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2012年马来西亚吉隆坡区域仲裁中心快速仲裁规则(英文)
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【发布机构】 马来西亚吉隆坡区域仲裁中心
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【发布日期】 2014年08月04日
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FAST TRACK RULES 2nd Edition 2012
Interpretation 4
Written Notifications or Communications 6
Commencement of Arbitration 7
Appointment of Arbitral Tribunal 8
Independence and Impartiality of the 10
Arbitral Tribunal
Law, Procedure and Jurisdiction
Statement of Case 15
Statement of Defence (And Counterclaim, If Any) 16
Documents-only Arbitration 19
Case Management Meeting 20
Substantive Oral Hearings 22
Awards 23
Extension of Time for The Award 24
Costs & Expenses of The Arbitration
Waiver of Objections & Time for Challenge 26
Exclusions
Ex-Parte Hearings
Confidentiality 27
Arbitral Tribunal’s Fees, Deposits and Payment 28
Correction of The Award 31
Interpretation of The Award
Additional Award 32
INTERPRETATION
ARTICLE 1
1. Unless the context otherwise requires, words and
expressions below shall bear the meanings and/or
definitions ascribed respectively below:
“the Centre” means the Kuala Lumpur Regional
Centre for Arbitration;
“the Director” means the Director of the Centre,
and in the event the Director is unable or
incapable of acting for any reason whatsoever,
refers to any other person who may be
authorized by the Director in writing;
“these Rules” means the Centre’s Fast Track Rules;
“the Act” means the Malaysian Arbitration Act
2005 (Act 646) and the Arbitration (Amendment)
Act 2011 or any statutory modification or
re-enactment to the Act;
“Arbitral Tribunal” means either a sole arbitrator
or all arbitrators when more than one is appointed;
“relevant documents” means all documents
relevant to the dispute, whether or not favorable
to the party having power, possession or control
of them, but does not include documents which
are privileged and not therefore legally disclosable;
“international arbitration” means an arbitration
where:
a) One of the parties to an arbitration agreement,
at the time of the conclusion of that
agreement, has its place of business in any
sovereign State other than Malaysia;
4
b) Any place where a substantial part of the
obligations of any commercial or other
relationship is to be performed or the place
with which the subject-matter of the dispute
is most closely connected is situated in any
sovereign State other than Malaysia;
c) The parties have expressly agreed that the
subject-matter of the arbitration agreement
relates to more than one sovereign State;
“domestic arbitration” means any arbitration which
is not an international arbitration.
2. Where the parties to a contract have provided
in writing for reference to arbitration under
these Rules, then such dispute(s) shall be
referred and finally determined in accordance
with these Rules. These Rules shall be subject
to any such amendments as the Centre may
have adopted to take effect on or before the
commencement of the arbitration, unless the
parties have agreed otherwise.
5
WRITTEN NOTIFICATIONS OR
COMMUNICATIONS
ARTICLE 2
1. For the purposes of these Rules, notices, statements,
submissions or other documents used in arbitration
may be delivered personally to the party or
delivered by leaving the document at the party’s
habitual residence, place of business or mailing
address; or, if none of these can be ascertained
after making reasonable inquiry, then documents
may be delivered by leaving them at the party’s last,
known residence or place of business.
2. If a party is represented by an advocate and solicitor
or any other authorized agent in respect of the
arbitral proceedings, all notices or other documents
required to be given or served for the purposes
of the arbitral proceedings together with all
decisions, orders and awards made or issued by
the Arbitral Tribunal shall be treated as effectively
served if served on that advocate and solicitor or
authorized agent.
3. The date that a party has had or ought to reasonably
have had notice of a document is deemed to be the
date that the particular document is delivered to
that party. Delivery of documents to the Centre or
its officers shall be in accordance with these Rules.
4. Without prejudice to the effectiveness of any
other form of written communication, written
communication may be by fax, email or any other
means of electronic transmission effected to a
number, address or site of a party. The transmission
is deemed to have been received on the day
of transmission.
5. For the purposes of calculating a period of time
under these Rules, such period shall begin to run
on the day following the day when a notice,
statement, submission or other document is
received. If the last day of such period is an official
holiday or a non-business day at the residence or
place of business of the addressee, the period is
extended until the first business day which follows.
Official holidays or non business days occurring
during the running of the period of time are
included in calculating the period.
6
COMMENCEMENT OF ARBITRATION
ARTICLE 3
1. Arbitration proceedings under these Rules, shall
be deemed to have commenced when the party
initiating the arbitration (the “Claimant”) delivers
to the other party (the “Respondent”) a notice in
writing stating its intention to commence an
arbitration under these Rules (the “Notice of
Arbitration”). A copy of the Notice of Arbitration
shall, be delivered at the same time to the Centre
and be marked for the attention of the Director.
