Rule 1
(1) Where the parties to a contract have agreed in writing
that disputes in relation to that contract shall be settled by
arbitration in accordance with the Rules for Arbitration of the
Kuala Lumpur Regional Centre for Arbitration (hereinafter referred
to as "the KLRCA"), then such disputes shall be settled in
accordance with the UNCITRAL Arbitration Rules subject to the
modification set forth in these Rules.
(2) The Rules applicable to the arbitration shall be those in
force at the time of commencement of the arbitration unless the
parties have agreed otherwise.
Rule 2
(1) The claimant shall file with the Director of the KLRCA a
copy of the Notice of Arbitration served on the respondent.
(2) The parties shall also file with the Director of the KLRCA
a copy of any other notice, including a notification, communication
or proposal concerning the arbitral proceedings.
(3) If the parties have agreed on an appointing authority
other than the KLRCA, they shall inform the Director of the KLRCA
of the name of that authority.
Rule 3
(1) Unless the parties have agreed otherwise or if the
appointing authority designated refuses to act or fails to appoint
the arbitrator, the KLRCA shall be the appointing authority for the
purpose of the UNCITRAL Arbitration Rules and these Rules
(2) Where, pursuant to Article 6 or 7 (3) of the UNCITRAL
Arbitration Rules and paragraph (1) of this Rule, the KLRCA is to
appoint a sole Arbitrator or the Presiding Arbitrator, the list of
names to be communicated by the KLRCA to the parties shall be
determined by the Director of the KLRCA.
(3) Where, pursuant to Article 7 (2) (a) of the UNCITRAL
Arbitration Rules and paragraph (1) of this Rule, the KLRCA is to
appoint the second Arbitrator, the Director of the KLRCA shall be
the appointing authority.
Rule 4
The Director of the KLRCA shall, at the request of the
Arbitral Tribunal or either party, make available, or arrange for,
such facilities and assistance for the conduct of arbitration
proceedings as may be required, including suitable accommodation
for sittings of the Arbitral Tribunal, secretarial assistance and
interpretation facilities.
Rule 5
(1) The parties shall furnish to the Director of the KLRCA
copies of the statement of claim, the statement of defence, the
counter-claim and reply to counter-claim (if any) and any
amendments thereto which they file with the Arbitral
Tribunal.
(2) 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 KLRCA a complete set of
records.
Rule 6
(1) The Arbitral Tribunal shall render its final award within
a period which is limited to six months. Such period shall start to
run from the day when the Arbitral Tribunal receives the
Respondents' Statement of Defence or counter-claim as defined in
Article 19, or in the case of default from the date that the
Arbitral Tribunal orders the continuation of the proceedings under
Article 28 (1). If in accordance with Article 20, amendments are to
be allowed by the Arbitral Tribunal, the time limit shall commence
from the date of the amendments. Such time limit may be extended by
the Arbitral Tribunal with the consent of the parties, or in the
absence of consent in consultation with the Director of the
KLRCA.
(2) The Arbitral Tribunal shall furnish to the Director of the
KLRCA a signed copy of the award made by it, whether interim,
interlocutory, partial or final. The Director of the KLRCA shall
render all assistance in the filing or registration of the award
when the same is required by the law of the country where the award
is made.
Rule 7
(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 KLRCA in
connection with the arbitration as well as its administrative
charges.
(2) The facilities made available by the KLRCA itself may be
charged for on the basis of comparable costs.
(3) In fixing its fees the Arbitral Tribunal shall consult
with the Director of the KLRCA The Director of the Centre may
undertake consultations with the parties before giving advice to
the Arbitral Tribunal. The Director of the Centre, in consultation
with the Arbitrators and the parties, shall settle the basis of
computation of fees and expenses in accordance with the schedule
annexed hereto before the Arbitrators take up their duties.
(4) The fees of the Arbitrators and the KLRCA's administrative
charges may, in exceptional cases, be fixed at a higher figure than
that provided in the schedule annexed.
(5) For the purpose of calculating the amount in dispute the
value of any counterclaim and/or set-off will be added to the
amount of the claim.
(6) Where a claim or counterclaim does not state a monetary
amount, an appropriate value for the claim or counterclaim shall be
settled by the KLRCA in consultation with the Arbitrators and the
parties for the purpose of computing the Arbitrators' fees and the
KLRCA's administrative charges.
(7) If the parties have designated an appointing authority
other than the KLRCA, the fees and expenses of the appointing
authority shall be fixed by the Director of the KLRCA 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:
(1) The Director of the KLRCA shall prepare an estimate of the
cost of arbitration and may request each party to deposit an equal
amount as an advance for those costs.
