Arbitration / RULES OF ARBITRATION

CHAPTER I. GENERAL PROVISIONS

Article 1. Scope of application

1. The Rules of Arbitration of the Middle Commercial Arbitration Centre (hereinafter referred to as “the Arbitration Rules”) shall apply to resolve disputes at the Middle Commercial Arbit ration.

2. The Arbitration Rules shall apply to resolve the disputes of which the arbitral proceedings commence on or after June 01, 2021 unless the parties have agreed otherwise.

Article 2. Interpretation

In these Arbitration Rules, the following terms shall be understood as follows:

1. "Centre" means the the Middle Commercial Arbitration Centre.

2. "List of Arbitrators" means the list of arbitrators at the Centre.

3. "Arbitral Tribunal" comprises three Arbitrators or a Sole Arbitrator.

4. "Claimant" includes one or more claimants. 

5. "Respondent" includes one or more respondents.

Article 3. Sending of notices and documents; calculation of periods of time

1. Any notice or document submitted by any party to the Centre shall be in a sufficient number of copies for the Centre to forward one copy to each member of the Arbitral Tribunal, one copy to the other party, and one copy to keep. 

2. Any notice and document shall be sent by the Centre to the parties at the addresses provided by the parties and can be sent by direct delivery, registered mail, facsimile, email, or any other means of communication that provides a record of the sending thereof.

3. Any notice or document sent by the Centre to the parties shall be deemed to have been received on the day it was received by the parties or would have been received on the day of delivery if the notice or document has been sent in accordance with clause 2 of this Article.

4. The periods specified in these Arbitration Rules shall start to count on the day following the date the notice or document is deemed to have been received in accordance with clause 3 of this Article. If the day following such date is a non-business day under the regulations at the place of receipt, the period shall commence on the first following business day; and if the last day of the period  is a non-business day under the regulations at the place of receipt, the period shall expire at the end of the first following business day. Non-business days occurring during the running of the period of time are included in calculating the period.

Article 4. Participation in Arbitral proceedings

1. The parties may directly participate in or authorize in writing representatives to participate in the Arbitral proceedings.

2. The Arbitral Tribunal or the Centre has the right to request the parties to provide proof of the authority of any person participating in the arbitral proceedings, in case the Arbitral Tribunal has not been established.

CHAPTER II. COMMENCEMENT OF THE ARBITRAL PROCESS

Article 5. Commencement of Arbitral proceedings

Unless otherwise agreed by the parties, the Arbitral proceedings shall commence on the date on which the Centre receives the Request for Arbitration of the Claimant in accordance with clause 2, Article 7 of these Arbitration Rules.

Article 6. Disputes from multiple contracts 

Claims arising out of or in connection with more than one contract may be included in a single Request for Arbitration to be resolved in a single dispute, irrespective of whether such claims are made under one or more than one arbitration agreement.

Article 7. Request for Arbitration

1. A party wishing to commence arbitration at the Centre shall submit its Request for Arbitration to the Centre.

2. The Request for Arbitration shall contain the following information:

a) Date, month, year on which the Request for Arbitration is made;

b) Names and addresses of the parties;

c) Summary of the content of the dispute;

d) Grounds for the claims;

e) The monetary value of the dispute and other claims of the Claimant;

f) The name of the person selected by the Claimant to act as Arbitrator or a request to the Centre to appoint an Arbitrator in accordance with clause 1 of Article 12 or Article 13 of these Arbitration Rules;

g) Signature of the legal representative or the authorized representative in case the Claimant is an organization; signature of the individual or the authorized representative in case the Claimant is an individual.   

3. The Request for Arbitration shall be accompanied by the arbitration agreement and other relevant documents (originals or copies).

4. The Request for Arbitration, the Arbitration Agreement and other relevant documents shall be submitted in a sufficient number of copies in accordance with clause 1 of Article 3 of these Arbitration Rules.

Article 8. Delivery of Notice and Request for Arbitration

Unless the parties have agreed otherwise on the period, the Centre shall send to the Respondent a Notice, the Request for Arbitration, the Arbitration Agreement and other relevant documents within 10 days from the date of receipt of the Request for Arbitration, the Arbitration Agreement, other relevant documents, and the arbitration costs as stipulated in Article 35 of these Arbitration Rules. 

Article 9. Statement of Defence

1. Unless the parties have agreed otherwise, within 30 days from the date of receipt of the Notice, the Request for Arbitration, the Arbitration Agreement and other relevant documents, the Respondent shall submit to the Centre a Statement of Defence. 

