Chapter One
General Provisions
Article 1. The Arbitration Center of Mexico
- The Arbitration Center of Mexico (hereinafter referred to as
the CAM) is a private institution whose function is to provide
services for the administration of commercial arbitration in
accordance with the following Rules.
- The CAM exercises its functions through a General Council and
the Secretary General, in accordance with the present Rules and the
Internal Rules of the CAM contained in Appendix I.
Article 2. Definitions
In these Rules:
- "Claimant", shall designate the Claimant Party which may
include one or more claimants;
- "CAM", shall designate the Arbitration Center of Mexico;
- "Communications", shall be those which are made in writing by
the entities of the CAM or the Arbitral Tribunal;
- "General Council", shall designate the General Council of the
CAM;
- "Answer", shall designate the Answer to the Request for
Arbitration and its annexes, or the Answer to the
Counterclaim;
- "Request", shall designate the Request for Arbitration and its
annexes;
- "Respondent", shall designate the Respondent Party which may
include one or more respondents;
- "Award", shall designate an interim, partial or final award, as
the case may be ;
- "Rules" or "CAM Rules", shall refer to these Rules of
Arbitration of the Arbitration Center of Mexico;
- "Secretary General ", shall designate the Secretary General of
the CAM;
- "Arbitral Tribunal", shall refer to the entity in charge of
resolving the dispute submitted to arbitration proceedings, which
can be composed of one or three persons.
Article 3. Written submissions
All written submissions of the parties are to be delivered
directly or by any means of telecommunication, subject to their
subsequent ratification by mail. The parties shall always supply
the number of copies of their written submissions, as well as all
documents annexed thereto, sufficient to provide one copy for each
party, one for each arbitrator, and one for the Secretary General.
A copy of any communication from the Arbitral Tribunal to the
parties shall be sent to the Secretary General.
Article 4. Notifications
- Unless otherwise provided for, all written communications shall
be deemed to have been validly made if they are delivered
personally or at the establishment, normal residence or postal
address of the addressee; in the event that, after a reasonable
research, the address of any such location has not been found, all
written communications shall be deemed to have been validly made if
delivered at the last known establishment, normal residence or
postal address of the addressee, by certified mail or any other
means that provides a record of the delivery thereof.
- The communication shall be deemed to have been received on the
day when such delivery was effected.
Article 5. Time Limits
Time limits fixed by the present Rules or the Secretary General
shall start to run on the day following the date a notification,
note, communication or proposal is deemed to have been received.
When the last day of such time limit is an official holiday or a
non business day in the place of residence or establishment of
business of the addressee, such time limit shall be extended to the
next business day. All other official holidays and non business
days during the time limit shall be included in the calculation of
the said period of time.
Chapter Two
Commencing the Arbitration
Article 6. Request for Arbitration
- A party wishing to have recourse to arbitration under these
Rules shall submit its Request to the Secretary General. He shall
notify the Claimant and Respondent Parties of the receipt of the
Request and the date of such receipt.
- The date when the Request is received by the Secretary General
shall, for all purposes, be deemed to be the date of commencement
of the arbitral proceedings.
- The Request shall, at least, contain the following
information:
- names in full and addresses of each of the parties;
- a description of the facts and legal circumstances of the
dispute giving rise to the claims of the Claimant;
- a statement of the relief sought by the Claimant including, to
the extent possible, an indication of the amounts claimed;
- the Claimant's comments concerning the number of arbitrators in
accordance with the provisions of articles 14 and 15, and any
nomination of an arbitrator required thereby; and
- a proposal as to the place of arbitration, the applicable rules
of law and the language of the arbitration.
- Shall be annexed to the Request a copy of the arbitration
agreement and the contract or document serving as basis to the
action.
- The Claimant shall make the advance payment referred to in
article 37.
Article 7. Joinder of proceedings
- When a matter is submitted which has a connection with a legal
relationship in respect of which arbitration proceedings are
already pending under the CAM, the parties may request the
Secretary General to join the proceedings, provided that the Terms
of Reference have not yet been signed by the parties or approved by
the General Council in neither of the matters.
- When one of the parties is different, there shall be joinder
only with the agreement of all the interested parties, provided
that the Terms of Reference have not yet been signed by the parties
or approved by the General Council in neither of the matters.
