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COMPARISON OF THE ISTANBUL INTERNATIONAL INSTITUTION ARBITRATION RULES TO THE OTHER INTERNATIONAL

INSTITUTION ARBITRATION RULES

Assist. Prof. Dr. Hacı Kara*

ISTANBUL ARBITRATION CENTRE (ISTAC)

ISTANBUL CHAMBER of COMMERCE ARBITRATION

CENTRE (ITOTAM)

INTERNATIONAL CHAMBER OF COMMERCE

– PARIS (ICC)1

SWISS CHAMBERS' ARBITRATION INSTITUTION

ARBITRATION INSTITUTE OF THE

STOCKHOLM CHAMBER OF COMMERCE

WEB ADDRESS http://istac.org.tr/en/ http://www.itotam.com/en/Default.aspx

www.iccarbitration.org

https://www.swissarbitration.org/sa/en/

http://www.sccinstitute.com

EFFECTIVE DATE “… Rules enter into force upon the approval of the Istanbul Arbitration Centre General Assembly” (Art. 45). The Rules entered into force date on 26 October 2015.

These Rules shall become effective upon approval of the Assembly of the Istanbul Chamber of Commerce (Art. 47/1). Rules are effective from 9 April 2015. Also, as of 14 April 2016 Emergency Arbitrator Rules (Annex III) and Expedited Arbitration Rules (Annex IV) have entered into force and ITOTAM Arbitration Rules have been revised accordingly.

Effective from 1 January 1988. The ICC‟S International Court of Arbitration ensures the application of the ICC Rules of Arbitration in arbitrations it administers. The ICC plays a key role in appointing arbitrators, fixing arbitrators‟ fees and scrutinising awards. The Costs scales set out in the ICC Rules are effective from 1 January 1998.

International as well as domestic arbitration cases may be submitted under the Swiss Rules of International Arbitration. The revised rules took effect on 1

st June 2012.

Adopted by the Stockholm Chamber of Commerce and in force as of 1 january 2010

INSTITUTIONAL INVOLVEMENT

Yes. “The Istanbul Arbitration Centre is an independent institution of arbitration…” (Art. 1).

Yes. Yes. Yes The Swiss Chambers of Commerce Association for Arbitration and Mediation Chambers of Commerce of Basel, Bern, Geneva, Neuchâtel, Ticino (Lugano), Vaud (Lausanne), Zurich

Yes

* Istanbul Medeniyet University, Faculty of Law 1 Comparison Of Arbitratıon Rules, http://www.kennedyslaw.com/files/Uploads/Documents/Comparison_of_Arbitration_Rules.pdf

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COMMENCEMENT OF

ARBITRATION

Any party wishing to commence an arbitration under the Rules shall submit its Request for Arbitration to the Secretariat along with the number of copies required by Article 4 of the Rules. The Secretariat shall notify the claimant and the respondent of the receipt of the request and the date of such receipt. (Art. 7/1) The date on which both the Request for Arbitration and the required registration fee are received by the Secretariat, shall be deemed to be the date of the commencement of the arbitration. (Art. 7/6)

1. A party who wishes to have recourse to arbitration shall submit its Request to the Secretariat. The Secretariat shall notify the Respondent of the receipt of the Request and the date of such receipt.

2. The date on which the Request and payment of the registration fee have been received by the Secretariat shall be deemed to be the date on which the arbitral proceedings are initiated. Art. 7).

Arbitration deemed to have commenced at date Secretariat receives a written Request for Arbitration (Art. 4/2). The Request for Arbitration must include the party‟s nomination for arbitrator. This is a time saving rule (Art. 4/3).

Arbitral proceedings shall be deemed to commence on the date on which the Notice of Arbitration is received by the Secretariat (Art. 3/2.

Arbitration is commenced on the date when the SCC receives the Request for Arbitration (Art. 4).

THE NOTICE OF ARBITRATION

Once the Secretariat has received sufficient copies of the Request for Arbitration and documents annexed thereto pursuant to Article 4 of the Rules along with the required registration fee, it shall immediately communicate a copy of the Request for Arbitration and its annexes to the respondent. (Art. 7/5)

…the Secretariat shall send a copy of the Request and the documents annexed thereto to the Respondent for its Answer (Art. 9).

A party wishing to have recourse to arbitration must submit a Request for Arbitration to the Secretariat. (Art. 4/3) The Request shall include a brief description of the claim, indication of amount involved and a proposal as to the number of arbitrators. (Art. 4/1)

The party initiating arbitration (Claimant or Claimants) shall submit a Notice of Arbitration to the Secretariat (Art. 3/1).

(Art. 2)The Claimant will submit a request for Arbitration.

RESPONSE TO THE NOTICE OF ARBITRATION / REQUEST FOR ARBITRATION

Within 30 days of the notification of the Request for Arbitration, the respondent shall submit its Answer to the Request for Arbitration to the Secretariat along with the number of copies required under Article 4 of the Rules. (Art. 8/1)

Within 30 days from the receipt of the Request from the Secretariat, the Respondent shall submit an Answer (the “Answer”) to the Secretariat (Art. 10/1).