The Statement of Defence shall contain the following information:

a) Date, month, year on which the Statement of Defence is made;

b) Name and address of the Respondent;

c) Grounds for the defence;

d) The name of the person selected by the Respondent to act as Arbitrator or a request to the Centre to appoint an Arbitrator in accordance with clause 2 of Article 12 or Article 13 of these Arbitration Rules;

e) Signature of the legal representative or the authorized representative in case the Respondent is an organization; signature of the individual or the authorized representative in case the Respondent is an individual;

f) In case the Respondent alleges that there is no Arbitration Agreement or that the Arbitration Agreement is invalid or incapable of being performed, the Respondent shall state such allegations in the Statement of Defence. If the Respondent fails to do so, it shall be deemed to lose its right to raise an objection to the above-mentioned matters. In such case, the Respondent shall still select an Arbitrator or request the Centre to appoint an Arbitrator.

2. At the request of the Respondent, the Centre may extend the period  for submission of the Statement of Defence. The request for an extension must be in writing and delivered to the Centre prior to the expiry date of the aforesaid period of 30 days or the extended period  for submissions of the Statement of Defence.

In such case, the Respondent shall still select an Arbitrator or request the Centre to appoint an Arbitrator within the aforesaid period of 30 days as prescribed in clause 1 of this Arbitration Article.

3. The Statement of Defence and the relevant documents shall be submitted in a sufficient number of copies in accordance with clause 1, Article 3 of these Arbitration Rules.

4. If the Respondent fails to submit the Statement of Defence, the arbitral proceedings shall still proceed. 

Article 10. Counterclaim

1. The Respondent shall have the right to file a counterclaim against the Claimant. The Counterclaim must be based on the arbitration agreement on which the Claimant has relied to make the Request for Arbitration against the Respondent. The Counterclaim shall be made in a separate document; and submitted to the Centre at the same time as and with the submission of the Statement of Defence.

2. The Counterclaim shall contain the following information:

a) Date, month, year on which the Counterclaim is made;

b) Names and addresses of the parties;

c) Summary of the content of the Counterclaim;

d) Grounds for the counterclaims;

e) Monetary value of the Counterclaim and other claims of the Respondent;

f) Signature of the legal representative or the authorized representative in case the Respondent is an organization; signature of the individual or the authorized representative in case the Respondent is an individual.

3. The Counterclaim and the relevant documents shall be submitted in a sufficient number of copies in accordance with clause 1, Article 3 of these Arbitration Rules.

4. Unless otherwise agreed by the parties on the period of time, within 10 days from the date of receipt of the Counterclaim, the relevant documents and the costs of arbitration, the Centre shall send to the Claimant a Notice, the Counterclaim and the relevant documents as stipulated in Article 35 of these Arbitration Rules.

5. Unless otherwise agreed by the parties on the period of time, within 30 days from the date of receipt of the Notice, the Counterclaim and the relevant documents, the Claimant shall submit to the Centre a Statement of Defence against the Counterclaim in a sufficient number of copies in accordance with clause 1 of Article 3 of these Arbitration Rules.

6. The Counterclaim shall be concurrently resolved by the same Arbitral Tribunal that resolves the Request for Arbitration of the Claimant.

CHAPTER III. ARBITRAL TRIBUNAL

Article 11. Number of Arbitrators

1. The dispute shall be resolved by an Arbitral Tribunal comprising three Arbitrators or a Sole Arbitrator.

2. The parties may select an Arbitral Tribunal comprising three Arbitrators or a Sole Arbitrator. Unless the parties have agreed that the dispute shall be resolved by a Sole Arbitrator, the dispute shall be resolved by an Arbitral Tribunal comprising three Arbitrators.

Article 12. Constitution of an Arbitral Tribunal comprising three Arbitrators

1. Unless otherwise agreed by the parties, the Claimant shall select an Arbitrator or request the Centre to appoint an Arbitrator. In case there are multiple Claimants, the Claimants shall agree on the selection of one Arbitrator or agree to request the Centre to appoint an Arbitrator and shall notify the Centre. In case the name of the person selected as Arbitrator is not included in the List of Arbitrators, the Claimant shall inform the Centre of the address of such an Arbitrator.

In case the Claimant requests the Centre to appoint an Arbitrator, the Centre’s President shall make a decision to appoint an Arbitrator within 07 days from the date of receipt of the request.

2. Unless otherwise agreed by the parties, the Respondent shall select an Arbitrator or request the Centre to appoint an Arbitrator and shall notify the Centre within 30 days from the date of receipt of the Notice, the Request for Arbitration, the Arbitration Agreement, and other relevant documents. 

In case there are multiple Respondents, the Respondents shall agree on the selection of one Arbitrator or agree to request the Centre to appoint an Arbitrator and shall notify the Centre. In case the name of the person selected as Arbitrator is not included in the List of Arbitrators, the Respondent shall inform the Centre of the address of such an Arbitrator.

