3. The arbitral tribunal, with the intervention of the
Commission, shall make arrangements for the translation of all the
oral statements made at the hearing and for a record of the
hearing, if either is deemed necessary by the tribunal under the
circumstances of the case, or if the parties have agreed thereto
and have communicated such agreement to the tribunal at least 15
days before the hearing.
4. Hearings shall be held in camera, unless the parties agree
otherwise. The arbitral tribunal may require the retirement of any
witness or witnesses during the testimony of other witnesses. The
arbitral tribunal is free to determine the manner in which
witnesses are examined.
5. Evidence of witnesses may also be presented in the form of
written statements duly signed by them.
6. The arbitral tribunal shall determine the admissibility,
relevance, materiality and weight of the evidence offered.
Interim measures of protection
1. At the request of either party, the arbitral tribunal may
take any interim measures it deems necessary in respect of the
subject-matter of the dispute, including measures for the
conservation of the goods forming the subject-matter in dispute,
such as ordering their deposit with a third person or the sale of
2. Such interim measures may be established in the form of an
interim award. The arbitral tribunal shall be entitled to require
security for the costs of such measures.
3. A request for interim measures addressed by any party to a
judicial authority shall be not be deemed incompatible with the
agreement to arbitrate or as a waiver of that agreement.
1. The arbitral tribunal may appoint one or more experts to
report to it, in writing, on specific issues to be determined by
the tribunal. A copy of the expert's terms of reference,
established by the arbitral tribunal, shall be communicated to the
2. The parties shall give the expert any relevant information or
produce for his inspection any relevant documents or goods that he
may require of them. Any dispute between a party and such expert as
to the relevance of the required information or production shall be
referred to the arbitral tribunal for decision.
3. Upon receipt of the expert's report, the arbitral tribunal
shall communicate a copy of the report to the parties, who shall be
given the opportunity to express, in writing, their opinion on the
report. The parties shall be entitled to examine any document on
which the expert has relied in his report.
4. At the request of either party the expert, after delivery of
the report, may be heard at the hearing where the parties shall
have the opportunity to be present and to interrogate the expert.
At this hearing, either party may present expert witnesses in order
to testify on the points at issue. The provisions of article 30
shall be applicable to such proceedings.
1. If, within the period of time fixed by the arbitral tribunal,
the claimant has failed to communicate his claim without showing
sufficient cause for such failure, the arbitral tribunal shall
issue an order for determination of the arbitral proceedings. If,
within the period of time fixed by the arbitral tribunal, the
respondent has failed to communicate his statement of defense
without showing sufficient cause for such failure, the arbitral
tribunal shall order that the proceedings continue.
2. If one of the parties, duly notified under these Rules, fails
to appear at a hearing, without showing sufficient cause for such
failure, the arbitral tribunal shall order that the proceedings
3. If one of the parties, duly invited to produce documents,
fails to do so within the established period of time, without
showing sufficient cause for such failure, the arbitral tribunal
may make the award on the evidence before it.
Closure of Hearing
1. The 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
2. The arbitral tribunal may, if it considers it necessary owing
to exceptional circumstances, decide, on its own motion or upon
application of a party, to reopen the hearings at any time before
the award is made.
Waiver to object
If a party who knows that any provision of, or requirement
under, these Rules have not been complied with and yet proceeds
with the arbitration without promptly stating his objection to such
non-compliance, said party shall be deemed to have waived his right
The parties may reduce the different periods of time foreseen
herein, or stipulate a limit of time for the issue of the
arbitration award or the termination of the arbitration. The
agreement to reduce the periods of time, to set a limit of time to
pronounce the arbitration award or to have the arbitration
terminated, shall be legally effective upon its approval by the
arbitral tribunal. In spite of the existence and legal validity of
an agreement by the parties reducing the period of time or
establishing the limits of time referred to in this article, the
Commission may, upon request of the arbitral tribunal, if it deems
it justified, extend the period of time agreed upon by the
Waiver to resort to the judicial authority If the arbitration
proceedings take place in the Mexican Republic, the parties shall
waive the legal recourses before the judicial authorities, foreseen
in articles 1429 and 1432 of the Code of Commerce effective in
SECTION IV. THE AWARD
1. When there are three arbitrators, any award or other decision
of the arbitral tribunal shall be made by a majority of the
2. In the case of questions of procedures, when there is no
majority or when the arbitral tribunal so authorizes, the presiding
arbitrator may decide on his own, subject to revision, if any, by
the arbitral tribunal.
Form and effects of the award
1. In addition to making a final award, the arbitral tribunal
shall be entitled to make nterim, interlocutory or partial
2. The award shall be issued in writing and shall be final and
binding upon the parties. The parties undertake to carry out the
award without delay.
3. The arbitral tribunal shall state the reasons upon which the
award is based, unless the parties have agreed that no reasons are
to be given.
4. The award shall be signed by the arbitrators and it shall
contain the date on which and the place where the award was issued.
Where there are three arbitrators and one of them fails to sign,
the award shall state the reason for the absence of the signature.
The award shall be deemed as being issued at the place of
5. The arbitral tribunal shall communicate the award to the
Commission. For this purpose, the arbitral tribunal shall deliver
to the Commission copies of the award signed by the arbitrators, in
number sufficient for the Commission and for each one of the
6. If the arbitration law of the country where the award is made
requires that the award be filed or registered by the arbitral
tribunal, said tribunal shall comply with this requirement within
the period of time required by law.