The Respondent must file an Answer to the Request for Arbitration within 30 days after request from the Secretariat (Art. 5/1).

Within thirty days from the date of receipt of the Notice of Arbitration, the Respondent shall submit to the Secretariat an Answer to the Notice of Arbitration. The Answer to the Notice of Arbitration shall be submitted in as many copies as there are other parties,

The Secretariat shall send a copy of the Request for Ar-bitration and the documents attached thereto to the Re-spondent. The Secretariat shall set a time period within which the Respondent shall submit an Answer to the SCC (Art. 5/1).

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together with an additional copy for each arbitrator and one copy for the Secretariat (Art. 3/7).

STATEMENT OF CLAIM/STATEMENT

OF CASE

The Request for Arbitration shall include the following: a) Full names, titles,

addresses, telephone and facsimile numbers and email addresses of each of the parties and, if any, of their representatives;

b) Brief explanations on the subject matter, nature and circumstances of the dispute;

c) General information of the facts upon which relief sought by the claimant is based;

d) Along with the relief sought, the amount of the any quantified claims, and for the claims for which the amount cannot be determined, an estimate of their monetary value;

e) A copy of the Arbitration Agreement and any other relevant documents, which are considered necessary;

Statements concerning the number of arbitrators, the choice of arbitrators, the seat of arbitration, the language of arbitration and the applicable law (Art. 7/2).

1. The Request shall contain the following information:

a) The full name, trade name, address, telephone number, fax number and e-mail address of each of the parties and, if any, their representatives;

b) A clear description of the nature of the relevant dispute and legal grounds ;

c) The relief or remedy sought and indication of the amount of the claim, if any;

ç) Any contract between the parties and especially the arbitration agreement or arbitration clause;

d) Proposal of the Claimant as to the number and the appointment procedure of arbitrators; identity of the arbitrator appointed by the Claimant if the parties have not agreed on appointment of a sole arbitrator to settle the dispute;

e) Proposal of an arbitrator if the parties have agreed on appointment of a sole arbitrator to settle the dispute; and

Any comments regarding the place of arbitration, the applicable rules of law and the language of the arbitration (Art. 8/1).

Statement of Claim/ Case under the ICC Rules. The Request for Arbitration should set out details of claim including a description of the nature and circumstances of the dispute giving rise to the claim and a statement of the relief sought (Art. 4/3).

Within a period of time to be determined by the arbitral tribunal, and unless the Statement of Claim was contained in the Notice of Arbitration, the Claimant shall communicate its Statement of Claim in writing to the Respondent and to each of the arbitrators. A copy of the contract, and, if it is not con-tained in the contract, of the arbitration agreement, shall be annexed to the Statement of Claim (Art. 18/1).

A Request for Arbitration shall include:

(i) a statement of contact details of the parties and their counsel;

(ii) a summary of the dispute;

(iii) a preliminary statement of the relief sought by the Claimant;

(iv) a copy or description of the arbitration agreement or clause under which the dispute is to be settled;

(v) comments on the number of arbitrators and the seat of arbitration; and

(vi) if applicable, the name, address, telephone number, facsimile number and e-mail address of the arbitrator appointed by the Claimant (Art. 2).

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STATEMENT OF DEFENCE

The Answer to the Request for Arbitration shall include the following: a) Full names, titles,

addresses, telephone and facsimile numbers and email addresses of each of the parties and, if any, of their representatives;

b) Explanations concerning the nature, circumstances, grounds of the dispute and the facts, which the claimant provided in its Request for Arbitration;

c) Responses to the relief sought by the claimant;

d) All claims, defences and objections with respect to the existence, validity or content of the Arbitration Agreement;

e) Statements concerning the number of arbitrators, the choice of arbitrators, the seat of arbitration, the language of arbitration and the applicable law (Art. 8/2).

1. Within 30 days from the receipt of the Request from the Secretariat, the Respondent shall submit an Answer (the “Answer”) to the Secretariat.

2. The Answer shall contain the following information:

a) The full name, trade name, address, telephone number, fax number and e-mail address of each of the parties and, if any, their representatives;

b) the Answer to the Claimant‟s request(s) including nature of the relevant dispute, its legal grounds and the relief and remedy sought;

c) Comments regarding the number of arbitrators and their appointment in light of the Claimant‟s proposals and the Respondent‟s appointment of an arbitrator; and

ç) Any comments regarding the place of arbitration, the applicable rules of law and the language of the arbitration. Respondent may submit such other information and documents with the Answer as may contribute to the efficient resolution of the dispute (Art. 10/1)

No Statement of Defence under the ICC Rules. The Respondent shall file an Answer to the Statement of Claim within 30 days after request from Secretariat to do so. The Answer should include the Respondent‟s comments to the nature and circumstances of the dispute and response to the relief sought (Art. 5/1). Any counterclaim made by the Respondent shall be filed with its Answer to the Request for Arbitration (Art. 5/5).

