ICSID Dodatna arbitražna pravila (engleski tekst)

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ICSID Dodatna arbitražna pravila (engleski tekst)

Chapter IČl. Article 1

Introduction

Article1

Scope of Application

Where the parties to a dispute have agreed that it shall be referred to arbitration under the Arbitration (Additional Facility) Rules, the dispute shall be settled in accordance with these Rules,save that if any ofthese Rules is in conflict with a provision ofthe law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.

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Chapter IIČl. Article 2–Article 5

Institution of Proceedings

Article2

The Request

(1) Any State or any national of a State wishing to institute arbi- tration proceedings shall send a request to that effect in writing to the Secretariat at the seat of the Centre.It shall be drawn up in an official language of the Centre, shall be dated and shall be signed by the requesting party or its duly authorized representative.
(2) The request may be made jointly by the parties to the dispute.

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Article3

Contents of the Request

(1) The request shall:
a)
designate precisely each party to the dispute and state the address of each;
b)
set forth the relevant provisions embodying the agreement of the parties to refer the dispute to arbitration;
c)
indicate the date ofapproval by the Secretary-General pur- suant to
Article 4 of the Additional Facility Rules
 of the agreement of the parties providing for access to the Addi- tional Facility;
d)
contain information concerning the issues in dispute and an indication of the amount involved,if any;and
e)
state,ifthe requesting party is a juridical person,that it has taken all necessary internal actions to authorize the request.
(2) The request may in addition set forth any provisions agreed by the parties regarding the number ofarbitrators and the method oftheir appointment,as well as any other provisions agreed concerning the set- tlement of the dispute.
(3) The request shall be accompanied by five additional signed copies and by the fee prescribed pursuant to Regulation 16 of the Administrative and Financial Regulation of the Centre.

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Article4

Registration of the Request

As soon as the Secretary-General shall have satisfied himselfthat the request conforms in form and substance to the provisions ofArticle 3 of these Rules, he shall register the request in the Arbitration (Additional Facility) Register and on the same day dispatch to the parties a notice of registration. He shall also transmit a copy of the request and of the accompanying documentation (ifany) to the other party to the dispute.

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Article5

Notice of Registration

The notice of registration of a request shall:
a)
record that the request is registered and indicate the date of the registration and of the dispatch of the notice;
b)
notify each party that all communications in connection with the proceeding will be sent to the address stated in the request,unless another address is indicated to the Secretariat;
c)
unless such information has already been provided, invite the parties to communicate to the Secretary-General any provisions agreed by them regarding the number and the method of appointment of the arbitrators;
d)
remind the parties that the registration of the request is without prejudice to the powers and functions ofthe Arbi- tral Tribunal in regard to competence and the merits;and
e)
invite the parties to proceed,as soon as possible,to consti- tute an Arbitral Tribunal in accordance with Chapter III of these Rules.

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Chapter IIIČl. Article 6–Article 18

The Tribunal

Article6

General Provisions

(1) In the absence of agreement between the parties regarding the number of arbitrators and the method of their appointment, the Tri- bunal shall consist ofthree arbitrators,one arbitrator appointed by each party and the third, who shall be the President of the Tribunal, appointed by agreement of the parties,all in accordance with
Article 9
 of these Rules.
(2) Upon the dispatch ofthe notice ofregistration ofthe request for arbitration,the parties shall promptly proceed to constitute a Tribunal.
(3) The Tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree.
(4) If the Tribunal shall not have been constituted within 90 days after the notice of registration of the request for arbitration has been dispatched by the Secretary-General,or such other period as the parties may agree, the Chairman of the Administrative Council (hereinafter called the “Chairman”) shall, at the request in writing of either party transmitted through the Secretary-General, appoint the arbitrator or arbitrators not yet appointed and, unless the President shall already have been designated or is to be designated later,designate an arbitra- tor to be President of the Tribunal.
(5) Except as the parties shall otherwise agree,no person who had previously acted as a conciliator or arbitrator in any proceeding for the settlement ofthe dispute or as a member ofany fact-finding committee relating thereto may be appointed as a member of the Tribunal.

