Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
1. In these Rules
a. terms and phrases have the same meaning as
defined in, or contemplated by, theInternational Commercial
Arbitration Act, RSBC 1996, c. 233;
b. "Act" means the International
Commercial Arbitration Act;
c. a masculine gender reference includes a
female gender reference, a singular reference includes a plural
reference and vice versa;
d. the "Centre" or "BCICAC" means
the British Columbia International Commercial Arbitration
Centre in Vancouver, British Columbia, Canada; and
e. the BCICAC Fee Schedule for International
Commercial Arbitration in effect at the commencement of an
arbitration shall apply.
a. parties have agreed in writing to submit a
dispute which has arisen or may arise between them in respect of a
defined legal relationship, whether contractual or not, to
arbitration under the rules of the BCICAC; and
b. the arbitration referred to in (a) is an
international commercial arbitration,
the arbitration shall be conducted in
accordance with these Rules.
3. The parties to an arbitration under these
Rules may modify the Rules by agreement in writing.
Receipt of written
1. Any written communication is deemed to
have been received on the day it is delivered to the addressee
personally or delivered at the addressee's place of business,
habitual residence or mailing address.
2. Any written communication required or
permitted under these Rules may be delivered personally, by
registered mail, by facsimile, or by electronic or other means of
telecommunication which provide a record of delivery.
3. If none of the places referred to in (1)
can be found after making a reasonable inquiry, a written
communication is deemed to have been received if it is sent to the
addressee's last known place of business, habitual residence or
mailing address by registered mail or by any other means which
provides a record of the attempt to deliver it.
A period of time is calculated by excluding
the first day and including all consecutive ensuing days, including
holidays and non-business days. However, where the time for doing
an act falls or expires on an official holiday or a non-business
day at the residence or place of business of the individual who is
to perform that act, the period is extended until the first
business day that follows.
Waiver of right to object and
exclusion of liability
1. A party who knows that any provision of,
or requirement under, these Rules has not been complied with and
yet proceeds with the arbitration without stating its objection to
noncompliance without undue delay shall be deemed to have waived
its right to object.
2. None of the Centre, its staff or the
members of the arbitral tribunal is liable to any party for any act
or omission in relation to an arbitration under these Rules unless
the injury or loss was caused by deliberate and conscious
COMPOSITION OF ARBITRAL
1. The parties may agree on the number of
arbitrators before or within 30 days after commencement of the
2. If the parties have not so agreed, the
number of arbitrators shall be three unless the Centre, in its
discretion, determines that a sole arbitrator shall constitute the
3. In determining whether a sole arbitrator
should be constituted as the tribunal, the Centre shall have regard
to the amount in dispute, the nature and complexity of the dispute
and any other factor it considers relevant.
Appointment of a sole
1. Where a sole arbitrator is to be
appointed, either party may propose to the other the name of one or
more persons acceptable to that party as the sole
2. Where the parties fail to reach an
agreement on a sole arbitrator within 30 days after a party
receives the proposal under (1), a party may request the Centre to
appoint the arbitrator in accordance with Article 8.
Appointment of three
1. Where three arbitrators are to be
appointed, each party shall appoint one arbitrator, and the two
appointed arbitrators shall appoint the third arbitrator who will
act as presiding arbitrator.
2. Where a party fails to appoint an
arbitrator within 30 days after receipt of a request to do so from
the other party, the other party may request the Centre to appoint
that arbitrator in accordance with Article 8.
3. Where the two appointed arbitrators fail
to appoint a third arbitrator within 30 days after the date of the
appointment of the last arbitrator, a party may request the Centre
to appoint the third arbitrator in accordance with Article
4. If the notice of request for arbitration
names two or more claimants or two or more respondents and the
parties do not agree on the appointment process within 30 days of
delivery of the notice, the Centre shall appoint all three
arbitrators under Article 8(2)(d).
1. The Centre shall appoint an arbitrator as
promptly as possible after the request of a party under Article 6
2. Unless the Centre determines that it is
not appropriate in a particular case, the Centre shall use the
following list procedure:
a. the Centre shall communicate to both
parties an identical list of at least three names;
b. within a period of 15 days following
receipt of the list referred to in (a), each party shall return the
list to the Centre after having
i. deleted any name to which it objects,
ii. numbered the remaining names on the list
in the order of its preference;
c. after the 15 day period referred to in
(b), the Centre shall appoint the arbitrator from the remaining
names on the lists returned to it, taking into account the order of
preference indicated by the parties; and
d. if, for any reason the appointment cannot
be made according to this procedure, the Centre may, in its sole
discretion, appoint the arbitrator.