W ithin a period of time to be determined by the arbitral tribunal, and unless the Statement of Defence was contained in the Answer to the Notice of Arbitration, the Respondent shall communicate its Statement of Defence in writing to the Claimant and to each of the arbitrators (Art. 19/1).

The Answer shall include: (i) any objections

concerning the existence, validity or applicability of the arbitration agreement;

(ii) an admission or denial of the relief sought in the Request for Arbitration;

(iii) a preliminary statement of any counterclaims or setoffs;

(iv) comments on the number of arbitrators and the seat of arbitration; and

if applicable, the name, address, telephone number, facsimile number and e-mail address of the arbitrator appointed by the Respondent (Art. 5/1).

NUMBER OF ARBITRATORS

The parties are free to agree on the number of arbitrators. In cases where the parties agree on more than one arbitrator, the number of

The parties may agree that the disputes shall be decided by a sole arbitrator or by an arbitral tribunal. An Arbitral Tribunal shall consist of three

Where the parties have not agreed upon the number of arbitrators, the Court shall appoint a sole arbitrator, save where it

If the parties have not agreed upon the number of arbitrators, the Court shall decide whether the case shall be referred to a sole arbitrator

The parties may agree on the number of arbitrators. Where the parties have not agreed on the number of arbitrators, the Arbitral Tribunal shall

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arbitrators must be an odd number (Art. 13 (1).

arbitrators (Art. 15/1). appears to the Court the dispute warrants the appointment of three arbitrators (Art. 8/2).

or to a three-member arbitral tribunal, taking into account all relevant circumstances (Art. 6/1).

consist of three arbitrators, unless the Board, taking into account the complexity of the case, the amount in dispute or other circumstances, decides that the dispute is to be decided by a sole arbitrator (Art. 12).

APPOINTMENT OF ARBITRATORS

When appointing the arbitrator, the Board shall take into consideration the circumstances that might have influence on the impartiality and independence of the arbitrator, along with the prospective arbitrator's availability and required ability to conduct the arbitration proceedings (Art. 15).

The parties may agree that the disputes shall be decided by a sole arbitrator or by an arbitral tribunal. An Arbitral Tribunal shall consist of three arbitrators (Art. 15/1). If the dispute is to be referred to three arbitrators, each party shall nominate in the Request and the Answer, respectively, one arbitrator for confirmation. If a party fails to nominate an arbitrator, the appointment shall be made by the Arbitration Court. The third arbitrator shall act as chairman of the Arbitral Tribunal. The parties may allow the arbitrators nominated by them to elect the third arbitrator in a specified time period. Where the parties do not agree to do so or the arbitrators appointed by them fail to elect the third arbitrator, the third arbitrator shall be appointed by the Arbitration Court. The procedure governing appointment of the third arbitrator by the Arbitration Court shall be set forth in the Internal Regulation (Art. 15/4)

The ICC Court may appoint or confirm arbitrators. The process is conducted through the ICC Secretariat. In the case of one arbitrator, where the parties cannot agree, the ICC Court appoints the arbitrator. Subject to the parties agreeing another procedure, in the case of three arbitrators, each party shall submit a candidate for confirmation. The chair of the Arbitral Tribunal is appointed by the ICC Court (Art. 9/2).

Where the parties have agreed that the dispute shall be referred to a sole arbitrator, they shall jointly designate the sole arbitrator within thirty days from the date on which the Notice of Arbitration was received by the Respondent(s), unless the parties‟ agreement provides otherwise (Art. 7/1). If the parties fail to designate the sole arbitrator within the applicable time-limit, the Court shall proceed with the appointment (Art. 7/3). Where a dispute between two parties is referred to a three- member arbitral tribunal, each party shall designate one arbi-trator, unless the parties have agreed otherwise (Art. 8/1).

The parties may agree on a different procedure for ap-pointment of the Arbitral Tribunal than as provided under this Article. In such cases, if the Arbitral Tribunal has not been appointed within the time period agreed by the par ties or, where the parties have not agreed on a time period, within the time period set by the Board, the appointment shall be made pursuant to paragraphs (2)-(6) (Art. 13/1).