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Article7

Nationality of Arbitrators

(1) The majority ofthe arbitrators shall be nationals ofStates other than the State party to the dispute and of the State whose national is a party to the dispute, unless the sole arbitrator or each individual member of the Tribunal is appointed by agreement of the parties. Where the Tribunal is to consist of three members,a national of either ofthese States may not be appointed as an arbitrator by a party without the agreement of the other party to the dispute.Where the Tribunal is to consist of five or more members, nationals of either of these States may not be appointed as arbitrators by a party if appointment by the other party ofthe same number ofarbitrators ofeither ofthese nation- alities would result in a majority of arbitrators of these nationalities.
(2) Arbitrators appointed by the Chairman shall not be nationals ofthe State party to the dispute or ofthe State whose national is a party to the dispute.

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Article8

Qualifications of Arbitrators

Arbitrators shall be persons ofhigh moral character and recognized competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgment.

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Article9

Method of Constituting the Tribunal in the Absence of Agreement Between the Parties

(1) If the parties have not agreed upon the number of arbitrators and the method of their appointment within 60 days after the registra- tion of the request, the Secretary-General shall, upon the request of either party promptly inform the parties that the Tribunal is to be con- stituted in accordance with the following procedure:
a)
either party shall,in a communication to the other party:
(i)
name two persons,identifying one of them,who shall not have the same nationality as nor be a national of either party,as the arbitrator appointed by it,and the other as the arbitrator proposed to be the President of the Tribunal;and
(ii)
invite the other party to concur in the appointment of the arbitrator proposed to be the President of the Tri- bunal and to appoint another arbitrator;
b)
promptly upon receipt of this communication the other party shall,in its reply:
(i)
name a person as the arbitrator appointed by it, who shall not have the same nationality as nor be a national of either party;and
(ii)
concur in the appointment of the arbitrator proposed to be the President of the Tribunal or name another person as the arbitrator proposed to be President;and
c)
promptly upon receipt of the reply containing such a pro- posal, the initiating party shall notify the other party whether it concurs in the appointment of the arbitrator proposed by that party to be the President of the Tribunal.
(2) The communications provided for in
paragraph (1) of this Article
 shall be made or promptly confirmed in writing and shall either be transmitted through the Secretary-General or directly between the parties with a copy to the Secretary-General.

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Article10

Appointment of Arbitrators and Designation of President of Tribunal by the Chairman of the Administrative Council

(1) Promptly upon receipt of a request by a party to the Chairman to make an appointment or designation pursuant to
Article 6(4)
 ofthese Rules,the Secretary-General shall send a copy thereofto the other party.
(2) The Chairman shall use his best efforts to comply with that request within 30 days after its receipt.Before he proceeds to make appointments or a designation,he shall consult both parties as far as possible.
(3) The Secretary-General shall promptly notify the parties of any appointment or designation made by the Chairman.

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Article11

Acceptance of Appointments

(1) The party or parties concerned shall notify the Secretary-Gen- eral of the appointment of each arbitrator and indicate the method of his appointment.
(2) As soon as the Secretary-General has been informed by a party or the Chairman of the appointment of an arbitrator,he shall seek an acceptance from the appointee.
(3) If an arbitrator fails to accept his appointment within 15 days, the Secretary-General shall promptly notify the parties, and if appro- priate the Chairman,and invite them to proceed to the appointment of another arbitrator in accordance with the method followed for the pre- vious appointment.

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Article12

Replacement of Arbitrators prior to Constitution of the Tribunal

At any time before the Tribunal is constituted, each party may replace any arbitrator appointed by it and the parties may by common consent agree to replace any arbitrator.

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Article13

Constitution of the Tribunal

(1) The Tribunal shall be deemed to be constituted and the pro- ceeding to have begun on the date the Secretary-General notifies the parties that all the arbitrators have accepted their appointment.
(2) Before or at the first session of the Tribunal, each arbitrator shall sign a declaration in the following form: “To the best of my knowledge there is no reason why I should not serve on the Arbitral Tribunal constituted with respect to a dispute between ______________________ and ____________________. “I shall keep confidential all information coming to my knowledge as a result ofmy participation in this proceeding,as well as the con- tents of any award made by the Tribunal. “I shall judge fairly as between the parties and shall not accept any instruction or compensation with regard to the proceeding from any source except as provided in the Administrative and Financial Regulations of the Centre. “Attached is a statement of (a) my past and present professional, business and other relationships (ifany) with the parties and (b) any other circumstance that might cause my reliability for independent judgment to be questioned by a party.I acknowledge that by signing this declaration,I assume a continuing obligation promptly to notify the Secretary-General of the Centre of any such relationship or cir- cumstance that subsequently arises during this proceeding.” Any arbitrator failing to sign such a declaration by the end of the first session of the Tribunal shall be deemed to have resigned.