- Once the Terms of Reference have been signed or approved in
either of the two matters, only the Arbitral Tribunal of the first
of the matters submitted may decide the joinder, provided that one
of the parties requests it and all the other parties agree.
Article 8. Notification of the Request for Arbitration
Once the number of copies referred to in article 3 have been
received, and the payment referred to in article 6.5 has been
effectuated, the Secretary General shall send the Request to the
Respondent.
Article 9. Answer to the Request for Arbitration
- Within 30 days from the receipt of the Request from the
Secretary General, the Respondent shall file an Answer, which shall
contain, at least, the following information:
- the name in full and address of the Respondent;
- its comments as to the facts or legal circumstances of the
dispute giving rise to the claims of the Claimant;
- its comments concerning the number of arbitrators and their
choice in light of the Claimant's proposals and in accordance with
the provisions of articles 14 and 15 and any nomination of an
arbitrator required thereby; and,
- its comments as to the place of arbitration, the applicable
rules of law and the language of the arbitration.
- The Respondent shall supply the number of copies of the Answer
specified in article 3.
- In its Answer, the Respondent may file a counterclaim. The
counterclaim shall contain the same information as the Request, and
a Reply must be filed by the Claimant within 15 days from the date
of receipt the counterclaim by the Claimant.
Article 10. Notification of the Answer to the Request for
Arbitration
The Secretary General shall communicate the Answer to the
Claimant.
Article 11. Autonomy of the Arbitration Agreement
The Arbitral Tribunal shall not cease to have jurisdiction by
reason of any claim that the contract or agreement is null and void
or allegation that it is non-existent provided that it upholds the
validity of the arbitration agreement. The Arbitral Tribunal shall
continue to have jurisdiction to determine the respective rights of
the parties and to adjudicate upon their claims and pleas, even
though the contract itself may be non-existent or null and
void.
Article 12. Effect of the Arbitration Agreement
- When the parties have agreed to submit to arbitration under the
CAM, they shall be deemed to have submitted by that only fact to
the provisions of these Rules.
- If any of the parties refuses or fails to take part in the
arbitration proceedings, the arbitration shall proceed
notwithstanding such refusal or failure.
- If the Respondent does not file an Answer pursuant to article 9
or if any party raises one or more pleas concerning the existence,
validity or scope of the arbitration agreement, the General Council
may decide that the arbitration shall proceed if it considers that,
prima facie, an arbitration agreement referring to the Rules of
Arbitration of the CAM exists. The decision of the General Council
is without prejudice to the admissibility or merits of the pleas
leaving it to the Arbitral Tribunal to decide on its own
jurisdiction.
- If the Respondent does not file an Answer pursuant to article 9
or if any party raises one or more pleas concerning the existence,
validity or scope of the arbitration agreement and the General
Council does not consider that, prima facie, an arbitration
agreement referring to the Rules of Arbitration of the CAM exists,
the Secretary General shall notify the parties that the arbitration
cannot proceed. In such a case, the parties retain the right to ask
any court having jurisdiction whether or not there is a binding
arbitration agreement.
Chapter Three
The Arbitral Tribunal
Article 13. General Provisions
- Every arbitrator must be and remain independent of the
parties.
- Before appointment or confirmation by the General Council or
the Secretary General, the prospective arbitrator shall sign a
statement of independence and shall disclose in writing to the
Secretary General any facts or circumstances which might be of such
nature as to call into question his independence in the eyes of the
parties. The Secretary General shall provide such information to
the parties, fixing a time limit of 5 days for any comments
thereon.
- The arbitrators shall immediately disclose in writing to the
Secretary General and to the parties, any facts or circumstances
which might be of such nature as to call into question their
independence in the eyes of the parties, arising during the
arbitration proceedings.
- The decisions of the General Council or the Secretary General
concerning the appointment, confirmation, challenge or replacement
of arbitrators shall be final. The reasons for such decisions shall
not be communicated to the parties or the arbitrators.
- The persons who accept to be designated as arbitrators in
matters submitted to the CAM, undertake to carry out their
responsibilities in accordance with these Rules until the total
fulfillment of their functions.