3. In appointing an arbitrator, the Centre
will have due regard to
a. any qualifications required of the
arbitrator by the agreement of the parties;
b. other considerations likely to secure the
appointment of an independent and impartial arbitrator;
c. the advisability of appointing an
arbitrator of a nationality other than those of the
Proposing and requesting
1. Where a person is proposed for appointment
as an arbitrator, the following information shall be given to all
parties by the proposer: the person's full name, address and
nationality and a description of the person's
2. Where a request for appointment is made to
the Centre, the party making the request shall send to the
a. a copy of the notice of request for
b. a copy of the contract out of or in
relation to which the dispute has arisen; and
c. a copy of the arbitration agreement if an
arbitration clause is not contained in the contract.
3. The parties shall supply the Centre with
any additional information it considers necessary to fulfill its
1. An arbitrator shall be and remain at all
times wholly independent and impartial.
2. To accept an appointment, an arbitrator
must sign and provide the Centre with a written declaration that
the arbitrator knows of no circumstance likely to give rise to
justifiable doubts as to the arbitrator's independence and
impartiality. The arbitrator shall disclose any such circumstance
to the parties without delay should it arise before the arbitration
3. Subject to (4) and (5), no party shall
engage in any communication about the case with any arbitrator or
any candidate for appointment as an arbitrator unless the other
party or parties to the case is/are present.
4. A party or someone on behalf of a party
may communicate with a candidate for appointment as a
party-appointed arbitrator for the following purposes:
a. to advise the candidate of the general
nature of the dispute and the arbitration proceedings;
b. to discuss the candidate's qualifications,
availability, independence from the parties and impartiality in
relation to the dispute.
5. A party or someone on behalf of a party
may communicate with a party-appointed arbitrator to discuss the
qualifications and suitability of candidates for the presiding
1. An arbitrator may be challenged only
a. circumstances exist that give rise to
justifiable doubts as to the arbitrator's independence or
b. the arbitrator does not possess the
qualifications agreed to by the parties.
2. A party may challenge an arbitrator in
whose appointment it has participated, only for reasons of which it
becomes aware after the appointment has been made.
3. Where an arbitration agreement
a. for the appointment of a conciliator or
b. that the conciliator or mediator shall
also act as arbitrator in the event of the conciliation or
mediation failing to produce a settlement,
a party shall not object to the appointment
of a conciliator or mediator as arbitrator solely on the ground
that the person acted as conciliator or mediator in connection with
some or all of the matters referred to in the
4. Where a person is appointed as conciliator
or mediator under an arbitration agreement and then declines to act
as an arbitrator, another person appointed as arbitrator shall not
be required first to act as conciliator or mediator.
1. A party who intends to challenge an
arbitrator shall, within 15 days after becoming aware of the
constitution of the arbitral tribunal or becoming aware of any
circumstances referred to in Article 11(1), send a written
statement of the reasons for the challenge to the arbitral
2. If the arbitrator challenged under (1)
withdraws from office or the other party agrees to the challenge,
the mandate of the arbitrator terminates.
3. If the arbitrator challenged under (1)
does not withdraw from office or the other party does not agree to
the challenge, the arbitral tribunal shall decide on the
4. If a challenge to the arbitrator under (1)
is not successful, the challenging party may request the Centre,
within 30 days after having received notice of the decision of the
challenge, to decide on the challenge.
5. The decision of the Centre under (4) is
6. While a request under (4) is pending, the
arbitral tribunal, including the challenged arbitrator, may
continue the arbitral proceedings and make an arbitral
1. The mandate of an arbitrator terminates
a. the arbitrator
i. becomes de jure or de
facto unable to perform the functions of arbitrator or for any
reason fails to act without undue delay; and
ii. withdraws from office or the parties
agree to the termination;
b. a challenge to the office is successful
under Article 12;
c. the arbitrator withdraws from office for
any reason; or
d. the parties agree in writing that it is
2. If under (1)(a) or Article 12, an
arbitrator withdraws from office or a party agrees to the
termination of the mandate of an arbitrator, this does not imply
acceptance of the validity of the grounds referred to in (1)(a) or
a. Where the mandate of an arbitrator who is
one member of a three arbitrator tribunal is not terminated but the
arbitrator declines to participate in the arbitration, the other
two arbitrators have the authority to continue the arbitration.