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Article14

Replacement of Arbitrators after Constitution of the Tribunal

(1) After a Tribunal has been constituted and proceedings have begun, its composition shall remain unchanged; provided, however, that if an arbitrator should die,become incapacitated,resign or be dis- qualified,the resulting vacancy shall be filled as provided in this Article and
Article 17
 of these Rules.
(2) Ifan arbitrator becomes incapacitated or unable to perform the duties of his office, the procedure in respect of the disqualification of arbitrators set forth in
Article 15
 shall apply.
(3) An arbitrator may resign by submitting his resignation to the other members of the Tribunal and the Secretary-General.If the arbi- trator was appointed by one of the parties, the Tribunal shall promptly consider the reasons for his resignation and decide whether it consents thereto.The Tribunal shall promptly notify the Secretary- General of its decision.

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Article15

Disqualification of Arbitrators

(1) A party may propose to a Tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by
Article 8
 of these Rules, or on the ground that he was ineligible for appointment to the Tribunal under
Article 7
 of these Rules.
(2) A party proposing the disqualification of an arbitrator shall promptly,and in any event before the proceeding is declared closed,file its proposal with the Secretary-General,stating its reasons therefor.
(3) The Secretary-General shall forthwith:
a)
transmit the proposal to the members of the Tribunal and, ifit relates to a sole arbitrator or to a majority ofthe mem- bers of the Tribunal,to the Chairman;and
b)
notify the other party of the proposal.
(4) The arbitrator to whom the proposal relates may,without delay, furnish explanations to the Tribunal or the Chairman,as the case may be.
(5) The decision on any proposal to disqualify an arbitrator shall be taken by the other members of the Tribunal except that where those members are equally divided,or in the case of a proposal to disqualify a sole arbitrator, or a majority of the arbitrators, the Chairman shall take that decision.
(6) Whenever the Chairman has to decide on a proposal to dis- qualify an arbitrator, he shall use his best efforts to take that decision within 30 days after he has received the proposal.
(7) The proceeding shall be suspended until a decision has been taken on the proposal.

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Article16

Procedure during a Vacancy on the Tribunal

(1) The Secretary-General shall forthwith notify the parties and,if necessary, the Chairman of the disqualification, death, incapacity or resignation ofan arbitrator and ofthe consent,ifany,ofthe Tribunal to a resignation.
(2) Upon the notification by the Secretary-General ofa vacancy on the Tribunal, the proceeding shall be or remain suspended until the vacancy has been filled.

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Article17

Filling Vacancies on the Tribunal

(1) Except as provided in
paragraph (2) of this Article
, a vacancy resulting from the disqualification, death, incapacity or resignation of an arbitrator shall be promptly filled by the same method by which his appointment had been made.
(2) In addition to filling vacancies relating to arbitrators appointed by him,the Chairman shall:
a)
fill a vacancy caused by the resignation, without the con- sent of the Tribunal,of an arbitrator appointed by a party; or
b)
at the request of either party, fill any other vacancy, if no new appointment is made and accepted within 45 days of the notification of the vacancy by the Secretary-General.
(3) In filling a vacancy the party or the Chairman,as the case may be, shall observe the provisions of these Rules with respect to the appointment of arbitrators.
Article 13(2)
 of these Rules shall apply mutatis mutandisto the newly appointed arbitrator.

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Article18

Resumption of Proceeding after Filling a Vacancy

As soon as a vacancy on the Tribunal has been filled,the proceed- ing shall continue from the point it had reached at the time the vacancy occurred. The newly appointed arbitrator may, however, require that the oral procedure be recommenced,if this had already been started.