- Insofar as it has not been provided otherwise, the Arbitral
Tribunal shall be constituted in accordance with the provisions of
articles 14 and 15.
Article 14. Number and Appointment of Arbitrators
- The disputes submitted to the CAM shall be decided by a sole
arbitrator or by three arbitrators.
- Where the parties have not agreed on the number of arbitrators,
the dispute shall be submitted to a sole arbitrator.
- When the dispute is submitted to a sole arbitrator:
- the parties may designate him by common agreement; or
- if the parties fail to nominate the sole arbitrator within 30
days from the date when the Request notified by the Secretary
General has been received by the Respondent, the sole arbitrator
shall be appointed by the General Council.
- Where the parties have agreed that the dispute shall be
referred to three arbitrators:
- each party shall nominate one in the Request and in the Answer;
respectively;
- if a party fails to effectuate the nomination referred to in
the previous point, the appointment shall be made by the General
Council;
- unless provided for otherwise, the third arbitrator shall be
appointed by the General Council. If the third arbitrator is not
designated in conformity with the procedure selected by the parties
in the time-limit fixed by themselves or granted by the Secretary
General, he shall be appointed by the General Council;
- if the third arbitrator is designated in conformity with the
procedure selected by the parties, the Secretary General shall
confirm such designation; and
- the third arbitrator shall act as chairman of the Arbitral
Tribunal.
Article 15. Confirmation of Arbitrators
- The Secretary General shall confirm the members of the Arbitral
Tribunal designated by the parties or in conformity with the
procedure selected by them, provided that the arbitrator has filed
a statement of independence that has not given rise to
objections.
- If, in the exercise of his functions as described in the
previous paragraph, the Secretary General considers that a member
of the Arbitral Tribunal should not be confirmed, the matter shall
be submitted to the decision of the General Council.
Article 16. Multiple Parties
- When there are multiple parties in the arbitration proceedings,
whether as Claimants or as Respondents, and the dispute is to be
referred to three arbitrators, the multiple Claimants, jointly, and
the multiple Respondents, jointly, shall nominate an arbitrator for
confirmation by the Secretary General.
- If a joint nomination as mentioned in the previous paragraph is
not possible and the parties do not agree upon a method for the
constitution of the Arbitral Tribunal, the General Council shall
appoint the three members of the Arbitral Tribunal and shall
designate one of them to act as chairman.
Article 17. Challenge of arbitrators
- A challenge of an arbitrator, whether for an alleged lack of
independence or otherwise, shall be made by submission to the
Secretary General. This written statement must specify the facts
and circumstances on which it is based.
- In order to be admissible the written challenge must be
presented:
- within the 10 days following the date of notification by the
Secretary General to the party initiating the challenge of the
nomination or confirmation of the respective arbitrator; or
- when such date is subsequent to the one established in the
previous point, within 10 days following the date on which he was
informed of the facts and circumstances on which the challenge is
based.
- Upon receipt of the written challenge, the Secretary General
shall grant to the parties a suitable time limit to comment. Once
such time limit expires, the Secretary General shall submit the
matter to the General Council so that it resolves the matter within
a brief time period.
Article 18. Replacement of Arbitrators
- An arbitrator shall be replaced:
- upon his death;
- upon acceptance by the General Council of his resignation;
- upon acceptance by the General Council of a challenge;
- upon request of the Claimant and Respondent; and
- when the General Council decides that for any reason he is not
fulfilling his functions or is prevented from fulfilling his
functions in accordance with these Rules.
- The General Council shall decide on the matter mentioned in
point (e) of the previous paragraph once the Secretary General has
communicated the relevant information in writing to the arbitrator
concerned, the parties and the other members of the Arbitral
Tribunal, granting them an opportunity to comment in writing within
a suitable time limit.
- When an arbitrator is to be replaced, the General Council is
not bound to follow the original nominating process to appoint the
arbitrator. Once reconstituted, and after having noted the comments
from the parties, the Arbitral Tribunal shall determine if and to
what extent prior proceedings shall be repeated.
Chapter Four
The Arbitration Proceedings
Article 19. Transmission of the File to the Arbitral
Tribunal
Once the Arbitral Tribunal constituted, the Secretary General
shall transmit the file to it, provided the deposit to cover the
arbitration expenses requested at this stage of the proceedings
pursuant to article 38 has been paid.