In case the Respondent requests the Centre to appoint an Arbitrator, the Centre’s President shall make a decision to appoint an Arbitrator within 07 days from the date of receipt of the request.

If the Respondent fails to select an Arbitrator or to request the Centre to appoint an Arbitrator within the aforesaid period of 30 days, the Centre’s President shall make a decision to appoint an Arbitrator within 07 days after the expiry date of the period. 

In case there are multiple respondents if the Respondents fail to agree on the selection of one Arbitrator or to request the Centre to appoint an Arbitrator within the aforesaid period, the Centre’s President shall make a decision to appoint an Arbitrator within 07 days after the expiry date of the period.

3. Unless otherwise agreed by the parties, within 15 days from the date on which the Arbitrator selected by the Respondent or appointed by the Centre’s President receives the notice of the selection or appointment, the two Arbitrators shall select the third Arbitrators who will act as the Presiding Arbitrator of the Arbitral Tribunal and shall notify the Centre. If the Centre does not receive the notification by the expiry of the period, the Centre’s President shall make a decision to appoint the Presiding Arbitrator of the Arbitral Tribunal within 07 days after the expiry date of the period.

4. In making the decision pursuant to the provisions of Clause 1, 2, and 3 of this Article and Article 13 of these Arbitration Rules, the Centre’s President shall have due regard to the necessary qualifications of an Arbitrator as agreed by the parties and under these Rules. The Centre’s President shall also consider whether or not the appointed Arbitrator has sufficient time to resolve the dispute efficiently.

Article 13. Constitution of an Arbitral Tribunal comprising a Sole Arbitrator

Unless otherwise agreed by the parties, within 30 days from the date on which the Respondent receives the Notice, the Counterclaim, the Arbitration Agreement, and other relevant documents, the parties shall agree on the selection of a Sole Arbitrator or request the Centre to appoint a Sole Arbitrator and shall notify the Centre. In case the name of the person selected as the Sole Arbitrator is not included in the List of Arbitrators, the parties shall inform the Centre of the address of such an Arbitrator.

In case the Centre does not receive the notification, the Centre’s President shall make a decision to appoint the Sole Arbitrator within 07 days after the expiry date of the aforesaid period.

Article 14. Withdrawal of the Request for Arbitration and/or the Counterclaim; amendment and/or supplement to the Request for Arbitration, the Counterclaim, the Statement of Defence, and the Statement of Defence against the Counterclaim

1. The parties have the right to withdraw the Request for Arbitration and/or the Counterclaim before the Arbitral Tribunal makes the Arbitral Award.

2. The parties may amend and/or supplement the Request for Arbitration, the Counterclaim, the Statement of Defence, and/or the Statement of Defence against the Counterclaim before the final hearing finishes. The amendment and/or the supplement shall be in writing in a sufficient number of copies followingclause 1 of Article 3 of these Arbitration Rules. The Arbitral Tribunal shall have the power to disallow the amendment and/or the supplement if the Arbitral Tribunal considers it an abuse aimed at causing difficulties or delaying the making of the Arbitral Award or if it exceeds the scope of the Arbitration Agreement applicable to the dispute.

Article 15. Consolidation of arbitrations

1. Parties may agree to consolidate multiple disputes pending under these Arbitration Rules into a single dispute. The Centre shall decide on whether the arbitrations are consolidated upon its consideration of relevant matters.

2. Unless otherwise agreed by the parties, the arbitrations shall be consolidated into the arbitration that commenced first.

Article 16. General Provisions in respect of Arbitrators

1. Upon receipt of the notice of selection or appointment as Arbitrator and throughout the arbitral proceedings, the selected or appointed Arbitrator shall duly disclose to the Centre any fact which may cause any doubt about his/her impartiality, independence or objectivity which shall be notified to the parties.

2. An Arbitrator shall not be permitted to act as lawyer for any party.

3. The selected or appointed arbitrators must decline to act as an Arbitration under the following circumstances:

a. The arbitrator is a relative or representative of a party;

b. The arbitrator has an interest related to the dispute;

c. Being a mediator, a representative or a lawyer for either party in the dispute itself which is being resolved at the Centre, unless the parties have agreed otherwise in writing;

d. There are clear grounds demonstrating that the prospective Arbitrator is not impartial or objective;

e. The Arbitrator fails to meet the specific qualifications agreed by the parties;

f. The Arbitrator fails to meet the qualifications specified in the applicable arbitration law.

4. During the arbitral proceedings, an Arbitrator shall not be permitted to privately meet or contact any party and no party shall be permitted to privately meet or contact an Arbitrator for any communication relating to the dispute.