Applicable law, amiable compositeur
1. The arbitral tribunal shall apply the law designated by the
parties as applicable to the substance of the dispute. Failing such
designation by the parties, the arbitral tribunal shall apply the
law it deems applicable.
2. The arbitral tribunal shall decide as amiable compositeur (ex
aequo et bono) only if the parties have expressly authorized the
arbitral tribunal to do so and if the law applicable to the
arbitral procedure permits such arbitration.
3. 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 of arbitral
1. If, before the award is made, the parties agree on the
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 of
settlement in the form of an arbitral award on agreed terms. The
arbitral tribunal is not obliged to give reasons for such an
2. If, before the award is made, the continuation of the
arbitral proceeding becomes unnecessary or impossible for any
reason not mentioned in paragraph 1 of this article, the arbitral
tribunal shall inform the Commission and the parties of its
intention to issue an order for the termination of the proceedings.
The arbitral tribunal shall have a power to issue such an order,
unless the Commission or a party raises justifiable grounds for
3. The arbitral tribunal shall deliver to the Commission and to
the parties copies of the order of termination or of the arbitral
proceedings or of the arbitral award on terms agreed by the
parties, duly signed by the arbitrators.
Where an arbitral award is issued under the terms agreed by the
parties, the provisions of article 39, paragraphs 2 through 6 shall
Interpretation of the award
1. Within thirty days after the receipt of the award, the
Commission or either party, with notice to the other party, may
request the arbitral tribunal to give an interpretation of the
2. The interpretation shall be given in writing within 45 days
after the receipt of the request. The interpretation shall form
part of the award, and the provisions of paragraph 2 through 6 of
article 39 shall apply.
Correction of the award
1. Within thirty days after receipt of the award, the Commission
or either party, with notice to the other party, may request the
arbitral tribunal to correct in the award any errors in
computation, any clerical, spelling or typographic errors, or any
errors of similar nature. The arbitral tribunal may within thirty
days after the communication of the award make such corrections on
its own initiative.
2. Such corrections shall be made in writing, shall form part of
the award, and the provisions of paragraphs 2 through 6 of article
39 shall apply.
1. Within thirty days after the receipt of the award, either
party may request the arbitral tribunal, which shall notify the
other party, to issue an additional award concerning claims
presented in the arbitral proceedings but omitted from the
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 evidences, it
shall complete its award within sixty days after the receipt of the
3. When an additional award is made, the provisions of paragraph
2 through 6 of article 39 shall apply.
The arbitral tribunal shall determine in the award the ratio
according to which the parties shall contribute to the payment of
the costs of the arbitration, the amount of which shall be fixed by
the Commission. The expression "costs" shall include only the
a) The fees of the arbitral tribunal to be stated separately as
to each arbitrator and to be fixed by the Commission;
b) The travel and other expenses incurred by the
c) The costs of expert advice and of other assistance required
by the arbitral tribunal;
d) The travel and other expenses incurred by the witnesses, to
the extent such expenses are approved by the Commission;
e) The cost for legal representation and assistance of the
successful party if such costs were claimed during the arbitral
proceedings, and only to the extent the arbitral tribunal
determines in its award that the payment of such expenses should be
defrayed by the unsuccessful party;
f) The administrative fees and expenses of the Commission, to be
calculated pursuant to the respective schedule of fees.
The Commission shall determine the professional fees of the
arbitral tribunal and the administrative expenses in accordance
with the established schedule of fees, 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
1. Except as provided in article 45, the costs of arbitration
shall in principle be borne by the unsuccessful party. However, the
arbitral tribunal may apportion each of such costs between the
parties if it determines that apportionment is reasonable, taking
into account the circumstances of the case.
2. With respect to the costs of legal representation and
assistance referred to in article 4, the arbitral tribunal, taking
into account the circumstances of the case, shall be free to
determine which party shall bear such costs or may apportion such
costs between the parties if it determines that appointment is
3. When an arbitral tribunal issues an order for determination
of the arbitral proceedings or makes an award on agreed terms,
articles 39 and 41 shall apply.
4. No additional fees may be charged by the arbitral tribunal
for interpretation, correction or completion of its award, pursuant
to articles 42 through 44.
Deposit and payment of costs
1. The Commission may require, as a requisite for the arbitral
tribunal to begin or continue the arbitration, that each party
deposit an equal amount as an advance for the costs referred to in
subparagraphs a), b), c) and f) of article 45.
2. During the course of the arbitral proceedings, the Commission
may request supplementary deposits from the parties.
3. If the required deposits are not paid in full within 30 days
after the receipt of the request by the Commission, the Commission
shall so inform the parties in order that each one of them may make
the required payment. If such payment is not made, the Commission
may order the suspension or the anticipated termination of the
arbitral proceedings. The Commission may condition the notice of
the award to the previous payment of the balance of the costs, if
4. After the award has been notified, the Commission shall
render to the parties an accounting of the deposits received and
return any unexpended balance to the parties.
The amount of the administrative contributions which the
Commission shall be entitled to charge as the administrator of the
arbitration proceedings, for other services and for reimbursements,
are the contributions stated in the annex hereto.
SOLE. Unless otherwise agreed by the parties:
I. The provisions of these Rules shall become effective on
September 25, 2000.
II. The arbitral proceedings being carried out on the date of
approval of these reforms, shall continue to be governed according
to the effective provisions at the time of their commencement.