2. The Notice of Arbitration shall include:
a) The names and mailing addresses of the parties
to the dispute;
b) A brief summary of the matters in respect of
which the parties are in dispute;
c) Reference to the agreement by which the
dispute is to be arbitrated under these Rules;
d) The name and professional details of at least
one (1) individual nominated by the Claimant
as candidate for the role of a single arbitrator
or the name and professional details of the
Claimant’s duly appointed arbitrator where
there is prior agreement for 3 arbitrators;
e) A request to the other party to concur with
the appointment of a sole arbitrator or to duly
appoint an arbitrator whether there is prior
agreement for 3 arbitrators;
f) A copy of the arbitration agreement; and
g) A comprehensive Statement of Case in
accordance with Article 7 signed by or on
behalf of the Claimant.
3. The copy of the Notice of Arbitration delivered to
the Centre shall be accompanied by a cheque
drawn in favour of the Centre in such sums as may
from time to time be prescribed by the Centre as
the registration fee for commencing arbitration
under these Rules.
7
APPOINTMENT OF ARBITRAL TRIBUNAL
ARTICLE 4
1. Unless the parties have agreed otherwise, any
arbitration conducted under these Rules shall be
conducted by a sole arbitrator whose appointment
shall be agreed in writing by the parties within
seven (7) days of the commencement of arbitration.
2. Where parties have failed to reach an agreement
in writing to the appointment of a sole arbitrator
within seven (7) days of the commencement of
the arbitration, either party shall within seven (7)
days thereafter notify the Director of the same in
writing and refer the appointment of the sole
arbitrator to the Director. The Director shall,
within fourteen (14) days from such notification
appoint an arbitrator to hear and/or determine
the dispute, notify the parties of the appointment,
and provide the parties with the Arbitral
Tribunal’s name and mailing address.
3. If the Arbitral Tribunal is to consist of three
arbitrators:
a) Each party shall appoint one arbitrator not
later than fourteen (14) days of the
commencement of arbitration;
b) Where one party has failed to appoint an
arbitrator within fourteen (14) days of the
commencement of the arbitration, either party
shall within seven (7) days thereafter notify
the Director of the same in writing and refer
the appointment of the second arbitrator to the
Director. The Director shall, within fourteen
(14) days from such notification appoint the
second arbitrator;
c) The two arbitrators so appointed may at any
time thereafter appoint a third arbitrator so
long as they do so before any substantive oral
hearing, or forthwith if they cannot agree on any
matter relating to the arbitration, and if the two
said arbitrators do not appoint a third within ten
(10) working days of one calling upon the other
to do so, the Director shall, on the application
8
of either arbitrator or of a party, appoint the
third arbitrator within ten (10) days of such
application, notify the parties of the
appointment, and provide the parties with the
third arbitrator’s name and mailing address;
d) The third arbitrator shall be the Presiding
Arbitrator of the Arbitral Tribunal;
e) A substantive oral hearing shall only proceed
after three arbitrators have been appointed;
f) Subject to Article 4 Rule 3(e) above, before the
third arbitrator has been appointed, the two
arbitrators, if agreed on any matter, shall have
the power to make decisions, orders and awards
in relation thereto;
g) After the appointment of the third arbitrator,
decisions, orders or awards shall be made by all
or a majority of the arbitrators;
h) The view of the Presiding Arbitrator shall
prevail in relation to a decision, order or award in
respect of which there is neither unanimity nor a
majority under Article 4 Rule 3 (g) above.
4. If there are more than two parties in the arbitration,
the parties shall agree on the procedure for
appointing the Arbitral Tribunal within
fourteen (14) days of the commencement of
the arbitration.
5. If the parties have failed to reach an agreement on
the procedure within fourteen (14) days of the
commencement of the arbitration or the Arbitral
Tribunal is not constituted within twenty eight (28)
days of the commencement of the arbitration,
any party shall within seven (7) days thereafter
notify the Director of the same in writing and
refer the appointment of the Arbitral Tribunal to
the Director. The Director shall, within fourteen (14)
days from such notification appoint the Arbitral
Tribunal to hear and/or determine the dispute,
notify the parties of the appointment, and provide
the parties with the Arbitral Tribunal’s name and
mailing address.
9
6. The request for appointment of an Arbitral
Tribunal shall be accompanied by a cheque
drawn in favour of the Centre in such sum as
may from time to time be prescribed by the Centre
as the appointment fee.
7. Upon the appointment of the Arbitral Tribunal
(whether by parties’ agreement or appointment
by the Director), the Claimant shall forthwith
provide the Arbitral Tribunal with a copy of the
Notice of Arbitration.
INDEPENDENCE AND IMPARTIALITY OF
THE ARBITRAL TRIBUNAL
ARTICLE 5
1. The Arbitral Tribunal conducting arbitration under
these Rules shall be and remain at all times
independent and impartial, and shall not act as
advocate for any party.