Should the two arbitrators decide in their sole discretion to
continue, any decision, ruling or award made by them shall be
b. In deciding whether to continue the
arbitration, the two arbitrators shall have regard to the stage of
the proceeding, the reason(s) given by the arbitrator declining to
participate, and such other considerations which they consider
c. Should the two arbitrators decide in their
sole discretion not to continue the arbitration without the
participation of a third arbitrator, the Centre may then terminate
the mandate of the non-participating arbitrator and appoint a
Substitution of an
1. Where the mandate of an arbitrator
terminates under 13(1), a substitute arbitrator shall be appointed
according to the provisions of the Rules that were applicable to
the appointment of the arbitrator being replaced.
2. Subject to the agreement of the parties,
where an arbitrator is replaced, any hearings previously held may
be repeated at the discretion of the arbitral tribunal.
3. An order or ruling of the arbitral
tribunal made prior to the replacement of an arbitrator is not
invalid solely because there has been a change in the composition
of the tribunal.
JURISDICTION OF THE
1. The arbitral tribunal may rule on its own
jurisdiction, including ruling on any objections with respect to
the existence or validity of the arbitration agreement, and for
a. an arbitration clause which forms part of
a contract shall be treated as an agreement independent of the
other terms of the contract; and
b. a decision by the arbitral tribunal that
the contract is null and void shall not entail for that reason
alone the invalidity of the arbitration clause.
2. A plea that the arbitral tribunal does not
have jurisdiction shall be raised not later than the submission of
the statement of defense. However, a party is not precluded from
raising such a plea by the fact that it has appointed, or
participated in the appointment of, an arbitrator.
3. A plea that the arbitral tribunal is
exceeding the scope of its authority shall be raised as soon as the
matter alleged to be beyond the scope of its authority is raised
during the arbitral proceedings.
4. The arbitral tribunal may, in either of
the cases referred to in (2) or (3), admit a later plea if it
considers the delay justified.
5. The arbitral tribunal may rule on a plea
referred to in (2) and (3) either as a preliminary question or in
an arbitral award on the substance of the dispute.
Interim measures of
1. Unless otherwise agreed by the parties in
writing, the arbitral tribunal may, where it is persuaded by a
party that it is necessary, order any interim measure,
a. security for all or part of the amount in
dispute, by way of deposit or bank guarantee or in any other manner
and upon such terms as the arbitral tribunal considers
b. the preservation, storage, sale or other
disposal of property or thing under the control of any party and
relating to the subject matter of the arbitration; and
c. any relief which the arbitral tribunal
would have power to grant in an award, including an interim order
for the payment of money or the disposition of property as between
2. The arbitral tribunal may require a party
to provide appropriate security in connection with a measure
ordered under (1).
3. Unless otherwise agreed by the parties in
writing, the arbitral tribunal shall have the authority, upon the
application of a party, to order any claiming or counter-claiming
party to provide security for the legal or other costs upon such
terms as the arbitral tribunal considers appropriate. The location
of a party's residence is not itself reason for the arbitral
tribunal to order security for legal or other costs.
4. In the event that a party does not comply
with any order to provide security under (1) or (3), the arbitral
tribunal may stay that party's claims or counterclaims or dismiss
them in an award.
5. An order under (1) or (3) may be
established in the form of an interim award and, where it is so
established, shall be considered an arbitral award.
6. Except in relation to security for costs,
the parties agree it is not the intention of these Rules to
preclude a party from seeking interim relief from a court or other
competent judicial authority either before the arbitral tribunal
has been constituted or, in exceptional circumstances, thereafter.
Any such application and any order made shall be communicated to
the arbitral tribunal and all other parties as soon as
CONDUCT OF ARBITRAL
Notice of request for
1 The claimant initiating the arbitration
shall give a notice of request for arbitration to the respondent
and to the BCICAC. The required commencement fee, as set out in the
current BCICAC Fee Schedule for International Commercial
Arbitration shall accompany the notice delivered to the
2 The arbitration is deemed to have commenced
when the notice of request for arbitration is filed with the BCICAC
and the commencement fee paid. The Centre shall notify the parties
when an arbitration has been commenced.
