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CHAPTER SIX

Article (23)
A party desiring arbitration shall submit in writing his application to the Committee's Secretariat together with the arbitration agreement, if any, and with documents he considers to be supportive. The application shall specifically include the following:

  1. The name, position, nationality, and address of the claimant.
  2. The name, nationality, and address of the defendant.
  3. The subject of the Dispute and the claims of the claimant.
  4. The name and address of the arbitrator or an authorization for the Committee to choose one.

The application for arbitration and its enclosures must be in three or five or more copies according to the number of the arbitrators.

Article (24)
The Committee's Secretariat shall send a copy of the application for arbitration and its enclosures to the defendant within seven days of its receipt of this application by registered letter with acknowledgment of receipt.

Article (25)
If there is no arbitration agreement and the defendant does not respond to the application for arbitration within 30 days from its date of receipt, it shall be deemed a rejection of arbitration.

Article (26)
If there is an arbitration agreement, the defendant shall send to the Committee's Secretariat his reply to the application together with documents he considers supportive, in three or five or more copies according to the number of the arbitrators, within 30 days from receipt of the application. The reply shall include the following:

  1. The name and address of the arbitrator he chooses.
  2. His answer to the claims of the claimant.
  3. Counterclaims, if any.

The Committee's Secretariat shall send the reply and its enclosures and the counterclaim, if any, to the claimant within three days.

The arbitration proceedings shall continue even if the defendant fails to send his reply to the application for arbitration within the above period.

Article (27)
The Secretariat shall present to the chairman of the Committee the application for arbitration together with a summary of what was submitted by the parties to the Dispute, and the Committee shall meet within 30 days from completion of their replies to carry out the following:

  1. Confirming the arbitrators appointed by the parties, guided by the standards referred to in Article 15-F.
  2. Appointing arbitrators who have not yet been appointed.
  3. Fixing the place for the arbitration in the event the parties have not agreed thereon.
  4. Fixing an advance payment against the costs of the arbitration, as a lump-sum amount determined on a preliminary basis subject to be increased or decreased according to the circumstances, to cover such costs in accordance with the previsions of Part Seven of these Rules.

The Committee grants the parties a maximum period of 21 days to appoint the chairman of the Tribunal; otherwise it shall do so by itself in accordance with the provisions of Article 18 of these Rules.

Article (28)
The Committee's Secretariat shall notify the arbitrators of their appointment by registered letter with acknowledgment of receipt, accompanied by a summary of the Dispute, including the names of the parties. Each arbitrator, whether appointed by the parties or the Committee, shall reply in writing within two weeks of the date of his receipt of the notification; otherwise he shall be considered to have rejected the commission, and in such event a substitute shall be appointed in the same manner in which he was appointed.

The arbitrator shall disclose in his reply, and at any subsequent time, any kinship or relationship by marriage, business ties or dealing he may have with any of the parties which raises reasonable doubts regarding his neutrality or independence.

Article (29)
After the Arbitral Tribunal accepts the commission, the Committee's Secretariat shall transmit the file to the Tribunal. The award shall be issued within six months from the date the Tribunal receives the file, unless the parties agree to a longer period.

The Tribunal may extend the time-limit for a similar period, and after that an extension is permissible upon the agreement of the parties or, if they fail to agree, by a decision of the Committee for reasons attributable to the nature of the claim.

Article (30)
Any of the parties may request from the Committee reconsideration for the appointment of any of the arbitrators for justifiable reasons, and the Committee shall issue its decision in this regard within 21 days at the most. No petition objecting to an arbitrator may be submitted to the court except in the event no decision has been issued by the Committee within the above period or non acceptance of the decision of the Committee by the objector or the other party.

Article (31)

  1. The commission of an arbitrator shall be terminated before the closing of the hearings by mutual consent of the parties or, upon a complaint of one of the parties to the Dispute or one of the arbitrators, by a decision of the Committee if it finds that a legal or factual obstacle prevents him from carrying out his commission, or if he does not carry out his commission in accordance with the Rules or within the specified time.
  2. The Committee shall look into the complaint after it notifies the concerned arbitrator, the remaining arbitrators and the parties to the Dispute, the arbitrator and the other party/ parties shall respond to the complaint in writing within 15 days of the date of their notification thereof. The Committee shall issue its decision within 21 days of the date of its receipt of the replies of the concerned arbitrator and the other parties.
  3. A substitute arbitrator shall be appointed in the place of the relieved arbitrator within 21 days of the date of the decision of dismissal in the same manner that an arbitrator is chosen under these Rules.

Article (32)
In the event an arbitrator rejects his appointment, or dies while carrying out his commission, or if it becomes impossible for him to attend the sessions of the Tribunal for any reason or is relieved from his duties, the chairman of the Committee shall suspend the arbitration until a substitute is appointed or such reasons are eliminated.

Article (33)
If the parties do not expressly or implicitly agree on the law applicable in the Dispute, the Arbitral Tribunal shall apply the laws and the prevailing customs of the State if the subject of the Dispute is within it and between parties whose main places of business are in the State; in other cases the Tribunal shall apply the law/laws most closely connected with the subject of the Dispute.

Article (34)
In the event that the parties agree to an arbitration authorizing arbitrators to act as amiable compositeurs, the parties must name all the members of the Arbitral Tribunal who are authorized to act so. Arbitrators authorized to act as amiable compositeurs shall not be bound to follow the principles of the law originally applicable except those relating to public order.

Article (35)
The Arbitral Tribunal shall comply with the basic principles of litigation in carrying out its commission, the most important of which are:

  1. Respecting the right of defence enabling each party to adduce whatever statements, pleadings and evidence he may have before the issuance of the arbitration award.
  2. Enabling each party to examine the papers and documents presented by the other party.
  3. Treating the parties on an equal basis.
 