LAW, PROCEDURE AND JURISDICTION
ARTICLE 6
1. The Arbitral Tribunal shall apply the law
designated by the parties as applicable to
the substance of this dispute. Failing such
designation by the parties, the Arbitral Tribunal
shall apply the law determined by the conflict
of laws rules, which it considers applicable.
2. The seat of arbitration shall be Malaysia. The law of
the arbitration under these Rules shall be the Act.
3. An award made under these Rules shall be deemed
to be an award made in Malaysia.
4. Unless otherwise agreed, the language of arbitration
shall be English.
10
5. Subject to these Rules, the Arbitral Tribunal shall
have the powers permitted by law and under the
Act to ensure the just, expeditious, economical
and final determination of the dispute(s) in the
reference. In this regard, the Arbitral Tribunal shall
conduct the arbitration in such manner as the
Arbitral Tribunal considers appropriate, save that
at all times the Arbitral Tribunal shall ensure
that the parties are treated equally and are given
reasonable opportunity to present their case.
Without limiting the generality of the foregoing,
the Arbitral Tribunal’s powers and jurisdiction to
achieve the just, expeditious, economical and final
determination of the dispute(s) in the reference
shall include the power and jurisdiction to:
a) Establish any other procedure not covered by
these Rules which are deemed suitable;
b) Order any submission or other materials to be
delivered in writing or electronically;
c) Limit the submission or production of any
documents by the parties;
d) Order specific disclosure and discovery of
limited identified documents or relevant
documents which have not been produced in
the statement of case, defence or reply, upon
application by a party on justifiable grounds;
and order that if such relevant documents are
not disclosed by the other party within the
time so prescribed, draw adverse inferences
in its award, should it consider that other party
to be in default of its disclosure;
e) Fix deadlines for any procedure including
submissions and production of documents and
in default of deadlines to accordingly proceed
with the arbitration without attaching any weight
to any non-compliant submission or production
of documents which do not fulfill the deadlines;
f) Apply the Arbitral Tribunal’s specialist
knowledge provided that parties are given the
opportunity to address any matter relating to
the specialist knowledge that the Arbitral
Tribunal wishes to apply to the award;
11
g) Restrict the use of expert evidence or
supplementary expert evidence unless
permission or leave is first obtained and any
such terms imposed by the Arbitral Tribunal
complied with. Any request for such permission
or leave to adduce expert evidence must be
made within 14 days after the delivery of
the Statement of Reply. In the case of
supplementary expert evidence any request for
such permission must be made by the party
wishing to adduce such evidence within 14 days
of service/exchange of expert reports, failing
which no supplementary witness statement
shall be adduced in evidence by that party;
h) Appoint independent experts to inquire and
report on specific matters with the consent
of the parties as to the appointment and the
costs related thereto, and require the parties
to give such expert any relevant information or
to produce, or to provide access to, any relevant
documents, goods or property for inspection by
the expert;
i) Order the parties to make any property or thing
available for inspection and to carry out
physical inspection of any matter or item that
is related to the subject matter of the reference
to arbitration;
j) If the parties so agree, the Arbitral Tribunal
shall also have the power to add other parties
(with their consent) to be joined in the
arbitration and make a single final award
determining all disputes between them;
k) Such directions on the procedure and process
for the substantive oral hearings as may be
necessary for the expedient determination of
the dispute(s) in the reference including but
not limited to:
i. Directing that any party wishing to adduce in
evidence statements of witnesses of fact
must give notice of such intention within
the prescribed time;
12
ii. The manner in which the time at the hearing
is used including the time limited for cross
examination or re-examination allocated
to each party;
iii. Directing that evidence in chief of any
witnesses will be limited only to affirmed
witness statements and no further
examination in chief of any witness is
allowed except for corrections to the
witness statements and directions for the
simultaneous exchange of these witness
statements;
iv. Directing that witness statements in reply
can be lodged if parties choose to do so and
directions for the simultaneous exchange
of these witness statements;
v. Directing that unless the party entitled to
cross-examine agrees to dispense with it,
the maker of any witness statement and/
or the party or parties identified in the
statements and/or supporting evidence must
be made available for cross-examination
at the hearing, in default of which, the
Arbitral Tribunal may elect either to proceed
with the hearing and place such weight
on his statement or evidence as the
Arbitral Tribunal deems just and appropriate;
or proceed with the hearing and exclude the
statement or evidence altogether;
vi. Directing that in the absence of any witness
statements, the parties’ signed Statement
of Case, Statement of Defence (and
Counterclaim, if any) and Statement of
Reply (and Defence to Counterclaim, if
applicable) shall serve as the parties’
evidence at the hearing;
vii. Directing the limit or specifying the number
of witnesses and/or experts that is to be
dealt with in the hearing;
13
ix. Directing that any issues to be crossexamined
of particular witnesses or
experts are irrelevant and not to be raised
in the hearing;
x. Directing that any other issues crossexamined
of particular witnesses or
experts, apart from those approved by the
Arbitral Tribunal, will be given no weight;
xi. Ordering pre-hearing interrogatories to be
answered;
xii. Conducting the questioning of witnesses or
experts himself/herself or making such
enquiries as may appear to the Arbitral
Tribunal to be necessary provided that
parties are given an opportunity to address
any facts and/or law that the Arbitral
Tribunal wishes to apply to the award;
xiii.Requiring two or more witnesses and/or
experts to give their evidence together;
xiv.Directing written submission, if required, to
be served and exchanged simultaneously
with a limited right for an expeditious
written submission in reply;
xv. Extend any time limit provided by the Rules
up to 14 days, and with the consent of
the Director up to 28 days. The Director
may in exceptional circumstances, upon
consultation with the Arbitral Tribunal
and parties, extend time further.