5. If the parties have agreed on the specific qualifications of an Arbitrator, the Arbitrator shall be deemed to meet such qualifications unless a party, within 15 days of receipt of a notice of selection or appointment of the Arbitrator, has a request for replacement on the grounds that such an Arbitrator fails to meet the qualifications agreed by the parties. In such case, the replacement of the Arbitrator shall be subject to Article 17 of these Arbitration Rules.

Article 17.  Replacement of Arbitrators

1. An Arbitrator shall refuse to resolve the dispute, the parties shall have the right to request the replacement of an Arbitrator if the Arbitrator falls into one of the circumstances prescribed in clause 3, Article 16 of these Arbitration Rules.

2. A written refusal to resolve the dispute of an Arbitrator and/or a request of the party/parties  for the replacement of an Arbitrator shall be submitted to the Centre. In case the Arbitral Tribunal has not yet been constituted, the Centre’s President shall decide on the replacement of the Arbitrator. In case the Arbitral Tribunal has been constituted, the replacement of an Arbitrator shall be decided by the remaining members of the Arbitral Tribunal; if the remaining members of the Arbitral Tribunal fail to do so, the Centre’s President shall make a decision. In any other circumstances, the Centre’s President shall make a decision.

In case the Arbitral Tribunal comprises a Sole Arbitrator, the Centre’s President shall make a decision on the replacement of the Sole Arbitrator.

The Decision of the remaining members of the Arbitral Tribunal or that of the Centre’s President on the replacement of an Arbitrator may be made without stating the reasons and shall be final.

3. In case the remaining members of the Arbitral Tribunal or the Centre’s President decide to replace an Arbitrator, the substitute Arbitrator shall be selected or appointed under Article 12 or Article 13 of these Arbitration Rules. The Arbitrator who has been replaced shall not be reselected by the parties or reappointed by the Centre’s President.

In case the remaining members of the Arbitral Tribunal or the Centre’s President decide not to replace an Arbitrator, the Arbitrator shall continue to resolve the dispute.

4. The Centre or the Arbitral Tribunal may fix the expenses for the replacement of an Arbitrator and may decide which party shall bear such expenses.

5. In case an Arbitrator dies or, for any event of force majeure or hardship, is unable to continue resolving the dispute, the selection or appointment of the substitute Arbitrator shall comply with the provisions of Article 12 or Article 13 of these Arbitration Rules.

6. After consulting with the parties, the newly constituted Arbitral Tribunal may reconsider the issues already presented in the hearings conducted by the former Arbitral Tribunal.

Article 18. Power of the Arbitral Tribunal to verify facts

During the dispute resolution proceedings, the Arbitral Tribunal shall have the power to meet or discuss with one party with the participation of the other party by appropriate means in order to clarify the issues relevant to the dispute. The Arbitral Tribunal may, on its  initiative or at the request of a party or the parties, conduct fact-finding from a third person in the presence of the parties or after having notified the parties.

Article 19. Power of the Arbitral Tribunal to collect evidence

1. The Arbitral Tribunal shall have the power to request the parties to provide evidence, the parties shall be obliged to provide evidence.

2. The Arbitral Tribunal shall have the power to request witnesses to provide information and documents relevant to the dispute at the request of a party or the parties.

3. The Arbitral Tribunal shall have the power, on its  initiative or at the request of a party or the parties, to seek inspection or valuation of the assets in dispute. The expenses for inspection or valuation shall be paid by the requesting party or allocated by the Arbitral Tribunal. In all circumstances, if the inspection or valuation expenses are not paid in full, the Arbitral Tribunal shall resolve the dispute on the basis of the documents readily available.

4. The Arbitral Tribunal shall have the power, on its  initiative or at the request of a party or the parties, to seek expert advice. The Arbitral Tribunal shall have the power to request the parties to provide experts with relevant information or access to relevant documents, goods, or assets. The experts shall submit a written report to the Arbitral Tribunal. After receiving the report, the Arbitral Tribunal shall send a copy of the report to the parties and request the parties to provide their written opinion on the report. The expenses for expert advice shall be paid by the requesting party or allocated by the Arbitral Tribunal. In all circumstances, if the expenses for expert advice are not paid in full, the Arbitral Tribunal shall resolve the dispute on the basis of the documents readily available

5. If the Arbitral Tribunal or a party or the parties have already taken necessary measures to collect evidence without success, a written request may be submitted to the competent Court  to require support in accordance with the law.

Article 20. Power of the Arbitral Tribunal to summon witnesses

1. At the request of a party or the parties and if the Tribunal considers it necessary, the Arbitral Tribunal shall have the power to summon witnesses to attend a hearing. The witness expenses shall be paid by the requesting party or allocated by the Arbitral Tribunal.