MULTI-PARTY DISPUTES

If the claims and relief sought between the parties arise out

Where there are multiple parties, whether as Claimant

Provides for multiple parties whether as a Claimant

Where one or more third persons request to participate

Where there are multiple Claimants or Respondents

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of, or in connection with, more than one contract, they may be settled in a single arbi-tration on the condition that all of the contracts refer to arbitration under the Rules and that the arbitration agreements are compatible with each other (Art. 10).

or as Respondent, and where the dispute is to be referred to three arbitrators, the Claimants shall jointly nominate an arbitrator and the Respondents shall jointly nominate an arbitrator for confirmation by the Arbitration Court (Art. 16/1).

or Respondent (Art. 10/1). Where multiple parties cannot agree a joint nomination of Arbitrator then the Court may appoint each Arbitrator and Chairman (Art. 10/2).

in arbitral proceedings already pending under these Rules or where a party to pending arbitral proceedings under these Rules requests that one or more third persons participate in the arbitration, the arbitral tribunal shall decide on such request, after consulting with all of the parties, including the person or persons to be joined, taking into account all relevant circumstances (Art. 4/2).

and the Arbitral Tribunal is to consist of more than one arbitrator, the multiple Claimants, jointly, and the multiple Respondents, jointly, shall appoint an equal number of arbitrators. If either side fails to make such joint appointment, the Board shall appoint the entire Arbitral Tribunal (Art. 14/4).

PLACE OF ARBITRATION

Unless otherwise agreed by the parties, the seat of the arbitration shall be Istanbul (Art. 23/1).

Unless otherwise agreed, the place of the arbitration shall be Istanbul However unless otherwise agreed upon by the parties. The Arbitral Tribunal may, after consultation with the parties, decide to conduct hearings at any other location. (Art. 22/1).

The place of the Arbitration shall be fixed by the Court, unless it has been agreed by the parties (Art. 14/1).

If the parties have not determined the seat of the arbitration, or if the designation of the seat is unclear or incomplete, the Court shall determine the seat of the arbitration, taking into account all relevant circumstances, or shall request the arbitral tribunal to determine it (Art. 16/1).

Unless agreed upon by the parties, the Board shall decide the seat of arbitration (Art. 20/1).

LANGUAGE OF THE ARBITRATION

The parties freely determine the language of the arbitration. In the absence of such agreement between the Parties, the Sole Arbitrator or Arbitral Tribunal shall determine the language of the arbitration considering all circumstances and conditions. The language of the arbitration may be one or more languages (Art. 25/1).

The parties shall be free to choose the language or languages to be used in the arbitral proceedings. In the absence of such agreement by the parties, the Arbitral Tribunal shall determine the language or languages of the arbitration. Unless otherwise agreed, all written statements, hearings, decisions and other correspondence of the Arbitral Tribunal shall be made in the language of the arbitration (Art. 23/1).

If not agreed by the parties, the Arbitral Tribunal shall determine the language of the arbitration taking into account provisions of the contract (Art. 16.

Subject to an agreement of the parties, the arbitral tribunal shall, promptly after its appointment, determine the language or languages to be used in the proceedings. This determination shall apply to the Statement of Claim, the Statement of Defence, any further written statements, and to any oral hearings (Art. 17/1).

Unless agreed upon by the parties, the Arbitral Tribunal shall determine the language(s) of the arbitration. In so determining, the Arbitral Tribunal shall have due regard to all relevant circumstances and shall give the parties an opportunity to submit comments (Art. 21).

LAW TO BE APPLIED

The Sole Arbitrator or Arbitral Tribunal shall make their

The Arbitral Tribunal shall make the Award in

If not agreed by the parties, the Arbitral Tribunal

The arbitral tribunal shall decide the case in

The Arbitral Tribunal shall decide the merits of the

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BY THE ARBITRAL TRIBUNAL TO

THE MERITS AND SUBSTANCE OF

THE DISPUTE

decision in accordance with the rules of law chosen by the parties as applicable to the merits of the dispute. In the absence of such agreement by the Parties, the Sole Arbitrator or Arbitral Tribunal shall apply the rules of law that is deemed to be appropriate (Art. 25/1).

accordance with the provisions of the contract entered into by and between the parties and with the applicable rules of law chosen by the parties. Contractual provisions shall be interpreted and complemented in accordance with the commercial customs, traditions and established commercial practices under the applicable rules of law chosen by the parties. The applicable rules of law of a certain state shall mean, unless otherwise agreed, directly applicable substantive law thereof, but not the rules of conflict of laws or rules of procedure (Art. 24/1).

shall apply the rules of law that it determines appropriate (Art. 17/1).

accordance with the rules of law agreed upon by the parties or, in the absence of a choice of law, by applying the rules of law with which the dispute has the closest connection (Art. 33/1).

dispute on the basis of the law(s) or rules of law agreed upon by the parties. In the absence of such agreement, the Arbitral Tribunal shall apply the law or rules of law which it considers to be most appropriate (Art. 22/1).

TERMS OF REFERENCE

& PROCEDURAL TIMETABLE

Unless otherwise agreed by the Parties, the Sole Arbitrator or Arbitral Tribunal shall immediately draw up the terms of reference following the submission of the Request for Arbitration and Answer to Request for Arbitration (Art. 26/1). During the drawing up of the terms of reference, the Sole Arbitrator or Arbitral Tribunal, after consulting with the parties, shall establish a procedural timetable; particularly establish the date of the submission of pleadings, the date of the hearing and dates of the other procedural issues it deems appropriate (Art. 27/1).