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Chapter IVČl. Article 19–Article 20

Place of Arbitration

Article19

Limitation on Choice of Forum

Arbitration proceedings shall be held only in States that are parties to the 1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

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Article20

Determination of Place of Arbitration

(1) Subject to
Article 19
 ofthese Rules the place ofarbitration shall be determined by the Arbitral Tribunal after consultation with the par- ties and the Secretariat.
(2) The Arbitral Tribunal may meet at any place it deems appro- priate for the inspection ofgoods,other property or documents.It may also visit any place connected with the dispute or conduct inquiries there.The parties shall be given sufficient notice to enable them to be present at such inspection or visit.
(3) The award shall be made at the place of arbitration.

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Chapter VČl. Article 21–Article 26

Working of the Tribunal

Article21

Sessions of the Tribunal

(1) The Tribunal shall meet for its first session within 60 days after its constitution or such other period as the parties may agree.The dates of that session shall be fixed by the President of the Tribunal after con- sultation with its members and the Secretariat,and with the parties as far as possible.If,upon its constitution,the Tribunal has no President,such dates shall be fixed by the Secretary-General after consultation with the members of the Tribunal,and with the parties as far as possible.
(2) Subsequent sessions shall be convened by the President within time limits determined by the Tribunal.The dates ofsuch sessions shall be fixed by the President of the Tribunal after consultation with its members and the Secretariat,and with the parties as far as possible.
(3) The Secretary-General shall notify the members ofthe Tribunal and the parties of the dates and place of the sessions of the Tribunal in good time.

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Article22

Sittings of the Tribunal

(1) The President of the Tribunal shall conduct its hearings and preside at its deliberations.
(2) Except as the parties otherwise agree,the presence of a major- ity of the members of the Tribunal shall be required at its sittings.
(3) The President of the Tribunal shall fix the date and hour of its sittings.

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Article23

Deliberations of the Tribunal

(1) The deliberations ofthe Tribunal shall take place in private and remain secret.
(2) Only members ofthe Tribunal shall take part in its deliberations. No other person shall be admitted unless the Tribunal decides otherwise.

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Article24

Decisions of the Tribunal

(1) Any award or other decision ofthe Tribunal shall be made by a majority of the votes of all its members.Abstention by any member of the Tribunal shall count as a negative vote.
(2) Except as otherwise provided by these Rules or decided by the Tribunal,it may take any decisions by correspondence among its mem- bers,provided that all ofthem are consulted.Decisions so taken shall be certified by the President of the Tribunal.

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Article25

Incapacity of the President

Ifat any time the President ofthe Tribunal should be unable to act, his functions shall be performed by one of the other members of the Tribunal,acting in the order in which the Secretariat had received the notice of their acceptance of their appointment to the Tribunal.

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Article26

Representation of the Parties

(1) Each party may be represented or assisted by agents,counsel or advocates whose names and authority shall be notified by that party to the Secretariat, which shall promptly inform the Tribunal and the other party.
(2) For the purposes of these Rules, the expression “party” includes, where the context so admits, an agent, counsel or advocate authorized to represent that party.

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Chapter VIČl. Article 27–Article 35

General Procedural Provisions

Article27

Procedural Orders

The Tribunal shall make the orders required for the conduct of the proceeding.

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Article28

Preliminary Procedural Consultation

(1) As early as possible after the constitution of a Tribunal, its President shall endeavor to ascertain the views of the parties regard- ing questions of procedure.For this purpose he may request the par- ties to meet him. He shall, in particular, seek their views on the following matters:
a)
the number ofmembers ofthe Tribunal required to consti- tute a quorum at its sittings;
b)
the language or languages to be used in the proceeding;
c)
the number and sequence of the pleadings and the time limits within which they are to be filed;
d)
the number of copies desired by each party of instruments filed by the other;
e)
dispensing with the written or oral procedure;
f)
the manner in which the cost of the proceeding is to be apportioned;and
g)
the manner in which the record ofthe hearings shall be kept.
(2) In the conduct of the proceeding the Tribunal shall apply any agreement between the parties on procedural matters, which is not inconsistent with any provisions ofthe Additional Facility Rules and the Administrative and Financial Regulations of the Centre.

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Article29

Pre-Hearing Conference

(1) At the request of the Secretary-General or at the discretion of the President of the Tribunal, a pre-hearing conference between the Tribunal and the parties may be held to arrange for an exchange of information and the stipulation of uncontested facts in order to expe- dite the proceeding.
(2) At the request of the parties,a pre-hearing conference between the Tribunal and the parties,duly represented by their authorized rep- resentatives,may be held to consider the issues in dispute with a view to reaching an amicable settlement.