2. In case a witness who has been duly summoned by the Arbitral Tribunal fails to attend the hearing without a legitimate reason and if the absence of the witness causes an obstacle to the dispute resolution, the Arbitral Tribunal shall submit a written request to the competent court to issue a decision summoning the witness to attend the hearing. The request shall specify the content of the dispute currently being resolved; the full name and the address of the witness; the reason for summoning witnesses; the time and the location where the witness is required to be present.

3. If a witness who has been duly summoned is absent, the Arbitral Tribunal may adjourn or proceed with the hearing on the basis of the documents readily available.

Article 21. Power of the Arbitral Tribunal to order interim measures

1. At the request of one of the parties, the Arbitral Tribunal may order one or more interim measures applicable to the parties in dispute. The interim measures shall comprise:

a) Prohibition of any change in the status quo of the assets in dispute;

b) Prohibition of any specific action by any party in dispute or order that any party in the dispute take specific actions aimed at preventing conduct adverse to the arbitral proceedings;

c) Seizure of the assets in dispute;

d) Order of preservation, storage, sale, or disposal of any of the assets of a party or the parties in dispute;

e) Order of provisional payment of money between the parties;

f) Prohibition of transfer of asset rights for the assets in dispute.

2. The procedures for ordering, changing, supplementing, and terminating the interim measures shall be in accordance with the relevant provisions of the law.

3. During the arbitral proceedings, if a party has already requested a Court to order one or more interim measures as provided in clause 1 of this Article and then requests the Arbitral Tribunal to order such interim measures, the Arbitral Tribunal shall reject the request. The party that has requested the Court to order any interim measures shall immediately notify the Centre of the request.

4. A request for a Court to apply interim measures shall not be considered a waiver of the arbitration agreement or the waiver of the right to settle disputes by arbitration.

Article 22. Place of arbitration

1. The place of arbitration shall be as agreed by the parties. Otherwise, the Arbitral Tribunal shall determine the place of arbitration it considers appropriate.

2. The Arbitral Tribunal may conduct hearings at any location it considers appropriate unless otherwise agreed by the parties. The Arbitral Tribunal may hold meetings by any means and at any location it considers appropriate.

Article 23. Language of arbitration

1. For disputes without a foreign element, the language of arbitration shall be Vietnamese.

2. For disputes with a foreign element and disputes to which at least one party is an enterprise with foreign investment capital, the language of arbitration shall be as agreed by the parties. Otherwise, the Arbitral Tribunal shall determine the language or languages to be used in the Arbitral proceedings which taking into account relevant circumstances including the language of the contract.

3. If a document is made in any language other than the language of arbitration, the Arbitral Tribunal or the Centre may request a party or the parties to provide the translation thereof, in case the Arbitral Tribunal has not yet been constituted.

Article 24. Applicable law

1. For disputes without a foreign element, the Arbitral Tribunal shall apply the law of Vietnam.

2. For disputes with a foreign element, the Arbitral Tribunal shall apply the law agreed by the parties; if the parties do not have any agreement on the applicable law, the Arbitral Tribunal shall determine the law it considers the most appropriate.

3. The Arbitral Tribunal may apply any appropriate customs to resolve the dispute.

CHAPTER IV. HEARINGS

Article 25. Hearings

1. The Arbitral Tribunal shall fix the time and the location of hearings unless the parties have agreed otherwise. The Arbitral Tribunal may conduct the hearings by means of teleconference, video-conference, or by any other appropriate means if the parties have agreed so.

2. A summon to attend a hearing shall be sent by the Centre to the parties within a period of time no less than 15 days prior to the date of the hearing unless the parties have agreed otherwise. In case of postponement of the hearing or where the Arbitral Tribunal holds further hearings, the period of time for sending summonses shall be determined by the Arbitral Tribunal unless the parties have agreed otherwise.

3. The hearings may not be made public unless otherwise agreed upon by the parties.

The parties shall have the right to invite witnesses and persons who protect their legal rights and interests to attend hearings and shall notify the Arbitral Tribunal befor the date of hearings. The Arbitral Tribunal, on its  initiative or at the request of a party, shall have the power to invite the organization or individual conducting the inspection or the valuation of assets and the experts as stipulated in Article 19 of Arbitration Rules to attend hearings. The Arbitral Tribunal may permit other persons to attend hearings if the parties so consent.

4. At a hearing, if the Arbitral Tribunal considers that the parties have no further relevant document or evidence to submit, the Arbitral Tribunal shall declare such a hearing to be the final hearing. After the final hearing, the Arbitral Tribunal shall not be obliged to consider any additional document or evidence.