The Arbitral Tribunal, after consulting the parties, may adopt such procedural measures as it considers appropriate in order to ensure effective case management. to ensure this, the Arbitral Tribunal shall convene a case management conference and establish the procedural timetable. Case management conference may be conducted through participation in person of the Arbitral Tribunal and the parties or through appropriate means of communication. (Art. 25/2).

A summary of the claim and issues in dispute and particulars of the procedure is prepared by the Tribunal and signed by both parties at the outset of the proceedings. The use of Terms of Reference is ot optional (Art. 18).

At an early stage of the arbitral proceedings, and in consultation with the parties, the arbitral tribunal shall prepare a provisional timetable for the arbitral proceedings, which shall be provided to the parties and, for information, to the Secretariat (Art. 15/3).

The Board may, on application by either party or on its own motion, extend any time period which has been set for a party to comply with a particular direction (Art. 7). After the referral of the case to the Arbitral Tribunal, the Arbitral Tribunal shall promptly consult with the parties with a view to establishing a provisional timetable for the conduct of the arbitration. The Arbitral Tribunal shall send a copy of the provisional timetable to the parties and to the Secretariat (Art. 23).

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ESTABLISHING THE FACTS OF THE

CASE / THE EVIDENCE

1. The Sole Arbitrator or Arbitral Tribunal shall consult all means it deems to be appropriate in order to establish the facts of the case. 2. …Tribunal may hear the parties, witnesses and others... 3. …Tribunal may hear the experts …, may appoint an expert and define the scope of duty. 4. The Sole Arbitrator or Arbitral Tribunal, after consulting with the parties, may decide to conduct a site visit (Art. 29).

In order to establish the facts of the case as needed for settlement of the dispute, the Arbitral Tribunal may ask the parties to submit their evidence, hear witnesses, conduct discovery and appoint experts (Art. 26/1).

After consideration of written submissions the Tribunal may hear oral submissions at the request of the parties or on its own motion. Silent on how evidence should be gathered, presented and received (Art. 20/2).

Each party shall have the burden of proving the facts relied on to support its claim or defence (Art. 24/1). At any time during the arbitral proceedings, the arbitral tribu-nal may require the parties to produce documents, exhibits, or other evidence within a period of time determined by the arbitral tribunal (Art. 24/3).

The admissibility, relevance, materiality and weight of evi-dence shall be for the Arbitral Tribunal to determine (Art. 26/1).

DOCUMENTARY EVIDENCE

All necessary documents and evidence required to prove the facts upon which the relief sought by the Claimant is based (Art. 2/1(d).

One copy of all pleadings, written communications, documents and proposals submitted by any party, as well as documents annexed thereto, shall be provided to each party, each arbitrator, and the Secretariat. A copy of every communication from the Arbitral Tribunal to the parties shall be submitted to the Secretariat (Art. 3).

The Arbitral Tribunal may decide the case solely on the documents submitted by the parties unless any of the parties requests a hearing (Art. 20/6).

Unless the parties agree that the dispute shall be decided on the basis of documentary evidence only, the arbitral tribunal shall hold a single hearing for the examination of the witnesses and expert witnesses, as well as for oral argument (Art. 40/1/c).

The Arbitral Tribunal may order a party to identify the documentary evidence it intends to rely on and specify the circumstances intended to be proved by such evidence (Art. 26/1)

ORAL HEARINGS Upon the request of one of the parties or on its own initiative where it deems necessary, the Sole Arbitrator or Arbitral Tribunal may decide to hold a hearing in order to listen to the parties, witnesses or experts… (Art. 30/1).

After examining the written submissions of the parties and all documents relied upon, the Arbitral Tribunal may hold a hearing either upon the request of any party or at its discretion (Art. 26/2). The Arbitral Tribunal has the authority to conduct the hearings (Art. 32/2). Unless any of the parties

After consideration of written submissions the Tribunal may hear oral submissions at the request of the parties or on its own motion (Art. 20/2). When a hearing is to be held, the Arbitral Tribunal will give reasonable notice and summon the parties to appear before it on a day fixed by it. (Art. 21/1)

At any stage of the proceedings, the arbitral tribunal may hold hearings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument. After consulting with the parties, the arbitral tribunal may also decide to conduct the proceedings on the basis of documents and other materials (Art. 15/2).

A hearing shall be held if requested by a party, or if de-emed appropriate by the Arbitral Tribunal (Art. 27/1).

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makes a written request for a hearing, the Arbitral Tribunal may decide the case solely on the documents submitted by the parties (Art. 31).

The arbitral tribunal shall give the parties adequate advance notice of the date, time, and place of any oral hearing (Art. 25/1). Hearings shall be held in camera unless the parties agree otherwise. The arbitral tribunal may order witnesses or expert witnesses to retire during the testimony of other witnesses or expert witnesses (Art. 25/6).

DEFAULT & NON ATTENDANCE

If any of the duly summoned parties, fails to appear without a valid excuse, the Sole Arbitrator or Arbitral Tribunal may proceed with the hearing (Art. 30/2).

