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The Cairo Centre's Rules of Arbitration


  • Rule 1

    a. Parties to a dispute wishing to utilize the arbitration facilities provided by the Cairo Regional.Centre for international Commercial Arbitration (hereinafter) referred to as "the Centre"), shall make a written request to the Centre's Director for this purpose. In this request, the claimant must provide evidence that the parties have entered into an agreement under which they had agreed to refer their disputes and differences for settlement by arbitration under the auspices of and in accordance with the rules of the Centre.

    b. Where parties to a contract have agreed in writing that disputes in relation to the contract shall be settled in accordance with the Centre's Rules of Arbitration, then such disputes shall be settled in accordance with the UNCITRAL Arbitration Rules subject to the modifications set forth in the present rules.

    c. Unless the parties have agreed otherwise, the rules applicable to the arbitration shall be those in force at the time of commencement of the arbitration.

    Rule 2

    a. The claimant shall file with the Director of the Centre a copy of the notice of arbitration served to the respondent.

    b. The parties shall also file with the Director of the Centre a copy of any other notice including a notification, communication or proposal concerning the arbitral proceedings.

    c. If the parties have agreed on an appointing authority other than the Centre, they shall inform the Director of the Centre with the name thereof.

    Rule 3

    a. Unless the parties have agreed otherwise or if the appointing authority designated refuses to act or fails to appoint the sole / presiding arbitrator within the specified time, the Centre shall be the appointing authority pursuant to the UNCITRAL Arbitration Rules and the present rules.

    b. Pursuant to article 6 or 7 (3) of the UNCITRAL Arbitration Rules and paragraph (1) of these rules, where the Centre is to appoint a sole arbitrator or the presiding arbitrator, the list of names to be communicated by the Centre to the parties shall be drawn from the International Panel of Arbitrators maintained by the Centre.

    c. Pursuant to article 7 (2)(a) of the UNCITRAL Arbitration Rules and paragraph (1) of this rule, where the Centre is to appoint the second arbitrator, the appointment shall be carried out from the International Panel of Arbitrators maintained by the Centre.

    Rule 4

    The Director of the Centre shall, at the request of the arbitral tribunal or either party, make available or arrange for such services as may be required, including finding suitable accommodation for non-resident arbitrators, providing secretarial assistance and translation.

    Rule 5

    a. The parties shall furnish to the Director of the Centre copies of the statement of claim, the statement of defence and any amendments thereto which they file with the arbitral tribunal.

    b. Unless the parties agree otherwise, the sole arbitrator or the presiding arbitrator shall, at the conclusion of the proceedings, furnish to the Director of the Centre a complete record of the proceedings.

    Rule 6

    The arbitral tribunal shall furnish to the Director of the Centre a signed copy of the award made in accordance with present rules, whether interim, interlocutory, partial or final. The Director of the Centre shall render all assistance in the filing or registration of the award as required by the law of the country where the award is made.

    Rule 7

    a. For the purpose of these rules, the term 'costs' as specified in Article (38) of the UNCITRAL Arbitration Rules shall also include the expenses reasonably incurred by the Centre in connection with the arbitration as well as its administrative charges in accordance with the annexed appendix.

    b. The facilities provided by the Centre may be charged for on the basis of comparable costs.

    c. The administrative charges of the Centre shall be estimated by the Director of the Centre according to the annexed appendix.

    d. In some cases due to the complexity of the dispute or the length of hearings, the Director of the Centre may undertake consultation with the arbitrator and the parties to adjust the basis of the assessment of fees and expenses.

    e. If the parties have designated an appointing authority other than the Centre, the fees and expenses of the appointing authority shall be estimated by the Director of the Centre in consultation with the appointing authority.

    Rule 8

    In lieu of the provisions of Article (41) of the UNCITRAL Arbitration Rules, the following provisions shall apply:

    a. The Director of the Centre shall prepare an estimate of the costs of arbitration and may request the parties to deposit equal advance payments.

    b. During the course of the arbitral proceedings, the Director of the Centre may request supplementary deposits from the parties.

    c. If the required deposits are not paid in full within thirty days after the receipt of the request, the Director of the Centre shall so inform the parties in order that one or another of them may make the required payment. If such payment is not made, the arbitral tribunal, after consultation with the Director of the Centre, may order the suspension or termination of the arbitral proceedings.

    d. The Director of the Centre may redirect supplementary funds towards coverage of the costs of arbitration.

    e. After the award has been made, the Director of the Centre shall render an accounting to parties of the deposits received and return any unexpended balance to the parties.