Article 26. Postponement of hearings

1. If there is a legitimate reason, a party or the parties may request the Arbitral Tribunal to postpone a hearing. A request for the postponement of the hearing shall be in writing, specifying the reason with evidence attached, and shall be submitted to the Centre. If the Centre does not receive the request for postponement at least 07 working days before the date of the hearing, the requesting party shall pay all expenses arising, if any.

The Arbitral Tribunal shall accept or reject the request for postponement and notify the parties accordingly.

2. The Arbitral Tribunal may postpone a hearing in the event of an objective obstacle according to the Arbitral Tribunal’s assessment.

Article 27. Absence of parties

1. The Claimant has been duly summoned to attend a hearing but fails to appear without a legitimate reason or leaves a hearing without permission of the Arbitral Tribunal shall be deemed to have withdrawn the Request for Arbitration. In such case, the Arbitral Tribunal shall only proceed with the dispute resolution if the Respondent so requests or if there is a Counterclaim.

The Respondent has been duly summoned to attend a hearing but fails to appear without a legitimate reason or leaves a hearing without the permission of the Arbitral Tribunal, the Arbitral Tribunal shall proceed with the dispute resolution on the basis of the documents and evidence readily available.

2. In case there is a Counterclaim, the Respondent has been duly summoned to attend a hearing but fails to appear without a legitimate reason, or leaves a hearing without the permission of the Arbitral Tribunal, shall be deemed to have withdrawn the Counterclaim. In such case, the Arbitral Tribunal shall only proceed with the resolution of the Counterclaim if the Claimant so requests.

3. At the request of the parties, the Arbitral Tribunal may rely on the documents and evidence readily available to proceed with a hearing without the presence of the parties.

4. The Arbitral Tribunal may proceed with a hearing even if there is a request from one party to be absent.

Article 28. Jurisdiction of the Arbitral Tribunal

1. The Arbitral Tribunal shall have the power to rule on its  jurisdiction, including any objection for the existence or validity of the Arbitration Agreement. An Arbitration clause is a part of the contract that 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 automatically the invalidity of the Arbitration Agreement.

2. Before considering the merits of the dispute, the Arbitral Tribunal shall consider the existence of the Arbitration Agreement; the validity of the Arbitration Agreement; whether or not the Arbitration Agreement is capable of being performed; and its jurisdiction regardless of whether or not there is any objection raised by any party.

In case the Arbitral Tribunal finds that the Arbitration Agreement exists, the Arbitration Agreement is valid and capable of being performed, the Arbitral Tribunal shall proceed with the dispute resolution.

In case the Arbitral Tribunal finds that the Arbitration Agreement does not exist, the Arbitration Agreement is invalid or incapable of being performed, the Arbitral Tribunal shall issue a decision to suspend the dispute resolution.

3. The Arbitral Tribunal may make a separate Decision on the jurisdiction of the Arbitral Tribunal or may decide on the jurisdiction of the Arbitral Tribunal in the Arbitral Award.

4. During the dispute resolution proceedings, if any party finds that the Arbitral Tribunal is exceeding the scope of its jurisdiction, it shall objectto the Arbitral Tribunal. The Arbitral Tribunal shall consider and decide such an objection.

Article 29. Mediation

At the request of the parties, The Arbitral Tribunal shall conduct the mediation so that the parties can reach an agreement on the resolve of the dispute. Once the parties reach an agreement on the resolve of the dispute, the Arbitral Council shall draft the minutes of successful mediation. The minutes shall be signed by the parties and the Arbitrators or the Sole Arbitrator. The Arbitral Tribunal shall make the Decision recognizing the successful mediation. The Decision of the Arbitral Tribunal shall be as valid as an Arbitral Award.

Article 30. Suspension of dispute resolution

1. The resolution of the dispute shall be suspended in the following circumstances:

a) The Claimant or Respondent being an individual dies without anyone inheriting his or her rights and obligations; 

b) The Claimant or Respondent being an authority/organization has terminated its operation, become bankrupt, or been dissolved, consolidated, merged, demerged, separated, or has converted its organizational form without any organization taking over its rights and obligations;

c) The Claimant withdraws the Request for Arbitration unless the Respondent files a Counterclaim;

d) The Claimant is deemed to have withdrawn the Request for Arbitration pursuant to clause 1, Article 27 of these Arbitration Rules, unless the Respondent requests to proceed with the dispute resolution;

e) The parties reach an agreement on the termination of the dispute resolution;

f) There is a Decision of the Arbitral Tribunal pursuant to clause 2, Article 28 of these Arbitration Rules;

g) There is a Decision of a Court pursuant to the law.