14
STATEMENT OF CASE
ARTICLE 7
1. Without limiting its comprehensive nature, the
“Statement of Case” shall contain the following
information:
a) Statement of the facts and sufficient particulars
supporting the Claimant’s position in the case
and any related claims;
b) Copies of all documents relied upon in the
statement of facts and sufficient particulars;
c) Copies of any other documents considered
relevant to the Claimant’s case and claims;
d) The contentions of fact and law supporting the
Claimant’s position and copies of any
particular legal authority that the Claimant
intends to rely upon;
e) All items of relief and remedy sought by the
Claimant; and
f) All quantifiable items of claim shall be
accompanied with the relevant calculations
and breakdowns to substantiate the quantum
(where applicable).
15
STATEMENT OF DEFENCE
(AND COUNTERCLAIM, IF ANY)
ARTICLE 8
1. Within twenty-eight (28) days of the
commencement of arbitration, the Respondent
shall deliver to the Arbitral Tribunal and the
Claimant a comprehensive “Statement of Defence”
to the Claimant’s Statement of Case, signed by
or on behalf of the Respondent. Where the
Respondent desires to advance a counterclaim
against the Claimant, a comprehensive statement
of the case and claim relating to the counterclaim
signed by or on behalf of the Respondent must be
included in the same document as the Statement
of Defence and such document shall be entitled
“Statement of Defence and Counterclaim”.
2. Without limiting its comprehensive nature, the
Statement of Defence (and Counterclaim, if any)
shall contain the following information:
a) A confirmation or denial of the Claimant’s case
and claims;
b) A statement of the facts and sufficient
particulars supporting the Respondent’s
position in defending the case and claim;
c) Copies of all documents relied upon in the
statement of facts and sufficient particulars;
d) Copies of any other documents considered
relevant to the Respondent’s defence;
e) The contentions of fact and law supporting the
Respondent’s position and copies of any
particular legal authority that the Respondent
intends to rely upon;
f) An identification of agreement or disagreement
to any documents produced by the Claimant in
the Statement of Case and contentions on the
reasons for disagreements; and
g) Where a counterclaim is advanced by the
Respondent, the same kind of information
and documents that the Claimant is obliged to
provide under these Rules in relation to the
Statement of Case.
16
3. Within seven (7) days of receipt of the Respondent’s
Statement of Defence (and Counterclaim, if any),
the Claimant shall deliver to the Arbitral Tribunal
and the Respondent a comprehensive “Statement
of Reply” to the Respondent’s defence signed by or
on behalf of the Claimant. Where the Respondent
has advanced a counterclaim against the Claimant,
a comprehensive statement of the defence to the
Respondent’s counterclaim signed by or on behalf
of the Claimant must be included in the same
document as the Statement of Reply and such
document shall be entitled “Statement of Reply
and Defence to Counterclaim”.
4. Without limiting its comprehensive nature, the
Statement of Reply (and Defence to Counterclaim, if
applicable) shall contain the following information:
a) A confirmation or denial of the Respondent’s
defence;
b) A statement of the facts and sufficient
particulars supporting the Claimant’s position
in replying to the Respondent’s defence;
c) Copies of all documents relied upon in the
statement of facts and sufficient particulars;
d) Copies of any other documents considered
relevant to the Claimant’s reply;
e) The contentions of fact and law supporting the
Claimant’s position and copies of any particular
legal authority that the Claimant intends to
rely upon;
f) An identification of agreement or disagreement
to any documents produced by the Respondent
in the Statement of Defence and contentions
on the reasons for disagreements; and
g) Where a defence to counterclaim is advanced
by the Claimant, the same kind of information
and documents that the Respondent is obliged
to provide under these Rules in relation to
the Statement of Defence.