    UNCITRAL Arbitration Rules as amended

    Section 1.

    Introductory rules

    Scope of Application

    Article 1

    1. Where the parties to a contract have agreed in writing, i.e. to the above UNCITRAL Model Arbitration Clause, that disputes in relation to that contract shall be referred to arbitration under the Arbitration Rules of the Cairo Regional Centre for International Commercial Arbitration, then such disputes shall be settled in accordance with these Rules subject to such modification as the parties may agree in writing. Unless the parties agree otherwise, the following amended UNCITRAL Rules of Arbitration are effective as from January 1998.

    2. These Rules shall govern the arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.

    Notice, Calculation of Periods of Time

    Article 2

    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-known 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 day when a notice, notification, communication or proposal is received. If the last day of such period is an official holiday or a non-business day at the residence or place of residence of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period.

    Notice of Arbitration

    Article 3

    1. The party initiating recourse to arbitration (hereinafter called the `claimant') shall give to the other party (hereinafter the `respondent') a notice of arbitration.

    2. Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the respondent.

    3. The notice of arbitration shall include the following:

    a. A demand that the dispute be referred to arbitration;

    b. The names and addresses of the parties;

    c. A reference to the arbitration clause or the separate arbitration agreement that is invoked;

    d. A reference to the contract out of or in relation to which the dispute arises;

    e. The general nature of the claim and an indication of the amount involved, if any;

    f. The relief or remedy sought;

    g. A proposal as to the number of arbitrators (i.e. one or three), if the parties have not previously agreed thereon.

    4. The notice of arbitration may also include:

    a. The proposals for the appointments of a sole arbitrator and an appointing authority referred to in article 6, paragraph 1;

    b. The notification of the appointment of an arbitrator referred to in article 7;

    c. The statement of claim referred to in article 18.

    5. The respondent shall communicate his preliminary reply in writing to the notice of arbitration within thirty days of receiving the notice of arbitration including what he might have as a preliminary defence with reference and copies of the documents that may support his views. His statement may also include the name of the arbitrator he has appointed according to article 7.

    Representation and Assistance

    Article 4

    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 other party; such communication must specify whether the appointment is being made for purposes of representation or assistance.

    Section II.

    Composition of the Arbitral Tribunal

    Number of Arbitrators

    Article 5

    If the parties have not previously agreed on the number of arbitrators (i.e. one or three), and if within fifteen days after the receipt by the respondent of the notice of arbitration the parties have not agreed that there shall be only one arbitrator, three arbitrators shall be appointed.

    Appointment of Arbitrators (Articles 6 to 8)

    Article 6

    1. If a sole arbitrator is to be appointed, either party may propose to the other:

    (a) The names of one or more persons, one of whom would serve as the sole arbitrator; and

    (b) If no appointing authority has been agreed upon by the parties, the name or names of one or more institutions or persons, one of whom would serve as appointing authority.

    2. If within thirty days after receipt by a party of a proposal made in accordance with paragraph 1 the parties have not reached agreement on the choice of a sole arbitrator, the sole arbitrator shall be appointed by the appointing authority agreed upon by the parties. If no appointing authority has been agreed upon by the parties, or if the appointing authority agreed upon refuses to act or fails to appoint the arbitrator within thirty days of the receipt of a party's request thereof, either party may request the Centre to make such appointment using the list-procedure outlined below in No. 3

    The said period may be extended if compelling circumstances prevent from making this appointment in due time.