Article 20. Place of Arbitration
- The Secretary General shall fix the place of arbitration unless
it has been agreed upon by the parties.
- After consultation with the parties, and unless otherwise
agreed by the parties, the Arbitral Tribunal may conduct meetings
and hearings in any location.
- The Arbitral Tribunal may deliberate at any location and in any
manner which it determines.
Article 21. Rules Governing the Proceedings
- The arbitration proceedings shall be governed by these Rules
and, where these Rules are silent, any rules which the parties or,
failing them, the Arbitral Tribunal may settle.
- Notwithstanding the above, and in all cases, the Arbitral
Tribunal shall act impartially, and ensure that each party has a
reasonable opportunity to present its case.
Article 22. Language of the Arbitration
- The arbitration procedure shall be held in the language agreed
upon by the parties.
- In the absence of an agreement between the parties, the
Arbitral Tribunal shall determine the language of the arbitration,
due regard being given to all relevant circumstances, and, in
particular, the language of the contract. As long as the Arbitral
Tribunal has not determined the language, the parties may present
their submissions in the language of their choice, annexing a
translation in Spanish or in English.
Article 23: Applicable Rules of Law
- The parties shall be free to agree upon the rules of law to be
applied by the Arbitral Tribunal to the merits of the dispute. In
the absence of any such agreement, the Arbitral Tribunal shall
apply the rules of law that it determines to be appropriate.
- In all cases, the Arbitral Tribunal shall take into
consideration the provisions of the contract and the trade
usages.
- The Arbitral Tribunal shall assume the powers of an amiable
compositeur when the parties have agreed expressly to give it such
powers.
Article 24. Terms of Reference
- As soon as it has received the file, the Arbitral Tribunal
shall draw up, on the basis of the written submissions of the
parties, a document defining its mission. The Terms of Reference
must include:
- the full names of the parties;
- the addresses of the parties to which notifications arising in
the course of the arbitration may be made;
- a summary of the parties' respective claims, including an
indication, to the extent possible, of the amounts claimed;
- a list of the issues to be determined;
- the full names and addresses of the arbitrators;
- the place of arbitration; and
- particulars of the applicable procedural rules and, if such is
the case, reference to the powers of amiable compositeur of the
arbitrator.
- Within 30 days of the date of receipt of the file, the Arbitral
Tribunal shall transmit to the Secretary General the Terms of
Reference signed by the parties and the Arbitral Tribunal. The
Secretary General may extend such time limit if he deems it
necessary to do so or pursuant to a reasoned request from the
Arbitral Tribunal.
- If one of the parties refuses to sign the Terms of Reference,
the Arbitral Tribunal shall submit it to the General Council for
approval. The arbitration proceedings shall proceed if the General
Council approves the Terms of Reference.
- Once the Terms of Reference has been signed or approved, and
after having consulted the parties, the Arbitral Tribunal shall
establish a provisional procedural calendar that it will notify to
the parties and the Secretary General. Any subsequent modification
to the said procedural calendar must be notified to the Secretary
General and the parties.
Article 25. New Claims
- Once the Terms of Reference signed or approved, the parties may
only make new claims which fall outside the limits of the said
Terms of Reference, when authorized to do so by the Arbitral
Tribunal.
- To give the authorization referred to in the previous
paragraph, the Arbitral Tribunal shall take into consideration the
nature of the new claims, the stage of the arbitration at which
they were presented and other relevant circumstances.
Article 26. Establishing the Facts of the Case
- The Arbitral Tribunal shall proceed within as short a time as
possible to establish the facts of the case by all appropriate
means.
- The arbitrator may decide the case solely based on the written
submissions and on the documents presented by the parties, unless
one of them requests a hearing.
Article 27. Representation of the Parties
The parties may be represented or counseled by persons of their
choice. The Arbitral Tribunal shall consider to be representatives
of the parties those persons designated by them in writing before
the Secretary General or the Arbitral Tribunal, whichever the case
may be.