3 A notice of request for arbitration shall
include the following:
a. a request that the dispute be referred to
b. the names and addresses of the parties to
c. a reference to the arbitration clause or
separate arbitration agreement relied upon;
d. a reference to the contract out of or in
relation to which the dispute has arisen;
e. the general nature of the claim and an
estimate of the value of the dispute, if any;
f. the relief or remedy sought;
g. the preferred number of arbitrators, if
not already agreed upon.
4. A notice of request for arbitration may
also include the following:
a. a proposal for the appointment of a sole
arbitrator referred to in Article 6(1);
b. the notification of the appointment of an
arbitrator referred to in Article 7(1); and
c. the statement of claim.
1. The parties may be represented or assisted
by any person during the arbitral proceedings.
2. A party shall advise the other parties in
a. the names and addresses of those persons
who are representing or assisting it; and
b. the capacity in which each of those
persons is acting.
3. Unless the parties expressly agree in
writing to the contrary, the parties agree to keep confidential all
awards arising from the proceedings, together with all evidence and
materials created for the purpose of the arbitration and all other
documents produced by another party in the proceeding not otherwise
in the public domain, except and to the extent that disclosure is
required by law, is required to protect or pursue a legal right or
is required to enforce or challenge an award in legal proceedings
before a court or other competent judicial authority.
4. Unless the parties expressly agree in
writing to the contrary, the members of the arbitral tribunal and
the Centre shall keep confidential all matters related to the
arbitration or the award, except and to the extent that disclosure
is required by law.
Duty to expedite and preliminary
1. The parties shall be treated with equality
and each party shall be given a fair opportunity to present its
2. Subject to these Rules, the arbitral
tribunal has broad discretion to conduct the arbitration in the
manner it considers appropriate so as to avoid unnecessary delay or
expense and provide a fair and efficient means for the final
resolution of the parties' dispute.
3. The power of the arbitral tribunal under
(2) includes the power to determine the admissibility, relevance,
materiality and weight of any evidence, to exclude cumulative or
irrelevant evidence and to direct the parties to focus their
evidence or argument on specific issues which may assist in the
disposal of all or part of the dispute.
4. The parties agree that they shall, at all
times, do everything necessary for the fair, efficient and
expeditious conduct of the arbitration.
5. The arbitral tribunal may hold preliminary
meetings with the parties
a. to discuss with the parties the procedure
to be followed in the arbitration;
b. to fix or determine any periods of time
referred to in these rules;
c. to discuss hearing dates; and
d. to determine any other matter required or
permitted under the Rules to help to ensure the efficient progress
of the arbitral proceedings.
1. In the absence of an agreement by the
parties or a decision by the tribunal to the contrary, the place of
arbitration shall be Vancouver, British Columbia,
2. The arbitral tribunal may meet at any
place it considers appropriate for consultation among its members,
for hearing witnesses, experts or the parties or for inspection of
documents, goods, or other property.
1. Unless the parties otherwise agree, until
the arbitral tribunal has been constituted, the parties shall use
the language(s) of the arbitration agreement in all communications
related to the arbitration. A party shall provide a translation
upon request of the Centre.
2. The arbitral tribunal shall determine the
language to be used in the arbitral proceedings, having regard to
the submissions of the parties and the language(s) of the
arbitration agreement. Unless otherwise specified by the arbitral
tribunal, that determination shall apply to any written statement
by a party, any hearing and any arbitral award, decision or other
communication by the arbitral tribunal.
3. The arbitral tribunal may order that
documentary evidence be accompanied by a translation into the
language determined by the arbitral tribunal under (2).
Statements of claim and
1. Within 30 days after the arbitral tribunal
has been constituted, the claimant shall state, in writing, the
facts supporting its claim, the points at issue and the relief or
remedy sought and shall submit the statement to the respondent and
to the Centre. Any additional required fee shall be delivered with
the statement submitted to the Centre.
2. Within 30 days after receipt of the
statement of claim, the respondent shall state, in writing, its
defense in respect of these particulars and shall submit the
statement of defense to the claimant and to the Centre. At the time
a respondent submits its statement of defense, it may also make a
counterclaim by stating, in writing, the facts supporting its
counterclaim, the points at issue and the relief or remedy sought.