Article (36)
After it receives the file, the Tribunal shall examine the memorandums of the parties and the instruments and documents they submit and hear their statements in the presence of each other. It may request additional documents and hear witnesses. It may also, with the consent of the parties, render an award in the Dispute on the basis of the documents and instruments only, if it deems that adequate.

Article (37)
The parties to the Dispute may appear before the Arbitral Tribunal in person or through a representative so authorized. The Tribunal shall verify the validity of the representation of the parties before it.

Article (38)
If one of the parties does not attend the sessions called by the Arbitral Tribunal and does not submit during a reasonable time an acceptable excuse for his absence, then such absence shall not preclude the continuation of the arbitration proceedings.

Article (39)
If a legal or factual obstacle prevents their continuation, the arbitration proceeding shall be suspended until such obstacle is removed. The arbitration proceedings shall be suspended specifically in the following instances:

  1. The arbitrator is unable to attend the arbitration sessions, is relieved or dies.
  2. The death or incapacitation of one of the parties, or the dissolution of the company or the termination of the authority of the representative, until the appointment of an attorney for the heirs; a liquidator for the company, a custodian for the incapacitated person or a new representative for one of the parties.
  3. The non-payment of the advance payments referred to in Articles (27-D) and (53).
  4. A petition to a competent court to take legal proceedings against a witness who fails to appear before the Arbitral Tribunal or refuses to respond.
  5. A request to a competent court to order presentation of a document in the possession of a third party.
  6. An appeal to contest those documents are forged if such documents are necessary for rendering the award.

Article (40)
Testimony shall be oral but the Tribunal may accept in fulfillment thereof an authenticated written statement signed by a witness not under oath unless the oath is required for its acceptance under the law applicable to the arbitration proceedings. In all cases, the Tribunal may call the witness before it for cross-examination.

Article (41)
Without prejudice to the right of any party to submit technical expert reports as part of the documents supporting his position, the Arbitral Tribunal may on its own accord or at the request of one of the parties appoint an expert if the circumstances of the case so require. It shall specify in the letter of his appointment the duties assigned to him and the period in which his report must be submitted, and it shall also fix the fees of the expert, the party/parties who would bear the fees and the mode of payment. The Expert must be a natural person even if the Tribunal appoints a legal entity to carry out the expertise. Any party may request that the Expert be summoned to be cross-examined on his report.

Article (42)
The commencement of arbitration does not prevent the parties from resorting to the courts of the State to take interim or projective measures, and the party who takes such measures shall immediately notify the Committee’s Secretariat and the Tribunal thereof.

Article (43)
The Arabic language shall be the language of the arbitration unless the parties agree otherwise, or the Tribunal decides otherwise taking into account the surrounding circumstances and in particular the language of the contract and the correspondence between the parties. The award shall be issued in the Arabic language, and if the arbitration was held in a language other than Arabic then a certified translation in Arabic shall be attached to the award.

Article (44)
The Arbitral Tribunal at any stage of the Arbitration, up to the closing of the hearings, may ask the parties to negotiate a settlement of their Dispute. If the parties respond thereto, the arbitration proceeding shall not be suspended except with their consent. If the parties reach a settlement to their dispute, the Tribunal shall issue-upon their request-an award based on the agreed settlement.

Article (45)

  1. The final award, and any decision by the Arbitral Tribunal, shall be issued by a majority without prejudice to the provisions of Article 20-B of these Rules. It must be signed by the members of the Tribunal who agreed thereto. An objecting member shall submit his objection in writing, with his reasons and signature, in order to be attached to the award.
  2. If the majority referred to in the preceding paragraph is not available, the final award, and any decision by the Tribunal during the arbitration proceedings, shall be issued by the chairman of the Tribunal alone.
  3. The final award by the Tribunal shall be in writing and must include:
    1. The arbitration agreement.
    2. The names of the arbitrators and the parties to the Dispute.
    3. An adequate summary of the subject of the Dispute.
    4. The claims and pleadings of the parties to the Dispute and the reasons for the acceptance or rejection of any claim.
    5. The finding and the reasons upon which the award is based.
    6. The costs of the arbitration and the party who will bear them or the proportions allocated among the parties.
    7. The date and place of the issuance of the award.

Article (46)

  1. An arbitration award issued in the State in accordance with these Rules shall not be appeal able in any manner of appeal except by an application for setting aside of the award in accordance with Article 216 of Federal Law No. (11) Of 1992 concerning the Civil Procedure Code.
  2. Any party may request, by a written application addressed to the Committee's Secretariat, a complete or partial interpretation of the award within 15 days of his notification with said award. The Committee shall within seven days, refer the application to the Tribunal and send a copy thereof to the other party. The Tribunal shall submit its interpretation to the Committee’s Secretariat within one month of the date the application was referred to it. The interpretation shall be considered an integral part of the award.
  3. The Tribunal shall, on its own accord or upon a request of the parties, correct material and computation errors in the award, if any, and shall inform the parties thereof.

Article (47)
The Arbitral Tribunal shall submit the draft of the final award to the Committee, whose role shall be limited to a final determination of the remunerations of the arbitrators and the costs of the arbitration in general. The Committee shall order the payment of the remunerations of the arbitrators from the advance payment against the costs of the arbitration paid to the Chamber.

The arbitration award, after the inclusion of the arbitration's costs fixed by the Committee and the signature of the Arbitral Tribunal, shall be deposited together with any interpretation or correction, if any, with the Committee's secretariat, which shall provide a copy thereof to each of the parties after full payment of the prescribed fees, remunerations of the arbitrators and any arbitration expenses.

 

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