17
5. If the Respondent does advance a counterclaim
and the Claimant does deliver a Statement of
Reply and Defence to Counterclaim, then within
seven (7) days of receipt of the Claimant’s
Statement of Reply and Defence to Counterclaim,
the Respondent shall deliver to the Arbitral
Tribunal and the Claimant a comprehensive
Statement of Reply (“Respondent’s Reply”)
containing the same kind of information and
documents that the Claimant is obliged to
provide under these Rules in relation to the
Statement of Reply.
6. If the Respondent does not advance a counterclaim,
then within seven (7) days of receipt of the
Claimant’s Statement of Reply, the Respondent
shall deliver to the Arbitral Tribunal and the
Claimant an identification of agreement or
disagreement to any documents produced by the
Claimant in the Statement of Reply and contentions
on the reasons for disagreements, signed by or
on behalf of the Respondent.
7. If there is a Respondent’s Reply, then within
seven (7) days of receipt of the Respondent’s Reply,
the Claimant shall deliver to the Arbitral Tribunal
and the Respondent an identification of agreement
or disagreement to any documents produced by
the Respondent in the Respondent’s Reply and
contentions on the reasons for disagreements,
signed by or on behalf of the Claimant.
18
DOCUMENTS-ONLY ARBITRATION
ARTICLE 9
1. Where parties agree expressly in writing to a
documents-only arbitration, the Arbitral Tribunal
shall, upon receipt of the final document
delivered under Article 8 above, proceed to consider
the dispute and publish the award in accordance
with these Rules.
2. Physical attendance by parties for a substantive
oral hearing is not required in a documents-only
arbitration unless, in exceptional circumstances,
the Arbitral Tribunal deems it necessary for the
resolution of the dispute. Decisions, orders and
awards may be made by the Arbitral Tribunal
comprising two arbitrators in a document-only
arbitration in accordance with Article 4 Rule 3(f);
subject always to Article 4 Rule 3(e).
3. Where the aggregate amount of the claim, and/or
counter claim in dispute is less than USD75,000.00
or is unlikely to exceed USD75,000.00 for an
international arbitration; or is less than
RM150,000.00 or is unlikely to exceed RM150,000.00
in a domestic arbitration, the arbitration shall
proceed as a documents-only arbitration, unless
the arbitrator deems it necessary to proceed by
way of substantive oral hearing upon consultation
with the parties.
19
CASE MANAGEMENT MEETING
ARTICLE 10
1. Where the arbitration is not a documents-only
arbitration, the Arbitral Tribunal shall convene
a meeting to be attended by all parties (“Case
Management Meeting”) no later than eight (8)
weeks from the date of commencement of the
arbitration. Case Management Meetings may be
conducted through a meeting in person, by video
conference, by telephone or by any other means of
communications as agreed by the parties or failing
which, as determined by the Arbitral Tribunal.
2. At the Case Management Meeting, the Arbitral
Tribunal shall enquire into the status of the
arbitration and shall consider directions for the
further conduct of the arbitration. In addition to
the powers and jurisdiction of the Arbitral
Tribunal as stated in these Rules, the Arbitral
Tribunal shall also give:
a) Directions for the production and exchange of
any statements of case, defence or reply or the
compliance of any other preceding procedure in
these Rules (if parties have failed to exchange
such statements or comply with such procedure
within the time prescribed by these Rules) to
be done at such shorter number of days than
that prescribed under these Rules for the party
that failed to do so in the first instance. In any
event, such time shall be no longer than the
periods prescribed under these Rules;
b) Directions that any substantive oral hearings
are to be held at the premises of the Centre
unless parties agree otherwise;
c) Directions as to the procedure and process for
the substantive oral hearings as may be
necessary for the expedient determination of
the dispute(s) in the reference based on the
powers and jurisdiction given to the Arbitral
Tribunal under these Rules;
20
d) Directions that all or any applications for
further directions or orders be delivered to the
Arbitral Tribunal no later than seven (7) days
from the date of the delivery of the Statement of
Reply, (if such statement has not already been
exchanged in accordance with these Rules), or
fourteen (14) days from the date of the Case
Management Meeting (if such applications
have not by such time already been delivered
to the Arbitral Tribunal) and directions that
such application(s) must be supported by a
statement signed by or on behalf of the party
setting out the grounds for the application
and all relevant supporting documents. The
Arbitral Tribunal shall then direct accordingly
on the procedure for the expeditious
determination of such application(s);
e) Directions that any and all applications for
further directions delivered to the Arbitral
Tribunal after the time limit stipulated in
Article 10 Rule 2(d) may be refused by the
Arbitral Tribunal on the sole ground that they
were not delivered in accordance with the said
time limits. The Arbitral Tribunal may however
consider applications for further directions
delivered after the time limit stipulated in
Article 10 Rule 2(d) if the Arbitral Tribunal is
of the view that the application is necessary
for the fair disposal of the arbitration.