    3. The appointing authority shall, at the request of one of the parties, appoint the sole arbitrator as promptly as possible. In making the appointment the appointing authority shall use the following list-procedure, unless both parties agree that the list-procedure should not be used or unless the appointing authority determines in its discretion that the use of the list-procedure is not appropriate for the case:

    a) At the request of one of the parties the appointing authority shall communicate to both parties an identical list containing at least three names;

    b) Within fifteen days after the receipt of the list, each party may return the list to the appointing authority after having deleted the name or names to which he objects and numbered the remaining names on the list in the order of his preference;

    c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on 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 the procedure, the appointing authority may exercise its discretion in appointing the sole arbitrator.

    4. In making the appointment, the appointing authority shall have regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and shall take into account as well the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties.

    Article 7

    1. If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the tribunal.

    2. If within thirty days after the receipt of a party's notification of the appointment of an arbitrator the other party has not notified the first party of the arbitrator he has appointed:

    a) The first party may request the appointing authority previously designated by the parties to appoint the second arbitrator; or

    b) If no such authority has been previously designated by the parties, or if the appointing authority previously designated refuses to act or fails to appoint the arbitrator within thirty days after the receipt of a party's request therefore, the first party may request the Director of the Centre to designate the appointing authority.

    The first party may then request the appointing authority so designated to appoint the second arbitrator. In either case, the appointing authority may exercise its discretion in appointing the arbitrator.

    3. If within thirty days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by an appointing authority in the same way as a sole arbitrator would be appointed under article (6).

    Article 8

    1. When an appointing authority is requested to appoint an arbitrator pursuant to article 6 or article 7, the party which makes the request shall send to the appointing authority a copy of the notice of arbitration, a copy of the contract out of or in relation to which the dispute has arisen and a copy of the arbitration agreement if it is not contained in the contract. The appointing authority may require from either party such information as it deems necessary to fulfill its function.

    2. Where the names of one more persons are proposed for appointment as arbitrators, their full names, addresses and nationalities shall be indicated, together with a description of their qualifications.

    Article 8 (Bis)

    In multi-party arbitration and where there are two or more claimants or two or more respondents, the parties may agree on the number and the means of appointing arbitrators. If this agreement is not realized within forty five days from the date of notifying them by the claim of arbitration, the Centre will appoint all the arbitrators upon request of any of the parties. In this case the Centre shall also designate one of the appointed arbitrators to act as chairman.

    Article 8 (Bis 1)

    Ex parte communications with any arbitrator or with any candidate for appointment as party appointed arbitrator shall be limited to the general nature of the dispute, the anticipated proceedings, the candidate's qualifications, availability, independence and the suitability of candidates for selection as presiding arbitrator if parties are authorized to participate in his selection.

    Challenge of Arbitrators (Articles 9 to 12)

    Article 9

    A prospective arbitrator shall disclose to those who approach him in connection with his possible appointment any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, once appointed or chosen, shall disclose such circumstances to the parties unless they have already been informed by him of these circumstances.

    Article 10

    1. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence.

    2. A party may challenge the arbitrator appointed by him only for reasons of which he becomes aware after the appointment has been made.

    Article 11

    1. A party who intends to challenge an arbitrator shall send notice of his challenge within fifteen days after the appointment of the challenged arbitrator has been notified to the challenging party or within fifteen days after the circumstances mentioned in articles 9 and 10 became known to that party.

    2. The challenge shall be notified to the other party, to the arbitrator who is challenged and to the other members of the arbitral tribunal. The notification shall be in writing and shall state the reasons for the challenge.

    3. When an arbitrator has been challenged by one party, the other party may agree to 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. In both cases the procedure provided in articles 6 or 7 shall be used in full for the appointment of the substitute arbitrator, even if during the process of appointing the challenged arbitrator a party had failed to exercise his right to appoint or to participate in the appointment.

    Article 12

    1. If the other party does not agree to the challenge and the challenged arbitrator does not withdraw, the decision on the challenge will be made:

    a) When the initial appointment was made by an appointing authority, by that authority;

    b) When the initial appointment was not made by an appointing authority, but an appointing authority has been previously designated, by that authority;

    c) In all other cases, by the appointing authority to be designated in accordance with the procedure for designating an appointing authority as provided for in article 6.