A statement of counterclaim shall be submitted to the claimant and
to the Centre. The required commencement fee must accompany the
statement of counterclaim submitted to the Centre.
3. A party may submit with its statement all
documents considered relevant or may add a reference to the
documents or other evidence it will submit.
4. The claimant shall submit with the
statement of claim a copy of the contract and a copy of the
arbitration agreement if not contained in the contract.
5. A party may amend or supplement its claim
or defense during the course of the arbitral proceedings, unless
the arbitral tribunal considers it inappropriate to allow the
amendment or supplement having regard to the delay in making
6. A claim may not be amended in such a
manner that the amended claim falls outside the scope of the
arbitration clause or separate arbitration agreement.
1. Subject to (2), the arbitral tribunal may
require or permit the presentation of further written statements
from the parties and shall fix the periods of time for
communicating those statements.
2. The arbitral tribunal shall not fix a
period of time in excess of 45 days for communicating any written
3. Where it determines it to be just and
appropriate, the arbitral tribunal may, from time to time, extend a
time limit fixed under (1), but in no case shall the time limit be
extended for a period of time in excess of 45 days.
The arbitral tribunal may extend or abridge a
period of time required in these Rules or fixed or determined by
itself where it considers it to be just and appropriate in all the
circumstances. Until the tribunal is constituted, this authority
shall lie with the Centre.
1. Each party shall prove the facts relied
upon to support its claim or defense.
2. The arbitral tribunal may, if it considers
it appropriate, require a party to deliver a summary of the
documents and other evidence the party intends to present in
support of the facts in issue set out in its statement of claim or
3. The arbitral tribunal may, from time to
time, require a party to produce documents, exhibits or other
4. The arbitral tribunal may set a date or
determine a period of time for delivery.
5. All statements, documents or other
information supplied to, or applications made to, the arbitral
tribunal by one party shall be communicated to the other party, and
any expert report or evidentiary document on which the arbitral
tribunal may rely in making its decision shall be communicated to
1. The arbitral tribunal shall decide whether
to hold oral hearings for the presentation of evidence or for oral
argument, or whether the proceedings shall be conducted on the
basis of documents and other materials.
2. Notwithstanding that the arbitral tribunal
has decided to conduct the proceedings on the basis of documents
and other materials, the arbitral tribunal shall hold oral hearings
at an appropriate stage of the proceedings, if so requested by a
3. The parties shall be given sufficient
advance notice of
a. any meeting of the arbitral tribunal for
the purpose of inspection of documents, goods or other property;
b. any hearing of the arbitral
4. If a party is giving evidence through
witnesses, the party shall, within a period of time the arbitral
tribunal determines, communicate to the tribunal and to the other
a. the names and addresses of the witnesses
it intends to present; and
b. the subject upon which, and the language
in which, those witnesses will give their testimony.
5. The arbitral tribunal shall make
arrangements for the translation of oral statements made at a
hearing and for a record of the hearing if
a. either is deemed necessary by the tribunal
under the circumstances of the case; or
b. the parties have agreed to it and have
communicated such agreement to the tribunal at least 30 days before
6. All oral hearings and meetings in arbitral
proceedings shall be held in camera.
1. The arbitral tribunal may require a
witness to be absent from a hearing during the testimony of another
2. The arbitral tribunal may determine the
manner in which witnesses are to be examined.
3. The arbitral tribunal may allow the
evidence of a witness to be presented in the form of written
statement signed by the witness.
4. Where the arbitral tribunal allows a
written statement of a witness to be presented by a party, the
other party may require that the witness giving evidence in that
manner be present at an oral hearing for examination.
Default of a
1. Where, without showing sufficient cause,
the claimant fails to communicate its statement of claim in
accordance with Article 22(1) or within such further period of time
as permitted by the arbitral tribunal under Article 24, the
arbitral tribunal shall issue an order terminating the arbitral
proceedings with respect to that claim.
2. An order made under (1) does not affect a
counter-claim made in respect of those arbitral
3. Where, without showing sufficient cause,
the respondent fails to communicate its statement of defense in
accordance with Article 22(2) or within such further period of time
permitted by the arbitral tribunal under Article 24, the arbitral
tribunal shall continue the arbitral proceedings without treating
that failure in itself as an admission of the claimant's
4. Where, without showing sufficient cause, a
party fails to appear at an oral hearing or to produce documentary
evidence, the arbitral tribunal may continue the arbitral
proceedings and make the arbitral award on the evidence before
1. The arbitral tribunal may
a. appoint one or more experts to report to
it on specific issues to be determined by the arbitral tribunal;
b. require a party to give the expert any
relevant information or to produce, or to provide access to, any
relevant documents, goods or other property for inspection by the
2. The arbitral tribunal shall communicate
the expert's terms of reference to the parties.