If any of the parties, although duly summoned, fails to appear without providing a valid excuse, the Arbitral Tribunal shall have the power to proceed with the hearing in the absence of that party (Art. 32/4).

If any parties, although duly summoned, fails to appear without a valid excuse, the Arbitral Tribunal has the power to proceed with the hearing (Art. 21/2).

If one of the parties, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration (Art. 28/2).

If a party, without showing good cause, fails to submit a Statement of Defence or other written statement in accor-dance with Article 24, or fails to appear at a hearing, or otherwise fails to avail itself of the opportunity to present its case, the Arbitral Tribunal may proceed with the arbitration and make an award (Art. 30/2).

INTERIM MEASURES

If circumstances exist that are so urgent that the party cannot wait for the Sole Arbitrator or Arbitral Tribunal to begin its duty, the party that needs interim legal protection may apply to the Secretariat pursuant to the Istanbul Arbitration Centre Emergency Arbitrator Rules. (2)…at the request of a party, may grant an interim measure it deems appropriate (Art. 31).

Unless the parties have otherwise agreed, after the file has been transmitted to it, the Arbitral Tribunal may, at the request of a party, order any interim or conservatory measure it deems appropriate (Art. 30/1). Before the file is transmitted to the Arbitral Tribunal, or after receipt of the file by the Arbitral Tribunal in certain circumstances, the parties may apply to any competent judicial authority for interim or conservatory measures (Art. 30/3).

Unless the parties have otherwise agreed, as soon as the file has been transmitted to it, the Arbitral Tribunal may „order any interim or conservatory measure it deems appropriate‟ (Art. 23/1).

At the request of a party, the arbitral tribunal may grant any interim measures it deems necessary or appropriate. Upon the application of any party or, in exceptional circumstances and with prior notice to the parties, on its own initiative, the arbitral tribunal may also modify, suspend or terminate any interim measures granted (Art. 26/1.

The Arbitral Tribunal may, at the request of a party, grant any interim measures it deems appropriate (Art. 32/1).

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SECURITY OF COSTS

After receipt of the Request for Arbitration, the Secretariat may request the claimant to deposit an amount as an advance, intended to cover the costs of the arbitration until the terms of reference have been drawn up (Art. 42/1).

If the advance on costs is not paid in due time, the arbitral proceedings shall be suspended and the Secretariat shall grant an additional period of 15 days for payment of the advance on costs (Art. 11). Once an Award has been made, the Secretariat shall notify to the parties the text of the Award signed by the Arbitrators, on the condition that all costs of the arbitration have been paid by all or one of the parties (Art. 38/2).

Unless the parties have otherwise agreed, as soon as the file has been transmitted to it, the Arbitral Tribunal may „order any interim or conservatory measure it deems appropriate‟ (Art. 23/1).

The arbitral tribunal, once constituted, and after consulting with the Court, shall request each party to deposit an equal amount as an advance for the costs referred to in Articles 38(a) to (c) and the Administrative Costs referred to in Article 38(f) (Art. 41/1). If the required deposits are not paid in full within fifteen days after the receipt of the request, the arbitral tribunal shall notify the parties in order that one or more of them may make the required payment. If such payment is not made, the arbitral tribunal may order the suspension or termination of the arbitral proceedings (Art. 41/4). In its final award, the arbitral tribunal shall issue to the parties a statement of account of the deposits received. Any unused amount shall be returned to the parties (Art. 41/5).

Before making the final award, the Arbitral Tribunal shall request the Board to finally determine the Costs of the Arbitration. The Board shall finally determine the Costs of the Arbitration in accordance with the Schedule of Costs (Appendix III) in force on the date of commencement of the arbitration pursuant to Article 4 (Art. 43/2).

CONFIDENTIALITY

Unless otherwise agreed by the parties, the arbitral proceedings are confidential (Art. 21/1).

The Arbitral Tribunal shall take appropriate measures to ensure the protection of trade secrets and confidential information disclosed during the arbitral proceedings (Art. 44/1).

The Rules do not provide for the parties to keep the award confidential, however, of the Statues of the International Court of Arbitration provides that the work of the Court is confidential in nature which must be respected by everyone who participates in that work in whatever capacity (Art. 6).

Unless the parties expressly agree in writing to the contrary, the parties undertake to keep confidential all awards and orders as well as all materials submitted by another party in the framework of the arbitral proceedings not already in the public domain, except and to the extent that a disclosure may be required of a party by a legal duty, to protect or pursue a legal right, or to

Unless otherwise agreed by the parties, the SCC and the Arbitral Tribunal shall maintain the confidentiality of the arbitration and the award (Art. 46).

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enforce or challenge an award in legal proceedings before a judicial authority. This undertaking also applies to the arbitrators, the tribunal-appointed experts, the secretary of the arbitral tribunal, the members of the board of directors of the Swiss Chambers‟ Arbitration Institution, the members of the Court and the Secretariat, and the staff of the individual Chambers (Art. 44/1).