    2. If the appointing authority sustains the challenge, a substitute arbitrator shall be appointed or chosen pursuant to the procedure applicable to the appointment or choice of an arbitrator as provided in articles 6 to 9 except that, when this procedure would call for the designation of an appointing authority, the appointment of the arbitrator shall be made by the appointing authority which decided on the challenge.

    Replacement of an Arbitrator

    Article 13

    1. In the event of the death or resignation of an arbitrator during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in articles 6 to 9 that was applicable to the appointment or choice of the arbitrator being replaced.

    2. In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility of his performing his functions, the procedure in respect of the challenge and replacement of an arbitrator as provided in the preceding articles shall apply.

    Repetition of Hearings in the Event of the Replacement of an Arbitrator

    Article 14

    If under articles 11 to 13 the sole or presiding arbitrator is replaced, 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

    General Provisions

    Article 15

    1. Subject to these rules, the arbitral tribunal may conduct the arbitration in such 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.

    The arbitral tribunal may request the Centre to prepare with the parties a draft of terms of reference including all the necessary details for its consideration. It may also conduct a preliminary meeting to sign the terms of reference and to organize and schedule the subsequent proceedings with a view of expediting the resolution of the dispute.

    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 expert witnesses, or for oral argument. 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 basis of documents and other materials.

    3. All documents or information supplied to the arbitral tribunal by one party shall at the same time be communicated by that party to the other party.

    Place of Arbitration

    Article 16

    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 arbitration.

    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, other property or documents. The parties shall be given sufficient notice to enable them to be present at such inspection.

    4. The award shall be made at the place of arbitration.

    Language

    Article 17

    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 defence, 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 defence, 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

    Article 18

    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 respondent and to each of the arbitrators. A copy of the contract, and of the arbitration agreement if not contained in the contract, shall be annexed thereto.

    2. The statement of claim shall include the following particulars:

    a) The names and addresses of the parties;

    b) A statement of the facts supporting the claim;

    c) The points at issue.

    d) The relief or remedy .

    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 submit.

    Statement of Defence

    Article 19

    1. Within a period of time to be determined by the arbitral tribunal, the respondent shall communicate his statement of defence in writing to the claimant and to each of the arbitrators.

    2. The statement of defence shall reply to the particulars (b), (c) and (d) of the statement of claim (article 18, para. 2). The respondent may annex to his statement the documents on which he relies for his defence or may add a reference to the documents or other evidence he will submit.

    3. In his statement of defence, or at a later stage in the arbitral proceedings 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 rely on a claim arising out of the same contract for the purpose of a set-off.

    4. The provisions of article 18, paragraph 2, shall apply to a counter-claim and a claim relied on for the purpose of a set-off.

    Amendments to the Claim or Defence

    Article 20

    During the course of the arbitral proceedings either party may amend or supplement his claim or defence unless the arbitral tribunal considers it inappropriate to allow such amendments having regard to the delay in making it or prejudice to the other party or any other circumstances. However, 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.

    Pleas as to the Jurisdiction of the Arbitral Tribunal

    Article 21

    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 or validity of the arbitration clause or of the separate arbitration agreement.

    2. The arbitral tribunal shall have the power to determine the existence or the validity of the contract of which an arbitration clause forms a part. For the purposes of article 21, an arbitration clause 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 arbitration clause.

    3. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than in the statement of defence or, with respect to a counter-claim, in the reply to the counter-claim.

    4. In general, the arbitral tribunal should rule on a plea concerning its jurisdiction as a preliminary question. However, the arbitral tribunal may proceed with the arbitration and rule on such a plea in their final award.

    Further Written Statements

    Article 22

    The arbitral tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defence, 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

    Article 23

    The periods of time fixed by the arbitral tribunal for the communication of written statements (including the statement of claim and statement of defence) should not exceed forty-five days. However, the arbitral tribunal may extend the time-limit if it concludes that an extension is justified.

    Evidence and Hearings (Articles 24 and 25)

    Article 24

    1. Each party shall have the burden of proving the facts relied on to support his claim or defence.

    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 which that party intends to present in support of the facts in issue set out in his statement of claim or statement of defence.

    3. At any time during the arbitral proceedings the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a period of time as the tribunal shall determine.

    Article 25

    1. In the event of an oral hearing, the arbitral tribunal shall give the parties adequate advance notice of the date, time and place thereof.