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Article30

Procedural Languages

(1) The parties may agree on the use of one or two languages to be used in the proceeding,provided that ifthey agree on any language that is not an official language of the Centre,the Tribunal,after con- sultation with the Secretary-General,gives its approval.If the parties do not agree on any such procedural language, each of them may select one of the official languages (i.e.,English,French and Spanish) for this purpose. Notwithstanding the foregoing, one of the official languages of the Centre shall be used for all communications to and from the Secretariat.
(2) If two procedural languages are selected by the parties, any instrument may be filed in either language.Either language may be used at the hearing subject, if the Tribunal so requires, to translation and interpretation.The orders and the award of the Tribunal shall be ren- dered and the record kept in both procedural languages,both versions being equally authentic.

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Article31

Copies of Instruments

Except as otherwise provided by the Tribunal after consultation with the parties and the Secretariat,every request,pleading,application, written observation or other instrument shall be filed in the form of a signed original accompanied by the following number of additional copies:
a)
before the number of members of the Tribunal has been determined:five;and
b)
after the number of members of the Tribunal has been determined:two more than the number of its members.

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Article32

Supporting Documentation

Supporting documentation shall ordinarily be filed together with the instrument to which it relates,and in any case within the time limit fixed for the filing of such instrument.

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Article33

Time Limits

(1) Where required, time limits shall be fixed by the Tribunal by assigning dates for the completion of the various steps in the proceed- ing.The Tribunal may delegate this power to its President.
(2) The Tribunal may extend any time limit that it has fixed.If the Tribunal is not in session,this power shall be exercised by its President.
(3) Any step taken after expiration of the applicable time limit shall be disregarded unless the Tribunal,in special circumstances and after giving the other party an opportunity of stating its views, decides otherwise.

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Article34

Waiver

A party which knows or ought to have known that a provision of these Rules,of any other rules or agreement applicable to the proceed- ing, or of an order of the Tribunal has not been complied with and which fails to state promptly its objections thereto,shall be deemed to have waived the right to object.

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Article35

Filling of Gaps

Ifany question ofprocedure arises which is not covered by these Rules or any rules agreed by the parties,the Tribunal shall decide the question.

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Chapter VIIČl. Article 36–Article 44

Written and Oral Procedures

Article36

Normal Procedures

Except ifthe parties otherwise agree,the proceeding shall comprise two distinct phases:a written procedure followed by an oral one.

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Article37

Transmission of the Request

As soon as the Tribunal is constituted,the Secretary-General shall transmit to each member ofthe Tribunal a copy ofthe request by which the proceeding was commenced,of the supporting documentation,of the notice of registration of the request and of any communication received from either party in response thereto.

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Article38

The Written Procedure

(1) In addition to the request for arbitration,the written procedure shall consist of the following pleadings, filed within time limits set by the Tribunal:
a)
a memorial by the requesting party;
b)
a counter-memorial by the other party;
and,if the parties so agree or the Tribunal deems it necessary:
c)
a reply by the requesting party;and
d)
a rejoinder by the other party.
(2) If the request was made jointly, each party shall, within the same time limit determined by the Tribunal,file its memorial.However, the parties may instead agree that one ofthem shall,for the purposes of
paragraph (1) of this Article
,be considered as the requesting party.
(3) A memorial shall contain: a statement of the relevant facts; a statement of law; and the submissions. A counter-memorial, reply or rejoinder shall contain an admission or denial of the facts stated in the last previous pleading; any additional facts, if necessary; observations concerning the statement of law in the last previous pleading; a state- ment of law in answer thereto;and the submissions.

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Article39

The Oral Procedure

(1) The oral procedure shall consist of the hearing by the Tri- bunal of the parties, their agents, counsel and advocates, and of wit- nesses and experts.
(2) Unless either party objects, the Tribunal, after consultation with the Secretary-General, may allow other persons, besides the par- ties, their agents, counsel and advocates, witnesses and experts during their testimony,and officers of the Tribunal,to attend or observe all or part ofthe hearings,subject to appropriate logistical arrangements.The Tribunal shall for such cases establish procedures for the protection of proprietary or privileged information.
(3) The members of the Tribunal may, during the hearings, put questions to the parties, their agents, counsel and advocates, and ask them for explanations.