Article 28. Hearings
- When a hearing is to be held, the Arbitral Tribunal shall
summon the parties to appear before it indicating the place, day
and time, informing the Secretary General of the same.
- If any of the parties, although duly summoned, fails to appear
without valid excuse, the Arbitral Tribunal shall have the power to
proceed with the hearing.
- The Arbitral Tribunal shall be in full charge of the hearings,
to which persons not involved in the proceedings shall not be
admitted save with the approval of the parties and the Arbitral
Tribunal.
Article 29. Closing of the Proceedings
- The Arbitral Tribunal shall declare the proceedings closed once
the parties have had a reasonable opportunity to produce their
evidence and make their arguments. Thereafter, the parties may not
make any further arguments nor produce any additional evidence,
unless requested or authorized expressly by the Arbitral
Tribunal.
- When it has declared the proceedings closed, the Arbitral
Tribunal shall indicate to the Secretary General an approximate
date by which the draft award shall be sent. Any postponement of
that date shall be exceptional and shall be notified by the
Arbitral Tribunal to the Secretary General.
Article 30. Conservatory and Interim Measures
- Unless the parties have otherwise agreed, the Arbitral Tribunal
may order any interim or conservatory measure that it deems
appropriate, as long as the following conditions are complied
with:
- that the Arbitral Tribunal has received the file;
- that a party has requested it; and
- that the requesting party furnishes the security fixed by the
Arbitral Tribunal, in the case.
- The Arbitral Tribunal shall give any such measure the form of
either an order or an award.
- Even in the presence of an arbitration agreement, the parties
may, before the file is transmitted to the Arbitral Tribunal, and,
exceptionally, after such transmittal, apply to any competent
judicial authority for interim or conservatory measures. Any such
application, and any measures taken by the judicial authority, must
be notified without delay to the Secretary General, who shall
inform the Arbitral Tribunal.
Chapter Five
The Award
Article 31. Time limit to Render the Award
- The Arbitral Tribunal must render the award in a time limit of
4 months, which starts to run from the date of the last signature
of the Terms of Reference or, in the case referred to in article
24.3, from the date of notification by the Secretary General to the
Arbitral Tribunal of the approval of the Terms of Reference by the
General Council.
- The Secretary General may extend said time limit if he decides
it is necessary to do so or pursuant to reasoned request from the
Arbitral Tribunal.
Article 32. Making of the Award
- The award is given by a majority decision, when the Arbitral
Tribunal is composed of three arbitrators. If there be no majority,
the chairman of the Arbitral Tribunal shall render the award
alone.
- The arbitral award shall state the reasons upon which it is
based.
- The arbitral award shall be deemed to be made at the place of
the arbitration and on date stated therein.
Article 33. Award by Consent
If the parties reach a settlement after the file has been
transmitted to the Arbitral Tribunal, the settlement shall be
recorded in the form of an arbitral award if so requested by the
parties.
Article 34. Scrutiny of the Award
- Unless otherwise provided for by the parties, before signing
any award, the Arbitral Tribunal shall submit it in draft form to
the General Council. The General Council may lay down modifications
as to the form and, without affecting the Arbitral Tribunal's
liberty of decision, may also draw its attention to points of
substance.
- Unless otherwise provided for by the parties, the Arbitral
Tribunal shall not sign any arbitral award which has not been
approved by the General Council as to its form.
Article 35. Notification, Deposit and Enforceability of the
Award
- The Secretary General shall notify to the parties the award
signed by the Arbitral Tribunal, provided always that the deposit
to cover the arbitration expenses has been fully paid.
- The Secretary General can make available certified true copies
of the award to the parties or their representatives but to no one
else.
- Once the notification referred to in paragraph 1 of this
article has been made, the parties waive any other form of
notification or deposit on the part of the Arbitral Tribunal.
- The Secretary General shall keep one original of each award
rendered.
- Every arbitral award shall be binding on the parties. By
submitting the dispute to arbitration under the Rules of
Arbitration of the CAM, the parties undertake to carry out the
award rendered without delay, waiving expressly any appeal or any
equivalent form of recourse.
Article 36. Correction and Interpretation of the Award
- On its own initiative, the Arbitral Tribunal may correct any
clerical or computational error or any error of similar nature
contained in the award, provided such correction is submitted to
the General Council for approval within 15 days of the date of such
award.