    2. If witnesses are to be heard, at least fifteen 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 and the languages in which such witnesses will give their testimony.

    3. The arbitral tribunal shall make arrangements for the translation of oral statement made at a 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 fifteen 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 statement signed by them.

    6. The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered.

    Interim Measures of Protection

    Article 26

    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 perishable goods.

    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 not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.

    Experts

    Article 27

    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 parties.

    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. A party 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 a 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 25 shall be applicable to such proceedings.

    Default

    Article 28

    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 the termination of the arbitral proceedings. If, within the period of time fixed by the arbitral tribunal, the respondent has failed to communicate his statement of defence without showing sufficient cause for such failure, the arbitral tribunal shall order that the proceedings continue.

    2. If one of t he parties, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.

    3. If one of the parties, duly invited to produce documentary evidence, 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 Hearings

    Article 29

    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 closed.

    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 of Rules

    Article 30

    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 promptly stating his objection to such non-compliance, shall be deemed to have waived his right to object.

    Section IV.

    The Award

    Decisions

    Article 31

    1. When there are three arbitrators, any award or other decision of the arbitral tribunal shall be made by a majority of the arbitrators.

    2. In the case of questions of procedure, 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 Effect of the Award

    Article 32

    1. In addition to making a final award, the arbitral tribunal shall be entitled to make interim, interlocutory, or partial awards.

    2. The award shall be made in writing and shall be final and binding to 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. An award shall be signed by the arbitrators and it shall contain the date on which and the place where the award was made. Where there are three arbitrators and one of them fails to sign, the award shall state the reason for the absence of the signature.

    5. The award may be made public only with the consent of both parties.

    6. Copies of the award signed by the arbitrators shall be communicated to the parties by the arbitral tribunal.

    7. If the arbitration law of the country where the award is made requires that the award be filed or registered by the arbitral tribunal, the tribunal shall comply with this requirement within the period of time required by law.

    Applicable Law, Amiable Compositeur

    Article 33

    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 determined by the conflict of laws rules which it considers applicable.

    2. The arbitral tribunal shall decide as amiable compositeur or 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

    Article 34

    1. If, before the award is made, the parties agree on a 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 the settlement in the form of an arbitral award on agreed terms. The arbitral tribunal is not obliged to give reasons for such an award.

    2. If, before the award is made, the continuation of the arbitral proceedings becomes unnecessary or impossible for any reason not mentioned in paragraph 1, the arbitral tribunal shall inform the parties of its intention to issue an order for the termination of the proceedings. The arbitral tribunal shall have the power to issue such an order unless a party raises justifiable grounds for objection.

    3. Copies of the order for termination of the arbitral proceedings or of the arbitral award on agreed terms, signed by the arbitrators, shall be communicated by the arbitral tribunal to the parties. Where an arbitral award on agreed terms is made, the provisions of article 32, paragraphs 2 and 4 to 7, shall apply.

    Interpretation of the Award

    Article 35

    1. Within thirty days after the receipt of the award, either party, with notice to the other party, may request that the arbitral tribunal give an interpretation of the award.

    2. The interpretation shall be given in writing within forty-five days after the receipt of the request. The interpretation shall form part of the award and the provisions of article 32, paragraphs 2 to 7, shall apply.

    Correction of the Award

    Article 36

    1. Within thirty days after the receipt of the award, either party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical 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 in writing, and the provisions of article 32, paragraphs 2 to 7 shall apply.

    Additional Award

    Article 37

    1. Within thirty days after the receipt of the award, either party, with notice to the other party, may request the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award.

    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 evidence, it shall complete its award within sixty days after the receipt of the request.

    3. When an additional award is made, the provisions of article 32, paragraphs 2 to 7, shall apply.

    Costs (Articles 38 and 39)

    Article 38

    1. For the purpose of these rules, the term "costs" as specified in article (38) of the UNCITRAL Arbitration Rules shall also include the expenses reasonably incurred by the Centre in connection with the arbitration as well as its administrative charges in accordance with the table of expenses.