2. The Arbitral Tribunal shall make a Decision to suspend the dispute resolution. In case the Arbitral Tribunal has not yet been constituted, the Centre’s President shall make a Decision to suspend the dispute resolution.

CHAPTER V. ARBITRAL AWARDS

Article 31. Principles for making Arbitral Awards

In case the Arbitral Tribunal comprises three Arbitrators, an Arbitral Award and Decisions by an Arbitral Tribunal shall be made by a majority decision. In case there is no majority, the Arbitral Award shall be decided by the Presiding Arbitrator.

Article 32. Arbitral Awards

1. An Arbitral Award shall be made in writing and contain the following main information:

a) Date, month, year and place of making the Arbitral Award;

b) Names and addresses of the Claimant and the Respondent;

c) Names of the Arbitrators or the name of the Sole Arbitrator;

d) Summary of the Request for Arbitration and matters in dispute; summary of the Counterclaim and matters in dispute, if any;

e) Reasons for issuing the Arbitral Award unless the parties have agreed that no reasons are to be given;

f) Determination of the dispute resolution;

g) Period of time for implementing the Arbitral Award;

h) Allocation of the fees of the arbitration and other relevant expenses;

i) Signatures of the Arbitrators or the signature of the Sole Arbitrator.

2. If an Arbitrator fails to sign the Arbitral Award, the Presiding Arbitrator of the Arbitral Tribunal shall record this in the Arbitral Award and state the reasons. In such case, the Arbitral Award shall still be valid.

3. The Arbitral Award shall be made no later than 30 days from the date on which the final hearing finishes.

4. The Arbitral Tribunal shall send the Arbitral Award to the Centre immediately after the date on which it is made. The Centre shall immediately send the original or certified copy of the Arbitral Award to the parties. The parties shall have the right to request the Centre to provide additional copies of the Arbitral Award and shall pay fees as provided by the Centre.

5. The Arbitral Award shall be final and binding on the parties.

Article 33. Correction and interpretation of the Arbitral Award; making an additional Arbitral Award

1. Within 30 days from the date of receipt of the Arbitral Award unless the parties have agreed otherwise on the period of time, a party may request the Arbitral Tribunal to correct any spelling, printing, or typographical error, or any error of a similar nature; any numerical errors caused by a mistake or incorrect computation in the Arbitral Award, and shall immediately notify the request to another party. If the Arbitral Tribunal considers the request legitimate and there is proof that the request has been notified to the other party, it shall make a Decision on correction within 30 days from the date of receipt of the request.

2. Within 30 days from the date on which the Arbitral Award is made, the Arbitral Tribunal may correct any of the above-mentioned errors and make a Decision on correction on its  initiative.

3. Unless the parties have agreed otherwise on the period of time, within 30 days from the date of receipt of the Arbitral Award, a party may request the Arbitral Tribunal to interpret the Arbitral Award, and shall immediately notify the request to the other party. If the Arbitral Tribunal considers the request legitimate and there is proof that the request has been notified to the other party, it shall make a Decision on interpretation within 30 days from the date of receipt of the request.

4. Unless the parties have agreed otherwise on the period of time, within 30 days from the date of receipt of the Arbitral Award, a party may request the Arbitral Tribunal to make an additional Arbitral Award with respect to the issues presented during the arbitral proceedings but not yet recorded in the Arbitral Award, and shall immediately notify the request to the other party. If the Arbitral Tribunal considers such request legitimate and there is proof that the request has been notified to the other party, it shall make an additional Arbitral Award within 30 days from the date of receipt of the request.

5. Where necessary, the Arbitral Tribunal may extend the periods of time for the correction or the interpretation of the Arbitral Award or the making of an additional Arbitral Award as stipulated in paragraphs 1, 3, and 4 of this Article respectively.

6. The Decision on correction, the Decision on interpretation or the additional Arbitral Award shall constitute part of the Arbitral Award.

7. The correction or the interpretation of an Arbitral Award and the making of an additional Arbitral Award shall be subject to Article 31, and clause 2, Article 32 of these Arbitration Rules.

Article 34. Costs of arbitration

The fees of arbitration include:

1. The expenses for remuneration of Arbitrators;

2. The Centre’s administrative expenses;

3. The expenses for travelling, accommodation and other relevant expenses of the Arbitrators as stipulated in the written Guidelines of the Centre in force at the time of preparing the estimate for the expenses; and the expenses for other assistance at the request of the Arbitral Tribunal;

4. The expenses for inspection and valuation of assets, the expenses for seeking expert advice at the request of the Arbitral Tribunal. 