TIMING OF THE AWARD

The Sole Arbitrator or Arbitral Tribunal shall render the award …, within 6 months from the date upon which the completion of the signatures on the terms of reference ... (Art. 33/1)

Unless the parties agree otherwise, the sole arbitrator or the Arbitral Tribunal shall render its final Award within one year of the date on which the sole arbitrator notified the Secretariat of its acceptance to serve as an arbitrator or the Arbitral Tribunal kept the minutes of its first meeting (Art. 35/1).

Final Award must be rendered within 6 months. This time limit will run from the date of the last signature by the Arbitral Tribunal or by the parties to the Terms of Reference (Art. 24/1). The Court may extend the six months time limit pursuant to a reasoned request from the Arbitral Tribunal or on its own initiative (Art. 24/2).

The award shall be made within six months from the date on which the Secretariat transmitted the file to the arbitral tribunal. In exceptional circumstances, the Court may extend this time-limit (Art. 42/1-d)

The final award shall be made not later than six months from the date upon which the arbitration was referred to the Arbitral Tribunal pursuant to Article 18. The Board may extend this time limit upon a reasoned request from the Arbitral Tribunal or if otherwise deemed necessary (Art. 37).

DECISION OF THE ARBITRATORS

When the dispute is resolved by an Arbitral Tribunal, it shall decide by majority. In the absence of majority, the award shall be made by the President of the Arbitral Tribunal.

When the Arbitral Tribunal is composed of more than one arbitrator, an Award is rendered by a majority decision. Where there is no majority, the Award shall be made by the chairman of the Arbitral Tribunal (Art. 37/1).

When the Arbitral Tribunal is composed of more than one arbitrator, an award is given by the majority decision. If there is no majority, the award shall be made by the Chairman of the Arbitral Tribunal alone (Art. 25/1).

If the arbitral tribunal is composed of more than one arbitrator, any award or other decision of the arbitral tribunal shall be made by a majority of the arbitrators. If there is no majority, the award shall be made by the presiding arbitrator alone (Art. 31/1).

When the Arbitral Tribunal consists of more than one arbitrator, any award or other decision of the Arbitral Tribunal shall be made by a majority of the arbitrators or, failing a majority, by the Chairperson. The Arbitral Tribunal may decide that the Chairperson alone may make procedural rulings (Art. 35/1).

COMMUNICATION OF THE AWARD

The Secretariat shall notify the parties of the signed award on the condition that

Once an Award has been made, the Secretariat shall notify to the parties the text of

Before signing any Award, the Arbitral Tribunal shall submit a draft form to the Court. The

Originals of the award signed by the arbitrators shall be communicated by the arbitral

The Arbitral Tribunal shall deliver a copy of the award to each of the parties and to the

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the costs of the arbitration have been paid in full by the parties or by one of the parties (Art. 36/2).

the Award signed by the Arbitrators, on the condition that all costs of the arbitration have been paid by all or one of the parties (Art. 38/2).

Award is not rendered by the Arbitral Tribunal until it has been approved by the Court (Art. 27(1). Once an Award has been made, the Secretariat shall notify the parties of the decision of the Arbitral Tribunal (Art. 28/1).

tribunal to the parties and to the Secretariat. The Secretariat shall retain a copy of the award (Art. 32/6).

SCC without delay (Art. 36/4).

REMEDYING OF OMISSIONS

The Sole Arbitrator or Arbitral Tribunal may correct ex officio any computational and typo-graphical errors in the award within 30 days of the date on which the award was rendered (Art. 37/1).

The Arbitral Tribunal may, on its own initiative, correct computational, typographical, or any other errors of a similar nature contained in the Award. The correction shall be made within 15 days following the date the Award was rendered (Art. 39/1).

On its own initiative, the Arbitral Tribunal may correct a clerical, computation or typographical error, provided such correction is submitted for approval to the Court within 30 days of the date of such Award (Art. 29(1). The parties may apply for the correction of a clerical, computation or typographical error, providing such application is made to the Secretariat within 30 days of receipt of the Award by the Tribunal (Art. 29/2).

Within thirty days after the receipt of the award, a party, with notice to the Secretariat and to the other parties, may request that the arbitral tribunal give an interpretation of the award. The arbitral tribunal may set a time-limit, as a rule not exceeding thirty days, for the other parties to comment on the request (Art. 35/1). Within thirty days after the receipt of the award, a party, with notice to the Secretariat and to the other parties, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors, or any errors of similar nature. The arbitral tribunal may set a time-limit, as a rule not exceeding thirty days, for the other parties to comment on the request (Art. 36/1). Within thirty days after the receipt of the award, a party, with notice to the Secretariat and the other parties, may request the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but

Within 30 days of receiving an award, a party may, upon notice to the other party, request that the Arbitral Tribu-nal correct any clerical, typographical or computational errors in the award, or provide an interpretation of a specific point or part of the award. If the Arbitral Tribunal considers the request justified, it shall make the correction or provide the interpretation within 30 days of receiving the request (Art. 41/1).