(2) During the course of the arbitral proceedings the Director
of the KLRCA 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
KLRCA 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 KLRCA, may order
the suspension or termination of the arbitral proceedings.
(4) The Director of the KLRCA may apply the deposits toward
disbursements for the costs of arbitration.
(5) After the award has been made, the Director of the KLRCA
shall render an accounting to the parties of the deposits received
and return any unexpended balance to the parties.
Rule 9
Where the parties have referred their dispute to
conciliation/mediation under KLRCA's Conciliation/Mediation Rules
and they have failed to reach a settlement and thereafter proceed
to arbitration under these Rules, then one-half of the
administrative costs paid to KLRCA for the conciliation/mediation
shall be credited towards the administrative costs of the
arbitration.
Rule 10
The Arbitrator and the parties must keep confidential all
matters relating to the arbitration proceedings. Confidentiality
extends also to the award, except where its disclosure is necessary
for purposes of implementation and enforcement.
Rule 11
Neither the KLRCA nor the Arbitrator shall be liable to any
party for any act or omission related to the conduct of the
arbitration proceedings.
Rule 12
The parties and the Arbitrator agree that statements or
comments whether written or oral made in the course of the
arbitration proceedings shall not be relied upon to found or
maintain any action for defamation, libel, slander or any related
complaint.
Appendix A
Arbitrator's Fees (US$)
(a) Schedule of Fees
Amount in Dispute
|
|
|
Minimum
|
Maximum
|
Up to
|
50,000
|
|
$ 1,000
|
7.00%
|
From
|
50,001 to
|
100,000
|
1.00%
|
4.00%
|
From
|
100,001 to
|
500,000
|
0.50%
|
2.00%
|
From
|
500,001 to
|
1,000,000
|
0.40%
|
1.00%
|
From
|
1,000,001
|
2,000,000
|
0.30%
|
0.80%
|
From
|
2,000,001
|
5,000,000
|
0.20%
|
0.50%
|
From
|
5,000,001
|
10,000,000
|
0.10%
|
0.30%
|
From
|
10,000,001
|
50,000,000
|
0.05%
|
0.15%
|
From
|
50,000,001
|
100,000,000
|
0.02%
|
0.08%
|
Over
|
100,000,000
|
|
0.01%
|
0.05%
|
(b) Illustration
Minimum
|
Maximum
|
|
|
|
$ 1,000
|
$3, 500
|
|
Under $50,000
|
|
1,000 + 1.00%
|
3,500 + 4.00% of amount
|
over
|
50,001 to
|
100,000
|
1,500 + 0.50%
|
5,500 + 2.00%
|
"
|
100,001 to
|
500,000
|
3,500 + 0.40%
|
13,500 + 1.00%
|
"
|
500,001 to
|
1,000,000
|
5,500 + 0.30%
|
18,500 + 0.80%
|
"
|
1,000,001 to
|
2,000,000
|
8,500 + 0.20%
|
26,500 + 0.50%
|
"
|
2,000,001 to
|
5,000,000
|
14,500 + 0.10%
|
41,500 + 0.30%
|
"
|
5,000,001 to
|
10,000,000
|
19,500 + 0.05%
|
56,500 + 0.15%
|
"
|
10,000,001 to
|
50,000,000
|
39,500 + 0.02%
|
116,500 + 0.08%
|
"
|
50,000,001 to
|
100,000,000
|
49,500 + 0.01%
|
156,500 + 0.05%
|
"
|
|
Over
|
| |
|
"
|
|
100,000,000
|
Appendix B
Costs of Arbitration
1. Registration Fee
|
US $50.00
|
2. Administrative Costs
|
Amount in Dispute(In U.S. Dollars)
|
Costs
|
Up to 50,000
|
3% with a minimum of US$500
|
From 50,001 up to100,000
|
1,500 + 2% of excess over 50,000
|
From 100,001 up to 500,000
|
2,500 + 1% of excess over 100,000
|
From 500,001 up to 1,000,000
|
6,500 + 0.80% of excess over 500,000
|
From 1,000,001 up to 2,000,000
|
10,500 + 0.40% of excess over 1,000,000
|
From 2,000,001 up to 5,000,000
|
14,500 + 0.15% of excess over 2,000,000
|
More than 5,000,000
|
19,000 + 0.10% of excess over 5,000,000
|
| |
Up to a limit of US $60,000
|