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Article40

Marshalling of Evidence

Without prejudice to the rules concerning the production ofdocu- ments,each party shall,within time limits fixed by the Tribunal,com- municate to the Secretary-General,for transmission to the Tribunal and the other party, precise information regarding the evidence which it intends to produce and that which it intends to request the Tribunal to call for, together with an indication of the points to which such evi- dence will be directed.

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Article41

Evidence: General Principles

(1) The Tribunal shall be the judge ofthe admissibility ofany evi- dence adduced and of its probative value.
(2) The Tribunal may,if it deems it necessary at any stage of the proceeding, call upon the parties to produce documents, witnesses and experts.
(3) After consulting both parties,the Tribunal may allow a person or entity that is not a party to the dispute (in this Article called the “non-disputing party”) to file a written submission with the Tribunal regarding a matter within the scope of the dispute. In determining whether to allow such a filing, the Tribunal shall consider, among other things,the extent to which:
a)
the non-disputing party submission would assist the Tri- bunal in the determination of a factual or legal issue related to the proceeding by bringing a perspective, par- ticular knowledge or insight that is different from that of the disputing parties; (b)the non-disputing party submission would address a matter within the scope of the dispute;
c)
the non-disputing party has a significant interest in the proceeding.
The Tribunal shall ensure that the non-disputing party submis- sion does not disrupt the proceeding or unduly burden or unfairly prejudice either party,and that both parties are given an opportunity to present their observations on the non-disputing party submission.

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Article42

Examination of Witnesses and Experts

Witnesses and experts shall be examined before the Tribunal by the parties under the control of its President.Questions may also be put to them by any member of the Tribunal.

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Article43

Witnesses and Experts: Special Rules

The Tribunal may:
a)
admit evidence given by a witness or expert in a written deposition;
b)
with the consent of both parties,arrange for the examina- tion of a witness or expert otherwise than before the Tri- bunal itself.The Tribunal shall define the procedure to be followed. The parties may participate in the examination; and
c)
appoint one or more experts, define their terms of refer- ence,examine their reports and hear from them in person.

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Article44

Closure of the Proceeding

(1) When the presentation of the case by the parties is completed, the proceeding shall be declared closed.
(2) Exceptionally,the Tribunal may,before the award has been ren- dered,reopen the proceeding on the ground that new evidence is forth- coming of such a nature as to constitute a decisive factor,or that there is a vital need for clarification on certain specific points.

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Chapter VIIIČl. Article 45–Article 51

Particular Procedures

Article45

Preliminary Objections

(1) The Tribunal shall have the power to rule on its competence. For the purposes ofthis Article,an agreement providing for arbitration under the Additional Facility shall be separable from the other terms of the contract in which it may have been included.
(2) Any objection that the dispute is not within the competence of the Tribunal shall be filed with the Secretary-General as soon as possi- ble after the constitution of the Tribunal and in any event no later than the expiration of the time limit fixed for the filing of the counter- memorial or,if the objection relates to an ancillary claim,for the filing of the rejoinder—unless the facts on which the objection is based are unknown to the party at that time.
(3) The Tribunal may on its own initiative consider,at any stage of the proceeding,whether the dispute before it is within its competence.
(4) Upon the formal raising ofan objection relating to the dispute, the Tribunal may decide to suspend the proceeding on the merits.The President of the Tribunal, after consultation with its other members, shall fix a time limit within which the parties may file observations on the objection.
(5) The Tribunal shall decide whether or not the further proce- dures relating to the objection made pursuant to
paragraph (2)
 shall be oral.It may deal with the objection as a preliminary question or join it to the merits of the dispute.If the Tribunal overrules the objection or joins it to the merits,it shall once more fix time limits for the further procedures.
(6) Unless the parties have agreed to another expedited procedure for making preliminary objections, a party may, no later than 30 days after the constitution of the Tribunal,and in any event before the first session ofthe Tribunal,file an objection that a claim is manifestly with- out legal merit.The party shall specify as precisely as possible the basis for the objection.The Tribunal,after giving the parties the opportunity to present their observations on the objection,shall,at its first session or promptly thereafter, notify the parties of its decision on the objec- tion.The decision ofthe Tribunal shall be without prejudice to the right ofa party to file an objection pursuant to
paragraph (2)
 or to object,in the course of the proceeding,that a claim lacks legal merit.
(7) Ifthe Tribunal decides that the dispute is not within its compe- tence or that all claims are manifestly without legal merit,it shall issue an award to that effect.