3. Where the arbitration is not a documents-only
arbitration, the Arbitral Tribunal may if appropriate
in all the circumstances, dispense with the
Case Management Meeting but shall no later
than eight (8) weeks after commencement of the
arbitration, issue such directions as are necessary
or expedient under Article 10 Rule 2.
21
SUBSTANTIVE ORAL HEARINGS
ARTICLE 11
1. Where the arbitration is not a documents-only
arbitration, the Arbitral Tribunal shall direct that the
substantive oral hearings be conducted as soon as
reasonably possible and in any event to commence
not more than twenty (20) days after the conclusion
of all the procedures and processes preceding the
substantive oral hearings and that the substantive
oral hearings be completed no later than one
hundred twenty five (125) days from the
commencement of the arbitration. The Arbitral
Tribunal shall also direct that the substantive
oral hearings not to exceed a period of six (6)
working days.
2. The Arbitral Tribunal may, if so agreed by the
parties, direct a shorter period for the
commencement of the substantive oral hearings
from the conclusion of all the procedures and
processes preceding the substantive oral
hearings and/or, direct a shorter period for the
completion of the substantive oral hearings from
the commencement of the arbitration and/or,
direct a shorter period for the substantive oral
hearings itself.
3. The parties agree to cooperate and take every
opportunity to save time where possible in order
to achieve the maximum periods stated in
Article 11 Rule 1 above.
4. All parties may, with the agreement of the Arbitral
Tribunal, extend the maximum periods stated in
Article 11 Rule 1 above, but up to a further
maximum of ten (10) days in relation to the
commencement of the substantive oral hearings
from the conclusion of all the procedures and
processes preceding the substantive oral hearings
and/or a further maximum of forty (40) days in
relation to the completion of the substantive
oral hearings from the commencement of the
arbitration. The period for the substantive oral
hearings itself may only be extended by a further
maximum of four (4) working days with the
agreement of the parties and the Arbitral Tribunal.
22
AWARDS
ARTICLE 12
1. Due to the overriding interest of an expeditious
determination of the dispute(s) in the reference
as a whole, the parties agree that they shall not
apply for an interim award under these Rules. In
addition, the parties further agree that Section 41
of the Act is opted out in relation to the parties’
arbitration agreement.
2. The Arbitral Tribunal may hear the following
applications for rulings and shall be empowered
to determine the following:
a) Applications for permission to amend the
aforesaid statements or other documents
delivered in the arbitration;
b) Applications for specific disclosure of
documents and facts;
c) Such further or other applications for directions
as may appear to the Arbitral Tribunal to be
necessary for the fair and expedient resolution
of the dispute under arbitration; and
d) Without prejudice to the general powers
conferred on the Arbitral Tribunal under Article
6 Rule 5, make orders as to costs in relation to
Article 12 Rule 2 (a) to (c) above.
In considering any applications under this rule, the
Arbitral Tribunal shall have due regard to ensuring
a fair and expeditious determination of the disputes
in reference as a whole.
3. The award shall state the reasons upon which it is
based. The award shall be signed by the Arbitral
Tribunal and shall contain the date and place in
which the award was made.
4. With regard to a documents-only arbitration, the
Arbitral Tribunal shall publish the final award
expeditiously and no later than ninety (90) days
from the commencement of the arbitration.
23
5. With regard to an arbitration with a substantive
oral hearing, the Arbitral Tribunal shall publish the
final award expeditiously and no later than hundred
and sixty (160) days from the commencement
of the arbitration subject to such equivalent
extensions as may have been agreed by the
parties, the Arbitral Tribunal under Article 11 Rule 4.
EXTENSION OF TIME FOR THE AWARD
ARTICLE 13
1. If it appears to the Arbitral Tribunal that the final
award may not be published within the time limits
provided in these Rules, the Arbitral Tribunal shall
no later than fourteen (14) days before the lapse
of the said time limit notify the Director and the
parties in writing explaining and justifying the
reasons for the delay, state the revised estimated
date of publication of the award and seek the
Director’s prior consent for such an extension of
time for the publication of the award.
COSTS AND EXPENSES OF THE ARBITRATION
ARTICLE 14
1. The term “costs” includes only:
a) The fees of the Arbitral Tribunal to be stated
separately as to each arbitrator and to be fixed
by the Arbitral Tribunal itself in accordance
with Article 19;
b) The reasonable travel and other expenses
incurred by the arbitrators;
c) The reasonable costs of expert advice and of
other assistance required by the Arbitral
Tribunal;
d) The reasonable travel and other expenses of
witnesses to the extent such expenses are
approved by the Arbitral Tribunal;
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e) The legal and other costs incurred by the
parties in relation to the arbitration to the extent
that the Arbitral Tribunal determines that the
amount of such costs is reasonable.