    2. The facilities provided by the Centre may be charged for on the basis of comparable cost.

    3. The administrative charges of the Centre shall be estimated by the director of the Centre according to the table of expenses.

    4. In some cases due to the complexity of the dispute or the length of hearing, the director of the Centre may undertake consultation with the arbitrators and the parties to adjust the basis of the assessment of fees and expenses.

    5. If the parties have designated an appointing authority other than the Centre, the fees and expenses of the appointing authority shall be estimated by the director of the Centre in consultation with the appointing authority.

    Article 39

    In lieu of the provisions of article (41) of the UNCITRAL Arbitration Rules, the following provisions shall apply:

    1. The director of the Centre shall prepare an estimate of the costs of arbitration and may request the parties to deposit equal advance payments.

    2. During the course of arbitral proceedings, the director of the Centre may request supplementary deposits from the parties.

    3. If the required deposits are not paid in full within thirty days after the receipt of the request, the director of the Centre shall inform the parties in order that one or another of them may make the required payment. If such payment is not made, the arbitral tribunal, after consultation with the director of the Centre, may order the suspension or termination of the arbitral proceedings.

    4. The director of the Centre may redirect supplementary funds towards coverage of the costs of arbitration.

    5. After the award has been made, the director of the Centre shall render an accounting to the parties of the deposits received and return any unexpended balance to the parties.

    Exclusion of Liability

    Article 40

    Neither the arbitrators, nor the Centre and its members of the board nor its staff shall be liable to any person for act or omission in connection with any means of settling disputes.

    International Panel of Arbitrators and Experts

    The panel of arbitrators and experts maintained by the Centre includes eminent personalities from all around the globe. Various specializations are represented in the Centre's panel which allow the parties a wide scope to choose their arbitrator according to the nature of the dispute. It is worth noting here that the number of arbitrators listed in the Centre's panel exceeds 550 international arbitrators and experts.

    Appendix

    Costs of Arbitration

    The Centre is a non-profit making institution which renders services at their actual costs. Costs are kept as low as possible to contribute to international trade and investment. The costs of arbitration incurred by the parties is decided upon by the arbitral tribunal, comprising the following:

    a) The arbitrators' fees and the expenses reasonably incurred by the Centre, all in accordance with its rules. Half of the said expenses is paid in advance by each party until the tribunal renders a decision in this respect.

    b) Expertise charges, should any be requested.

    c) Other miscellaneous administrative expenses, such as arbitrators' travel and accommodation expenses and translation fees.

    1 - Registration Fees:

    An amount of US$ 500 (five hundred American Dollars) as registration fees shall be paid by the two arbitrated parties to the Cairo Regional Centre for International Commercial Arbitration upon submission of the arbitration request.

    2 - Administrative Charges

    The administrative charges are determined as a percentage of the subject matter. The percentages applied to each successive slice of the sum under dispute are to be accumulated. The arbitration costs are to be paid to the Cairo Centre in American Dollars after being calculated according to the values listed in table
    (1).

    Table (1)

    Administrative Fees


    Value of Dispute (in U.S. $)
    Percentage
    Remarks
    up to $ 100000
    2%
    With a minimum of $1000 and a maximum of $15000 for each case.
    100001 -- 500000
    00.50%
     
    500001 -- 1000000
    00.40%
     
    1000001 -- 2000000
    00.20%
     
    2000001 -- 5000000
    00.15%
     
    More than 5000000
    00.10%
     

    3 - Arbitrators' Fees

    The arbitrators' fees are also determined as a percentage value of the sum under dispute. The percentage applied to each successive slice of the subject matter are to be accumulated. The deposit is to be paid to the Cairo Centre in American Dollars after being calculated according to the amount shown in Table (2).

    Table (2)

    Arbitrators Fees

    Value of Dispute(in U.S$)
    Percentage
    Remarks
    up to $ 100000
    2%
    With the minimum of $2000 and a maximum of $25000 for each arbitrator or each member of the arbitral tribunal.
    100001 -- 500000
    1%
     
    500001 -- 1000000
    00.50%
     
    1000001 -- 2000000
    00.40%
     
    2000001 -- 5000000
    00.10%
     
    More than 5000000
    00.10%