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Article46

Provisional Measures of Protection

(1) Unless the arbitration agreement otherwise provides, either party may at any time during the proceeding request that provisional measures for the preservation of its rights be ordered by the Tribunal. The Tribunal shall give priority to the consideration of such a request.
(2) The Tribunal may also recommend provisional measures on its own initiative or recommend measures other than those specified in a request.It may at any time modify or revoke its recommendations.
(3) The Tribunal shall order or recommend provisional measures, or any modification or revocation thereof,only after giving each party an opportunity of presenting its observations.
(4) The parties may apply to any competent judicial authority for interim or conservatory measures. By doing so they shall not be held to infringe the agreement to arbitrate or to affect the powers of the Tribunal.

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Article47

Ancillary Claims

(1) Except as the parties otherwise agree, a party may present an incidental or additional claim or counter-claim,provided that such ancil- lary claim is within the scope ofthe arbitration agreement ofthe parties.
(2) An incidental or additional claim shall be presented not later than in the reply and a counter-claim no later than in the counter- memorial,unless the Tribunal,upon justification by the party present- ing the ancillary claim and upon considering any objection of the other party,authorizes the presentation of the claim at a later stage in the proceeding.

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Article48

Default

(1) Ifa party fails to appear or to present its case at any stage ofthe proceeding, the other party may request the Tribunal to deal with the questions submitted to it and to render an award.
(2) Whenever such a request is made by a party the Tribunal shall promptly notify the defaulting party thereof.Unless the Tribunal is sat- isfied that that party does not intend to appear or to present its case in the proceeding,it shall,at the same time,grant a period ofgrace and to this end:
a)
ifthat party had failed to file a pleading or any other instru- ment within the time limit fixed therefor, fix a new time limit for its filing;or
b)
if that party had failed to appear or present its case at a hearing,fix a new date for the hearing.
The period of grace shall not, without the consent of the other party,exceed 60 days.
(3) After the expiration of the period of grace or when, in accor- dance with
paragraph (2) of this Article
,no such period is granted,the Tribunal shall examine whether the dispute is within its jurisdiction and, if it is satisfied as to its jurisdiction, decide whether the submis- sions made are well-founded in fact and in law.To this end,it may,at any stage of the proceeding,call on the party appearing to file observa- tions,produce evidence or submit oral explanations.

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Article49

Settlement and Discontinuance

(1) If, before the award is rendered, the parties agree on a settle- ment ofthe dispute or otherwise to discontinue the proceeding,the Tri- bunal, or the Secretary-General if the Tribunal has not yet been constituted, or has not yet met, shall, at their written request, in an order take note of the discontinuance of the proceeding.
(2) Ifrequested by both parties and accepted by the Tribunal,the Tribunal shall record the settlement in the form ofan award.The Tri- bunal shall not be obliged to give reasons for such an award.The par- ties will accompany their request with the full and signed text oftheir settlement.

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Article50

Discontinuance at Request of a Party

If a party requests the discontinuance of the proceeding,the Tri- bunal,or the Secretary-General if the Tribunal has not yet been con- stituted, shall in an order fix a time limit within which the other party may state whether it opposes the discontinuance. If no objec- tion is made in writing within the time limit, the Tribunal, or if appropriate the Secretary-General,shall in an order take note of the discontinuance of the proceeding.If objection is made,the proceed- ing shall continue.

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Article51

Discontinuance for Failure of Parties to Act

Ifthe parties fail to take any steps in the proceeding during six con- secutive months or such period as they may agree with the approval of the Tribunal, or of the Secretary-General if the Tribunal has not yet been constituted, they shall be deemed to have discontinued the pro- ceeding and the Tribunal,or ifappropriate the Secretary-General,shall, after notice to the parties,in an order take note of the discontinuance.