2. Costs shall be awarded on a summary and
commercial basis and in such manner and
amount as the Arbitral Tribunal shall in its
absolute discretion consider fair, reasonable and
proportional to the matters in dispute. The
Arbitral Tribunal shall specify the amount of such
costs. There shall be no taxation or review by
the High Court of such costs, fees and expenses.
3. The parties’ recoverable costs are capped so that
neither party shall be entitled to recover more than
a sum equivalent to 30% of the total amount of
claim and counter claim (if any) in a documentsonly
arbitration and 50% in an arbitration with
substantive oral hearing. For avoidance of doubt,
these percentages are maximum figures and the
Arbitral Tribunal may however at any time, and in
its absolute discretion, cap the parties’ costs to
some lesser percentage.
4. If declaratory or other non-monetary relief is
sought the Arbitral Tribunal will, following
completion of opening submissions and in its
sole discretion, decide what overall cap on costs
is to apply.
5. To enable the Arbitral Tribunal to assess costs,
each party will provide a breakdown of those costs
as soon as the Arbitral Tribunal is in a position to
proceed to its award.
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WAIVER OF OBJECTIONS &
TIME FOR CHALLENGE
ARTICLE 15
1. For the purposes of Section 7 of the Act, the time
limit for any objection is seven (7) days.
2. For the purposes of Section 15(1) of the Act, the
time limit for any challenge in accordance with
the said provision is seven (7) days.
EXCLUSIONS
ARTICLE 16
1. Parties agree not to hold the Centre, its officers,
employees, agents and committees responsible
or liable for anything done or omitted to be done
in the discharge or purported discharge of any
power, function or duty under these Rules or in
connection with any Arbitral Tribunal or arbitration
under these Rules.
EX-PARTE HEARINGS
ARTICLE 17
1. If without sufficient cause a party fails to attend or
be represented at any of the oral hearings of
which due notice was given or where a party fails
after due notice to submit written evidence or
lodge written submissions, the Arbitral Tribunal
may continue the proceedings in the absence of
that party or as the case may be, without any
written evidence or written submission on his
behalf, and deliver an award on the basis of the
evidence before the Arbitral Tribunal.
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CONFIDENTIALITY
ARTICLE 18
1. The parties and the Arbitral Tribunal shall at all
times treat all matters relating to the arbitration
and the award as confidential. A party or any
arbitrator shall not, without the prior written
consent of the other party or the parties, as the
case may be, disclose to a third party any such
matter except:
a) For the purpose of making an application to
any competent court;
b) For the purpose of making an application to
the courts of any State to enforce the award;
c) Pursuant to the order of a court of competent
jurisdiction;
d) In compliance with the provisions of the laws of
any State which is binding on the party making
the disclosure; or
e) In compliance with the request or requirement
of any regulatory body or other authority which,
if not binding nonetheless would be observed
customarily by the party making the disclosure.
2. The Centre may however publish any award made
under these Rules in any form provided that the
names or identities of the parties shall not be
disclosed without the consent of all the parties.
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ARBITRAL TRIBUNAL’S FEES, DEPOSITS
AND PAYMENT
ARTICLE 19
1. The Director of the Centre shall fix the fees of the
Arbitral Tribunal either before the arbitral tribunal
takes up its duties or as soon as practicable
after the appointment of the arbitral tribunal.
Before fixing such fees, the Director shall:
a) Consult with the parties and the members of the
Arbitral Tribunal; and
b) Have regard to but not be bound by the schedule
of fees in Appendix A1 (USD scale) or Appendix
A2 (Ringgit scale):
i. As a general rule, the USD scale in Appendix
A1 is intended to apply to international
arbitration whereas the Ringgit scale in
Appendix A2 is intended to apply to domestic
arbitration;
ii. Notwithstanding the above, all the parties
and the Arbitral Tribunal are at liberty
to agree on the fees and expenses of the
arbitral tribunal. In the event that no
agreement is reached between all the
parties and all the members of the arbitral
tribunal, Rules 1(a) and (b) will apply.
2. The fees of the Arbitral Tribunal are inclusive
of the Centre’s administrative charges. The
Centre’s administrative charges shall be (7.50%)
of the Arbitral Tribunal’s Fees. The Centre’s
administrative charges shall be deducted from
(and not added on) the Arbitral Tribunal’s fees.
3. The fees of the arbitral tribunal and the Centre’s
Administrative charges above may, in exceptional
or unusual or unforeseen circumstances, be
adjusted from time to time at the discretion of the
Director of the Centre.
4. For the purpose of calculating the amount in
dispute, the value of any counter-claim and/or
set-off will be added to the amount of the claim.
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5. Where a claim or counter-claim does not state a
monetary amount, an appropriate value for the
claim or counter-claim shall be settled by the
Director of the Centre in consultation with the
arbitral tribunal and the parties for the purpose
of computing the Arbitral Tribunal’s fees.