3. Any dispute between a party and the expert
as to the relevance of the required information or production of it
shall be referred to the arbitral tribunal for decision.
4. 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.
5. The expert shall, on the request of a
a. make available to that party for
examination all documents, goods or other property in the expert's
possession with which the expert was provided in order to prepare
the report; and
b. provide that party with
i. a list of all documents, goods or other
property not in the expert's possession, but which were provided to
the expert in order to prepare the report, and
ii. a description of the location of those
documents, goods or other property.
6. If a party so requests or if the arbitral
tribunal considers it necessary, the expert who has prepared and
delivered a written or oral report shall be present at an oral
hearing where the parties shall have the opportunity
a. to examine the expert; and
b. to present other expert witnesses in order
to testify on the points at issue.
7. Articles 26 and 27 apply to 29
MAKING OF ARBITRAL AWARD AND
TERMINATION OF PROCEEDINGS
Rules applicable to substance of
1. The arbitral tribunal shall decide the
dispute in accordance with the rules of law designated by the
parties as applicable to the substance of the dispute.
2. Any designation by the parties of the law
or legal system 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. Failing any designation of the law under
(1) by the parties, the arbitral tribunal shall apply the rules of
law it considers to be appropriate given all the circumstances
surrounding the dispute.
4. The arbitral tribunal shall decide ex
aequo et bono or as amiable compositeur if the
parties have expressly authorized it to do so.
5. 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
1. The arbitral tribunal may close the
a. the parties, on inquiry, have advised that
they have no further evidence to give or submissions to be made;
b. subject to Article 19(1), the arbitral
tribunal considers further hearings to be unnecessary or
2. In exceptional circumstances and on its
own motion or on an application of a party, the arbitral tribunal
may reopen the hearings at any time before the final arbitral award
1. Unless otherwise agreed by the parties, in
arbitral proceedings with more than one arbitrator, any decision of
the arbitral tribunal shall be made by a majority of all its
2. Notwithstanding (1), a presiding
arbitrator may decide questions of procedure.
1. If, during arbitral proceedings, the
parties settle the dispute, the arbitral tribunal shall terminate
the proceedings and, if requested by the parties and not objected
to by the arbitral tribunal, record the settlement in the form of
an arbitral award on agreed terms.
2. An arbitral award on agreed terms shall be
made in accordance with Article 34 and shall state that it is an
arbitral award on agreed terms.
3. An arbitral award on agreed terms has the
same status and effect as any other arbitral award on the substance
of the dispute.
Form and effect of
1. In addition to the final award, the
arbitral tribunal may make interim awards as well as partial final
2. An award shall be made in writing and
shall be signed by the members of the arbitral tribunal.
3. For the purposes of (2), in arbitral
proceedings with more than one arbitrator, the signatures of the
majority of all the members of the arbitral tribunal shall be
sufficient so long as the reason for any omitted signature is
4. An arbitral award shall state the reasons
upon which it is based, unless the award is an arbitral award on
agreed terms under Article 33.
5. An arbitral award shall state its date and
place of arbitration as determined under Article 20(1). Theaward
shall be deemed to have been made at that place.
6. After an arbitral award is made, a signed
copy shall be delivered to each party.
7. An arbitral award may award simple or
compoundinterest, including both pre-award interest and post award
interest payable until the date the award is satisfied. An award
shall be expressed in the currency or currencies determined
appropriate by the arbitral tribunal.
8. An arbitral award shall not be made public
except where disclosure is necessary for purposes of challenge,
implementation or enforcement of the award.
9. The parties undertake to carry out an
arbitral award without delay.
1. The arbitral proceedings are terminated by
the final arbitral award or by an order of the arbitral tribunal
under (2) or Article 28(1).
2. The arbitral tribunal shall issue an order
for the termination of the arbitral proceedings where
a. the claimant withdraws its claim, unless
the respondent objects to the order and the arbitral tribunal
recognizes a legitimate interest on its part in obtaining a final
resolution of the dispute;
b. the parties agree to the termination of
the proceedings; or
c. the arbitral tribunal finds that the
continuation of the proceedings has for any other reason become
unnecessary or impossible.