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omitted from the award. The arbitral tribunal may set a time-limit, as a rule not exceeding thirty days, for the other parties to comment on the request (Art. 37/1).

APPEAL The arbitral award shall be binding on the parties (Art. 36/4).

The Award shall be binding upon the parties on the date on which it was made. (Art. 40/1).

All awards shall be binding on the parties. By submitting the dispute to arbitration under these Rules, the parties undertake to carry out any Award without delay and shall be deemed to have waived their right to any form of recourse (Art. 28/6).

The award shall be made in writing and shall be final and binding on the parties (Art. 32/2).

An award shall be final and binding on the parties when rendered. By agreeing to arbitration under these Rules, the parties undertake to carry out any award without delay (Art. 40).

COSTS The costs of arbitration shall be fixed in the arbitral award along with the decision on which of the parties shall bear the costs or in what proportions the costs shall be borne by the parties (Art. 41/1).

The costs of the arbitration shall include the fees and expenses of the arbitrators, and the administrative expenses fixed by the Secretariat in accordance with the Tariff in force at the time of the commencement of the arbitral proceedings (Art. 41/1).

As soon as practicable, the Court shall fix the advance on costs in an amount likely to cover fees and expenses of the arbitrators and the ICC administrative costs for the claims and counterclaims which have been referred to it by the parties (Art. 30/2). The costs of the arbitration shall include the fees and expenses of the arbitrators and the ICC administrative expenses fixed by the Court (Art. 31/1). The final award shall fix the costs of the arbitration and decide which of the parties shall bear them or in what proportion they shall be borne by the parties (Art. 31(3).

The award shall contain a determination of the costs of the arbitration. The term “costs” includes only: (a) The fees of the arbitral

tribunal, to be stated separately as to each arbitrator and any secretary, and to be determined by the arbitral tribunal itself in accordance with Articles 39 and 40(3) to (5);

(b) The travel and other expenses incurred by the arbitral tribunal and any secretary;

(c) The costs of expert advice and of other assistance required by the arbitral tribunal;

(d) The travel and other expenses of witnesses, to the extent such expenses are approved by the arbitral tribunal;

(e) The costs for legal representation and

The Costs of the Arbitration consist of:

(i) the Fees of the Arbitral Tribunal;

(ii) the Administrative Fee; and

(iii) the expenses of the Arbitral Tribunal and the SCC (Art. 43/1).

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assistance, if such costs were claimed during the arbitral proceedings, and only to the extent that the arbitral tribunal determines that the amount of such costs is reasonable;

(f) The Registration Fee and the Administrative Costs in accordance with Appendix B (Schedule of Costs);

(g) The Registration Fee, the fees and expenses of any emergency arbitrator, and the costs of expert advice and of other assistance required by such emergency arbitrator, determined in accordance with Article 43/9) (Art. 39).

ARBITRATORS’ FEES / INSTITUTION’S COSTS

The fees of the Sole Arbitrator or members of Arbitral Tribunal and Istanbul Arbitration Centre administrative costs fixed by the Board, in accordance with the Istanbul Arbitration Centre Rules on Costs and Fees Scales (Appendix-3) in force on the date of the commencement of the arbitration proceedings (Art. 41/2).

The arbitrator fees determined in accordance with the Tariff shall be distributed among the arbitrators (Art. 10). In cases where the proceedings are conducted by an arbitral tribunal, the fee of the chairman of the arbitral tribunal shall be calculated as ten per cent more than the arbitrator fee to be paid to each of the arbitrators (Art. 3)

The costs of the arbitration shall include the fees and expenses of the arbitrators and the ICC administrative expenses fixed by the Court. Set out in the Scales of Administrative Expenses and Arbitrator‟s Fees found at Appendix III of the ICC Rules (Art. 31/1).

The fees and expenses of the arbitral tribunal shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subject-matter of the arbitration, the time spent and any other relevant circumstances of the case, including the discontinuation of the arbitral proceedings in case of settlement. In the event of a discontinuation of the arbitral proceedings, the fees of the arbitral tribunal may be less than the minimum amount resulting from Appendix B (Schedule of Costs). (Art. 39/3)The arbitral tribunal shall decide on the allocation of its fees among its

The Arbitral Tribunal shall include in the final award the Costs of the Arbitration as finally determined by the Board and specify the individual fees and expenses of each member of the Arbitral Tribunal and the SCC (Art. 43/4).

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members. As a rule, the presiding arbitrator shall receive between 40% and 50% and each co-arbitrator between 25% and 30% of the total fees, in view of the time and efforts spent by each arbitrator. Appendix B/1) When submitting a Notice of Arbitration, the Claimant shall pay a non-refundable Registration Fee (Art. 39/1).

EXPEDITED PROCEDURE

Yes Yes Yes Yes Yes