- Within 15 days of the receipt of the award, a party may make an
application to the Secretary General to request the Arbitral
Tribunal to make a correction of the kind referred to in the
previous paragraph.
- The party requesting the correction must supply a copy of such
application to the Arbitral Tribunal and the other party in
accordance with article 3. The other party shall have a time limit
of 15 days from the receipt of the application to submit any
comments thereon.
- If the Arbitral Tribunal decides to correct or interpret the
award, it shall submit its decision in draft form to the General
Council no later than 15 days following the expiration of the time
limit referred to in the previous paragraph.
- The decision to correct or interpret the award shall take the
form of an addendum to the award and shall constitute a part of it.
The provisions of articles 32, 34 and 35 of these Rules shall apply
to it.
Chapter Six
Arbitration Expenses and Costs
Article 37. Advance on Administrative Expenses
- Each Request for Arbitration presented under these Rules must
be accompanied by an advance payment of the amount referred to in
the Scale of Arbitration Expenses established in Appendix ll,
constituting an advance on the administrative expenses of the
CAM.
- No Request shall be taken into consideration unless accompanied
by the said payment, which becomes the property of the CAM and is
non-refundable. Such payment shall be credited to the
administrative expenses fixed by the General Council at the end of
the proceedings in accordance with the Scale of Arbitration
Expenses established in the Appendix mentioned in the previous
paragraph.
Article 38. Deposit to Cover the Arbitration Expenses
- The Secretary General shall fix the amount of the deposit to
cover the arbitration expenses pursuant to the Scale of Arbitration
Expenses established in Appendix ll. The Secretary General shall
fix the amount of said deposit at his discretion where the sum in
dispute is not stated.
- The amount of the deposit fixed by the Secretary General to
cover the arbitration expenses may be subject to readjustment to
take into consideration fluctuations in the sum in dispute, changes
in the amount of the estimated expenses of the Arbitral Tribunal
and evolving difficulty or complexity of the proceedings.
- Where, apart from the principal claim, one or more
counterclaims are submitted, the Secretary General may fix a
deposit for the principal claim and another for the counterclaim or
counterclaims.
- The Claimant and the Respondent shall pay in equal shares the
deposit to cover the arbitration expenses. Should any party fall to
pay its share, the payment shall be made in whole by the other
party.
- When the Secretary General has set separate deposits for the
principal claims and counterclaims pursuant to paragraph 3, each
party shall pay in whole the deposit corresponding to its
claim.
- Pursuant to article 19, the Secretary General shall subject the
transmission of the file to the Arbitral Tribunal to the payment of
at least one half of the deposit fixed by the Secretary General.
When the Secretary General has fixed separate deposits for the
principal claims and counterclaims pursuant to paragraph 3, each
party shall pay, at this stage of the proceedings, half of the
deposit corresponding to it.
- Once the Terms of Reference signed or approved by the General
Council, the arbitration proceedings shall be suspended until the
balance of the deposit to cover the arbitration expenses has been
paid. When the Secretary General has fixed separate deposits
pursuant to paragraph 3, the Arbitral Tribunal shall proceed only
in respect of those principal claims or counterclaims in regard to
which the whole of the corresponding deposit has been paid.
Article 39. Expert Proceedings
- The Arbitral Tribunal shall request the parties to make payment
of the deposit to cover the expertise costs or proceedings of a
similar nature that the Arbitral Tribunal may order in an
arbitration proceeding. This deposit must be sufficient to cover
the estimated fees and expenses of the expert or the persons that
intervene.
- The deposit referred to in the previous paragraph shall be paid
by the parties, or one of them, before any expertise is
rendered.
Article 40. Costs of the Arbitration
- The costs of arbitration shall include:
- the arbitrators' fees and expenses;
- the administrative expenses of the CAM;
- as the case may be, the fees and expenses of the expert or
person intervening pursuant to article 39 by appointment of the
Arbitral Tribunal;
- the reasonable costs incurred by the parties in the defense of
their interests in the arbitration proceedings; and
- other reasonable costs incurred by the parties in the
arbitration proceedings.