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Chapter IXČl. Article 52–Article 57

The Award

Article52

The Award

(1) The award shall be made in writing and shall contain:
a)
a precise designation of each party;
b)
a statement that the Tribunal was established under these Rules,and a description of the method of its constitution;
c)
the name of each member of the Tribunal,and an identifi- cation of the appointing authority of each;
d)
the names of the agents,counsel and advocates of the par- ties;
e)
the dates and place of the sittings of the Tribunal;
f)
a summary of the proceeding;
g)
a statement of the facts as found by the Tribunal;
h)
the submissions of the parties;
i)
the decision ofthe Tribunal on every question submitted to it, together with the reasons upon which the decision is based;and
j)
any decision of the Tribunal regarding the cost of the proceeding.
(2) The award shall be signed by the members ofthe Tribunal who voted for it;the date of each signature shall be indicated.Any member ofthe Tribunal may attach his individual opinion to the award,whether he dissents from the majority or not,or a statement of his dissent.
(3) If the arbitration law of the country where the award is made requires that it be filed or registered by the Tribunal,the Tribunal shall comply with this requirement within the period oftime required by law.
(4) The award shall be final and binding on the parties.The parties waive any time limits for the rendering ofthe award which may be pro- vided for by the law of the country where the award is made.

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Article53

Authentication of the Award; Certified Copies; Date

(1) Upon signature by the last arbitrator to sign, the Secretary- General shall promptly:
a)
authenticate the original text ofthe award and deposit it in the archives ofthe Secretariat,together with any individual opinions and statements of dissent;and
b)
dispatch a certified copy ofthe award (including individual opinions and statements of dissent) to each party,indicat- ing the date of dispatch on the original text and on all copies;
provided,however,that ifthe original text ofthe award must be filed or registered as contemplated by
Article 52(3)
 ofthese Rules the Secretary- General shall do so on behalfofthe Tribunal or return the award to the Tribunal for this purpose.
(2) The award shall be deemed to have been rendered on the date on which the certified copies were dispatched.
(3) Except to the extent required for any registration or filing ofthe award by the Secretary-General under
paragraph (1)
 ofthis Article,the Secretariat shall not publish the award without the consent of the par- ties. The Secretariat shall, however, promptly include in the publica- tions of the Centre excerpts of the legal reasoning of the Tribunal.

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Article54

Applicable Law

(1) The Tribunal shall apply the rules oflaw designated by the par- ties as applicable to the substance of the dispute.Failing such designa- tion by the parties,the Tribunal shall apply (a) the law determined by the conflict of laws rules which it considers applicable and (b) such rules of international law as the Tribunal considers applicable.
(2) The Tribunal may decide ex aequo et bono if the parties have expressly authorized it to do so and if the law applicable to the arbitra- tion so permits.

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Article55

Interpretation of the Award

(1) Within 45 days after the date of the award either party, with notice to the other party,may request that the Secretary-General obtain from the Tribunal an interpretation of the award.
(2) The Tribunal shall determine the procedure to be followed.
(3) The interpretation shall form part of the award,and the provi- sions ofArticles 52 and 53 of these Rules shall apply.

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Article56

Correction of the Award

(1) Within 45 days after the date of the award either party, with notice to the other party,may request the Secretary-General to obtain from the Tribunal a correction in the award ofany clerical,arithmetical or similar errors.The Tribunal may within the same period make such corrections on its own initiative.
(2) The provisions of
Articles 52
 and 53 of these Rules shall apply to such corrections.

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Article57

Supplementary Decisions

(1) Within 45 days after the date of the award either party, with notice to the other party may request the Tribunal,through the Secre- tary-General,to decide any question which it had omitted to decide in the award.
(2) The Tribunal shall determine the procedure to be followed.
(3) The decision ofthe Tribunal shall become part ofthe award and the provisions ofArticles 52 and 53 of these Rules shall apply thereto.

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Chapter XČl. Article 58

Costs

Article58

Cost of Proceeding

(1) Unless the parties otherwise agree, the Tribunal shall decide how and by whom the fees and expenses of the members of the Tri- bunal, the expenses and charges of the Secretariat and the expenses incurred by the parties in connection with the proceeding shall be borne. The Tribunal may, to that end, call on the Secretariat and the parties to provide it with the information it needs in order to formulate the division of the cost of the proceeding between the parties.
(2) The decision of the Tribunal pursuant to
paragraph (1) of this Article
 shall form part of the award.

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Chapter XIČl. Article 59

General Provisions

Article59

Final Provision

The text of these Rules in each official language of the Centre shall be equally authentic.

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