6. The Arbitral Tribunal shall notify and require the
parties, soon after the Director of the Centre
has fixed the Arbitral Tribunal’s fees pursuant to
Article 19 Rule 1 and 2 above and from time to
time thereafter, to provide a deposit each or further
supplementary towards the applicable fees and
administrative charges. The parties shall within
fourteen (14) days of receipt of the written request
from the Arbitral Tribunal, pay such deposits
directly to the Centre, providing that at no time
shall the Arbitral Tribunal request for deposits
which collectively surpass the fees applicable.
7. The Director may apply the deposits towards the
fees and expenses of the Arbitral Tribunal and
the Centre’s administrative charges in such
manner and at such times as the Director thinks
fit. Any interest which may accrue on such
deposits shall be retained by the Centre.
8. If any party fails or refuses to pay its portion of the
deposit or supplementary deposit as requested,
the Arbitral Tribunal shall so inform the parties in
order that any other party may make the requested
payment. If such a payment is then not made by
the other party within fourteen (14) days of being
informed by the Arbitral Tribunal (and if no
payment has been forthcoming from the defaulting
party), the Arbitral Tribunal may at his exclusive
discretion either:
a) Proceed with the arbitration and the hearings
and exercise a lien over the award until all
payments of any outstanding deposit or
supplementary deposit has been paid by the
defaulting party or by any other party; or
b) Suspend or terminate the arbitration
proceedings or any part thereof until and
unless all deposits requested has been paid
by the defaulting party or by any other party.
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9. Upon any award being published, the Arbitral
Tribunal shall submit 5 sealed copies of the
award with the Centre and notify the parties that
either party may take up the award upon full
settlement of the cost of the award.
10. In the event of a mutual settlement of issues or
disputes between the parties before the award is
made, the parties shall be jointly and severally
responsible to pay to the Arbitral Tribunal any
outstanding sums towards the applicable fees
including if any deposits paid prior to the mutual
settlement if any, are found to be insufficient
to cover the applicable fees. This rule applies
irrespective of whether or not a consent award
is required to be made or delivered.
11. If the whole arbitration or any issue is settled at
the pre-hearing stage reducing the quantum
claimed, then the fee applicable is to be
recalculated on the new quantum and 40%
of the difference between the new applicable
fees and the previous applicable fees becomes
payable within fourteen (14) days. If the
settlement occurs during the hearing or after
the hearing but before the award, 80% of the
applicable fee is payable or if an issue is settled
reducing the quantum claimed then 80% of
the difference between the new applicable
fees and the previous applicable fees becomes
payable within fourteen (14) days.
12. The parties shall remain jointly and severally
liable to the Centre and the Arbitral Tribunal
for payment of all fees and expenses until
they have been paid in full even if the arbitration
is abandoned, suspended or concluded, by
agreement or otherwise, before the final
award is made.
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CORRECTION OF THE AWARD
ARTICLE 20
1. Within fourteen (14) days of receipt of an award,
any party upon written notice to the others may
request the Arbitral Tribunal to correct any errors
of computation, any clerical or typographical
errors, slips or omissions in the award and the
Arbitral Tribunal may within fourteen (14) days
of receipt of the request, make such corrections
to the award. Providing that this does not prevent
the Arbitral Tribunal of his or her own violation
from making such limited corrections to the award
within twenty-one (21) days of the delivery of the
award to the parties (or any party as the case may
be). All corrections to the award shall be in writing
and shall form part of the award.
INTERPRETATION OF THE AWARD
ARTICLE 21
1. Within fourteen (14) days of receipt of an award,
any party upon written notice to the others
may request the Arbitral Tribunal to give an
interpretation of the award or any part thereof
and the Arbitral Tribunal may provide such an
interpretation in writing within fourteen (14) days
of receipt of the written notice requesting the
same. The written interpretation shall form part of
the award.
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ADDITIONAL AWARD
ARTICLE 22
1. Where any issue or dispute within the reference is
omitted or not covered within the award, any
party may within fourteen (14) days of receipt of
an award issue a written application to the
Arbitral Tribunal copied to the other parties, to
deliver an additional award as to the issue or
dispute. If the Arbitral Tribunal declines or
refuses to make an additional award within
fourteen (14) days of such a written application,
the Arbitral Tribunal shall be deemed to
have decided that an additional award on
the issue or dispute is not necessary. If the
Arbitral Tribunal is inclined to deliver an
additional award, the Arbitral Tribunal shall only
do so if it is just and convenient and the omission
or failure to cover the issue or dispute in the
award can be rectified without further hearing or
evidence providing that such an additional award
is made within fourteen (14) days of receipt of
the written application.
2. If the application for an additional award is made
jointly by all the parties, the Arbitral Tribunal shall
comply with the request and make an additional
award within fourteen (14) days of the receipt of
the written application.
3. The additional award shall be made in writing and
shall state the reasons on which it is based.
The additional award shall form part of the award.