- The General Council shall fix the amounts referred to in points
(a) and (b) of the previous paragraph. The General Council may fix
the fees of the arbitrators at a figure higher or lower than that
which would result from the application of the Scale of the
Arbitration Expenses established in Appendix ll, should this be
deemed necessary due to the circumstances of the case.
- In the final award, the Arbitral Tribunal must:
- fix the amounts referred to in points (c ), (d) and (e) of
paragraph 1 of the present article;
- incorporate the amounts fixed by the General Council pursuant
to the previous paragraph; and
- decide which of the parties shall bear the costs of the
arbitration or in what proportion they shall be borne by the
parties.
Chapter Seven
Final Provisions
Article 41. Waiver
A party who proceeds with the arbitration without raising its
objection without delay to a failure to comply with any provision
of these Rules, any other rule applicable to the proceedings, any
direction given by the Arbitral Tribunal or any requirement under
the arbitration agreement, shall be deemed to have convalidated the
proceedings, losing its right to object.
Article 42. Abbreviated Procedure
- The parties may agree to shorten the time limits set out in
these Rules. Any such agreement shall become effective only upon
the approval of the Arbitral Tribunal when entered into subsequent
to the constitution of the Arbitral Tribunal pursuant to Chapter
Three of these Rules.
- The Secretary General may, on its own initiative, extend any
time limit which has been modified pursuant to the previous
paragraph if he considers it necessary to do so in order that the
Arbitral Tribunal, the General Council and himself may fulfil their
responsibilities in accordance with these Rules.
Article 43. Exclusion of Liability of the CAM
Neither the CAM, nor its General Council nor its Secretary
General shall be liable for any act or omission in connection with
an arbitration proceeding conduced under its auspices.
Article 44. General Rule
In all matters not expressly provided for by these Rules, the
General Council, the Secretary General and the Arbitral Tribunal
shall act in the spirit of these Rules, making every effort to make
sure that the award is enforceable at law.
Article 45. Appendices
The Appendices of the present Rules are an integral part of the
Rules.
Appendix I:
Internal Rules of the Arbitration Center of Mexico
Article 1. Structure
- The CAM exercises its functions through a General Council and
the Secretary General.
- The General Council shall be composed of the number of members
determined by the Shareholders' Meeting of the CAM and shall be
assisted by a Secretary General appointed by the Board of Directors
of the CAM. The Secretary General will preside over the Secretariat
of the CAM.
- The Chairman of the General Council shall be the person
designated by its members from among themselves.
Article 2. Functions of the General Council
The General Council's functions pursuant to these Rules are:
- to verify the prima facie existence of the arbitration
agreement;
- to appoint, replace, and substitute arbitrators;
- to approve the Terms of Reference drafted by the Arbitral
Tribunal;
- to approve the award rendered by the Arbitral Tribunal;
- to approve the corrections and interpretation made to the
award;
- to fix the fees of the arbitrators and the administrative
expenses of the CAM; and
- any others which might be necessary for the fulfillment of its
obligations.
Article 3. Functions of the Secretary General
The Secretary General's functions pursuant to these Rules
are:
- to confirm arbitrators designated by the parties;
- to fix the place of arbitration;
- to extend the procedural time limits when the Rules allow
it;
- to fix the amount of the deposit to cover the arbitration
expenses;
- to readjust the amount of the deposit of to cover the
arbitration expenses;
- to suspend the proceedings;
- to certify true copies of the awards;
- to contribute to the carrying through of the arbitration
proceeding without delay;
- to interpret the Rules of Arbitration of the CAM; and
- any others which might be necessary for the fulfillment of his
obligations.
Article 4. Sessions of the General Council
- The General Council shall hold its sessions with the frequency
and on the date determined by its Chairman.
- In the absence of the Chairman, the member designated by him
shall preside the sessions of the General Council.
- The deliberations of the General Council shall be valid when at
least 3 of its members or substitutes are present.
- The decisions of the General Council are taken by a majority
vote, the Chairman having a casting vote in the event of a
tie.
Article 5. Confidentiality
- The confidential character of the activities of the General
Council shall be respected by all its members, by the Secretary
General and by all those who assist him.
- Shall only be present at the sessions of the General Council
its members, the Secretary General and the personnel of the
Secretariat of the CAM.