Correction and interpretation of
award / additional award
1. Within 30 days after receipt of the
arbitral award, a party may request the arbitral tribunal
a. correct in the arbitral award any
computation errors, any clerical or typographical errors or any
other errors of a similar nature; and
b. give an interpretation of a specific point
or part of the arbitral award.
2. If the arbitral tribunal considers the
request made under (1) to be justified, it shall make the
correction or give the interpretation within 30 days after receipt
of the request and the interpretation shall form part of the
3. The arbitral tribunal may correct any
error of the type referred to in (1)(a), on its own initiative,
within 30 days after the date of the arbitral award.
4. A party may request, within 30 days after
receipt of the arbitral award, the arbitral tribunal to make an
additional arbitral award as to claims presented in the arbitral
proceedings but omitted from the arbitral award.
5. If the arbitral tribunal considers the
request made under (4) to be justified, it shall make the
additional arbitral award within 60 days after receipt of the
6. The arbitral tribunal may extend, if
necessary, the period of time in which it shall make a correction,
give an interpretation or make an additional arbitral award under
(2) or (5).
7. Article 34 applies to a correction or
interpretation of the arbitral award or to an additional arbitral
award made under this Article.
1. In this Article "costs" means
a. the fees of the arbitral tribunal, to be
stated separately for each arbitrator;
b. the travel and other expenses incurred by
the arbitral tribunal, to be stated separately for each
c. the fees, travel and other expenses of the
expert(s) appointed by the arbitral tribunal;
d. the fees, travel and other expenses of
witnesses approved by the arbitral tribunal;
e. reasonable legal fees and expenses, as
determined by the arbitral tribunal, of the successful party where
they were claimed during the arbitral proceedings; and
f. any fees or charges of the Centre for
administering the arbitration or providing services to the arbitral
tribunal or the parties in connection with the arbitral
2. The arbitral tribunal shall fix the costs
of arbitration in its final arbitral award.
3. The fees of the arbitral tribunal shall be
reasonable in amount, taking into account the amount in dispute,
the complexity of the subject matter, the time spent by the
arbitrator(s), and any other relevant circumstances.
1. Subject to (2), the costs of arbitration
shall be borne by the unsuccessful party unless the arbitral
tribunal determines that it is appropriate, taking into account the
circumstances of the case, to apportion the costs between the
2. The arbitral tribunal shall determine
which party shall bear the costs referred to in Article 37(1)(e)
taking into account the circumstances of the case and may apportion
those costs between the parties if it is reasonable to do
Order for Costs
1. When the arbitral tribunal makes an order
for the termination of the arbitral proceedings or makes an
arbitral award on agreed terms, it shall fix the costs of the
arbitration in that order or award.
2. Where the Centre considers it reasonable
and justified in the circumstances, the arbitral tribunal may
charge additional fees for an order for interpretation, correction
or amendment of its arbitral award.
3. Articles 37 and 38 apply to the fees
charged under (2).
Deposit of costs
1. The arbitral tribunal may, at the time it
is constituted, require each party to deposit an equal amount as an
advance for the costs referred to in Article 37(1)(a), (b) (c) and
2. The arbitral tribunal may, from time to
time, require additional deposits from the parties.
3. Where a party so requests, the arbitral
tribunal shall fix the amounts of any deposits or additional
deposits only after consultation with the BCICAC which may make any
comments to the tribunal it considers appropriate concerning the
amount of those deposits and additional deposits.
4. If the required deposits are not paid in
full within 30 days after receipt of the request, the arbitral
tribunal or the BCICAC shall inform the parties in order that one
or other of the parties may make the required payment.
5. If the required payment is not made, the
arbitral tribunal may order the suspension or termination of the
6. On request, the Centre will hold any
deposits required under this Article.
7. The Centre may, from time to time, pay to
the arbitral tribunal from any deposit it holds under this Article
any amount it considers reasonable and appropriate for fees earned
or expenses incurred by the tribunal in the arbitral
8. After the final arbitral award has been
made, the Centre or the arbitral tribunal shall, in accordance with
the final award, apply any deposits it holds to the costs of the
proceedings, render an accounting to the parties of the deposits
received and applied and return any unexpended balance.