Article 35. Payment of fees of arbitration

1. Upon submission of the Request for Arbitration, unless otherwise agreed by the parties, the Claimant shall pay the expenses in full as provided in clause 1 and 2, Article 34 of these Arbitration Rules pursuant to the Schedule of fees of Arbitration of the Centre in force at the time of submission of the Request for Arbitration. In case the Claimant fails to pay such expenses in full within the period of time fixed by the Centre, the Claimant shall be deemed to have withdrawn the Request for Arbitration, but shall not be prevented from re-submitting the Request for Arbitration.

2. In case there is a Counterclaim unless otherwise agreed by the parties, the Respondent shall pay the expenses in full as provided in clause 1 and 2, Article 34 of these Arbitration Rules pursuant to the Schedule of Fees of Arbitration of the Centre in force at the time of submission of the Counterclaim. In case the Respondent fails to pay such expenses in full within the period of time fixed by the Centre, the Respondent shall be deemed to have withdrawn the Counterclaim.

3. The expenses referred to in clause 3, Article 34 of these Arbitration Rules shall be made in advance after the Arbitral Tribunal is constituted. The Centre shall consult with the Arbitral Tribunal to prepare the estimate of expenses and shall request a party or the parties to make in advance the expenses and notify the parties. Within 15 days from the date of receipt of the notice from the Centre, the party or parties shall make in advance the expenses in full, unless otherwise agreed by the parties. If the expenses are not made in advance in full, the Centre may request the Arbitral Tribunal to temporarily suspend the dispute resolution. In such case, one party may make an advance on behalf of the other party at the request of the Centre so that the dispute resolution continues. If the expenses are not made in advance in full, the Arbitral Tribunal may temporarily suspend the dispute resolution.

4. The expenses referred to in clause 4, Article 34 of these Arbitration Rules shall be paid in accordance with the regulation at clause 3 and 4, Article 19 of these Arbitration Rules.

5.The Centre shall calculate the expenses as provided in clause 3, Article 34 of these Arbitration Rules and notify the parties and the Arbitral Tribunal before the Arbitral Tribunal makes the Arbitral Award. If the advanced amount exceeds the actual expenses, the Centre shall refund the excess amount. If the actual expenses exceed the advanced amount, the parties shall pay the Centre the additional amount.

Article 36. Decision as to the fees of arbitration and other expenses

1. The Arbitral Tribunal shall allocate the fees of arbitration, unless otherwise agreed by the parties.

2. The Arbitral Tribunal shall have the power to decide that one party shall pay all or part of the legal fees or other reasonable expenses incurred by the other party.

CHAPTER VI. EXPEDITED PROCEDURE

Article 37. Expedited procedure

1.  An Expedited procedure shall be applied in resolving the dispute of parties if the parties have agreed so.

2. In conducting an Expedited procedure, the following regulations shall be applied:

a) The Arbitral Tribunal shall comprise a Sole Arbitrator unless the parties have agreed otherwise;

b) The Centre or the Arbitral Tribunal may shorten any time limits set out in these Arbitration Rules;

c) The Arbitral Tribunal may rely on the documents and evidence readily available to proceed with a hearing without the presence of the parties, unless there is an objection of either party. The Arbitral Tribunal may also conduct the hearing by means of teleconference, video-conference or by any other appropriate means unless there is an objection of either party.

CHAPTER VII. GENERAL PROVISIONS

Article 38. General provisions

1. The Centre does not itself resolve disputes. Disputes shall be resolved by Arbitral Tribunals.

2. The dispute resolution by arbitration at the Centre may not be made public, unless the parties have agreed otherwise. The Arbitral Tribunal may introduce appropriate measures if either party is found to violate such provision.

3. The parties may agree to shorten the various time limits relating to the Centre or the Arbitral Tribunal in accordance with these Arbitration Rules provided that such an agreement is approved by the Centre or the Arbitral Tribunal.

4. In case a party becomes aware of a breach of the provisions of the laws on Arbitration or that of these Arbitration Rules or that of the Arbitration Agreement and proceeds with the arbitration without raising its objection to such breach within the time limits stipulated in these Arbitration Rules, it shall be deemed to have waived its right to object. In the absence of regulations on such time limits, such objections must be raised before the Arbitral Tribunal declares the final hearing unless the parties have agreed otherwise

5. In all matters not expressly provided for in these Arbitration Rules, the Centre and the Arbitral Tribunal shall act in the spirit of these Arbitration Rules and make all efforts for the dispute to be resolved fairly and efficiently.

6. The Centre’s President may authorize the Centre’s Vice Presidents to make decisions on his behalf as provided in these Arbitration Rules.

7. The Centre’s Secretaries shall perform their duties in arbitral proceedings as under these Arbitration Rules and the Centre’s regulations.

8. The Centre may authorize its branches to perform its duties specified in these Arbitration Rules.