- Both the documents submitted to the CAM and those produced by
the Secretariat of the CAM shall be communicated exclusively to the
members of the General Council and the Secretary General.
- Under no circumstances shall the divulgation of the writings,
notes, communications and other documents presented by the parties
during the arbitration proceedings be authorized.
Article 6. Conflicts
- The members of the General Council, the Secretary General and
the members of the Secretariat of the CAM may not act as
arbitrators or as counsel in any cases submitted to CAM
arbitration.
- When the Chairman, any of the members of the General Council or
any of the members of the Secretariat of the CAM are involved, in
any capacity whatsoever, in proceedings pending before the CAM,
they must inform the Secretary General immediately. They must
refrain from participating in the discussions or decisions taking
place at the General Council concerning the proceedings and must be
absent from the session whenever the matter is considered. The
persons interested pursuant to the terms of this paragraph shall
not receive any information pertaining to the proceedings in
question.
Appendix II:
Arbitration Expenses
- Subject to article 40.2 of the Rules, the General Council shall
fix the fees of the arbitrators in accordance with the Scale of
Arbitration Expenses established in this Appendix, or at his
discretion where the sum in dispute is not stated.
- In setting the Arbitral Tribunal's fees, the General Council
shall take into consideration the diligence of the arbitrators, the
rapidity of the proceedings and the complexity of the dispute.
- Arbitrators' fees and expenses shall be fixed exclusively by
the General Council. Any fee arrangement between the parties and
the arbitrators is contrary to these Rules.
- When the parties agree to hold an arbitration proceeding in
abeyance, the Secretary General may require the payment of
administrative expenses in addition to those provided in article 37
of the CAM Rules.
- If the arbitration terminates before the rendering of a final
award, the General Council shall fix the costs of the arbitration
at its discretion. It shall take into consideration the stage
attained by the arbitration proceedings and any other relevant
circumstances.
- In the case of an application under article 36 of these Rules,
the General Council may request the parties to pay a deposit to
cover fees and expenses of the Arbitral Tribunal incurred during
the proceedings for correction and interpretation of the award.
This deposit shall be paid in full before the Arbitral Tribunal may
proceed with said correction or interpretation.
- The following Scale of Arbitration Expenses shall be
applicable:
( Mexican Pesos)
AMOUNT IN DISPUTE (L)
|
ADMINISTRATIVE COSTS1,2
|
ARBITRATOR´S FEES 2
|
Up to 1,000,000
|
22,000
|
48,000
|
From 1,000,001 to 2,500,000
|
22,000 + 1.60% of amount over 1,000,000
|
48,000 + 3.00% of amount over 1,000,000
|
From 2,500,001 to 4,000,000
|
46,000 + 1.20% of amount over 2,500,000
|
93,000 + 2.32% of amount over 2,500,000
|
From 4,000,001 to 8,000,000
|
64,000 + 0.80% of amount over 4,000,000
|
127,800 + 1.40% of amount over 4,000,000
|
From 8,000,001 to 16,000,000
|
96,000 + 0.40% of amount over 8,000,000
|
183,800 + 1.12% of amount over 8,000,000
|
From 16,000,001 to 40,000,000
|
128,000 + 0.16% of amount over 16,000,000
|
273,400 + 0.40% of amount over 16,000,000
|
From 40,000,001 to 80,000,000
|
166,400 + 0.08% of amount over 40,000,000
|
369,400 + 0.24% of amount over 40,000,000
|
From 80,000,001 to 400,000,000
|
198,400 + 0.04% of amount over 80,000,000
|
465,400 + 0.08% of amount over 80,000,000
|
From 400,000,001 to 640,000,000
|
326,400 + 0.04% of amount over 400,000,000
|
721,400 + 0.05% of amount over 400,000,000
|
From 640,000,001 to 800,000,000
|
422,400
|
841,400 + 0.04% of amount over 640,000,000
|
From 800,000,001 to or more
|
422,400
|
905,400 + 0.02% of amount over 800,000,000
|
1 The advance to cover the administrative costs referred to in
article 37 of the Rules is of $16,000.00 pesos.
2 This amounts do not include impuesto al valor agregado
(IVA).