International Arbitration Rules

General Provisions

Article 1

The Canadian Commercial Arbitration Centre

1. The Canadian Commercial Arbitration Centre (hereafter the “Centre” ) is a non-profit organization which seeks in particular to promote and facilitate the resolution of disputes by means of arbitration, in accordance with the procedure laid down in its International Arbitration Rules (hereafter the “Rules”).

2. The Centre is not a body for settling the disputes submitted to arbitration in accordance with its Rules. The role of the Centre is to ensure the application of the Rules.

3. The functions entrusted to the Centre under the Rules are of a purely administrative nature. The decisions taken by the Centre with regard to disputes submitted to arbitration in accordance with the Rules are final, without appeal and do not state the reasons upon which they are based.

4. The Centre may provide its services directly or, if the parties have mutually agreed, through the facilities of arbitral institutions with which it has entered into a cooperation agreement.

Article 2

Scope of Application

1. Where parties have agreed to settle a dispute by means of arbitration under the auspices of the Centre without designating the applicable rules and that dispute denotes an international commercial character, they are deemed to have submitted the dispute to arbitration in accordance with the Rules.

2. Where parties have submitted or are deemed to have submitted a dispute to arbitration in accordance with the Rules, the dispute shall be settled in accordance with the Rules in effect at the date of commencement of the arbitral procedure, unless the parties have agreed otherwise.

3. The Rules govern the arbitration except where, and insofar as, they are in conflict with any rules of law from which the parties may not depart.

Article 3

Definitions and Interpretation

1. In the Rules:

a) “Tribunal” means one or more arbitrators;

b) “Claimant” or “Respondent” refers to one or more claimants or respondents;

c) “Party” means, as the case may be, the Claimant or the Respondent whereas “parties” designates the Claimant and the Respondent;

d) “Award” includes in particular an interim, a partial or a final Award.

2. The Rules shall be interpreted taking into account their international character and the general principles of international commercial arbitration from which they draw inspiration.

3. In all matters not expressly provided for in the Rules, the Centre and the Tribunal shall act in the spirit of the Rules and shall make every effort to bring the arbitration to its conclusion and ensure that the Award is enforceable.

Article 4

Confidentiality

1. Unless otherwise agreed by the parties, the Centre, the arbitrators and the parties undertake to keep confidential and not to disclose or to use outside of the arbitral procedure any information not otherwise in the public domain which was obtained or generated by virtue of the arbitration, including the existence of the arbitration itself as well as the decisions and deliberations of the Tribunal.

2. The information referred to in paragraph 1 may be disclosed, in good faith, only insofar as it is strictly necessary to satisfy a legal requirement. A party who intends to proceed with such a disclosure shall give reasonable advance notice to all other parties involved.

3. The information referred to in paragraph 1 may also be disclosed in good faith in order to protect or to pursue a legal right, particularly in the context of legal proceedings seeking the enforcement or the annulment of an Award made by the Tribunal.

4. A party shall be responsible for the breach by its employees or its advisors of any duty of confidentiality owed under the Rules. A party who calls witnesses shall inform them of such duty and shall invite them to subscribe thereto.

Article 5

Waiver

A party who knows of a failure to comply with any provision of the Rules, any other rules applicable to the arbitral proceedings, any direction given by the Tribunal, or any requirement under the arbitration agreement relating to the constitution of the Tribunal, or to the conduct of the arbitral proceedings, and yet proceeds with the arbitration without raising its objection without undue delay shall be deemed to have waived its right to object.

Article 6

Exclusion of Liability

Neither the Centre – including its employees, directors, advisors, members and the members of each of its related bodies – nor the Tribunal and the Tribunal experts are liable for any act or omission in relation to the arbitration and they cannot be compelled to testify or to make any statements with regard to the arbitration.

Article 7

Representation and Assistance

The parties may be represented or assisted by the persons of their choice. The names and details of such representatives, as well as any changes in connection thereto, shall be communicated immediately to the other party, the Centre and the Tribunal.

Article 8

Default Procedure

If any of the parties refuses or fails to take part in the arbitration or any stage thereof, the arbitration shall proceed notwithstanding such refusal or failure.

Article 9

Notifications and Time limits

1. Unless otherwise agreed by the parties, all notifications or communications shall be in writing and delivered with acknowledgement of receipt or transmitted by any rapid means of communication providing evidence of its transmission.

2. A notification or other communication shall be deemed effective if made to the last known address of the party or its representative to whom it is addressed .

3. All notifications and communications made prior to the constitution of the Tribunal, except with regard to the Request for Arbitration and the Answer to the Request, shall be transmitted to the Centre and to the other party. Additional copies shall be simultaneously supplied to the Centre in a number sufficient for constituting a file for each arbitrator. A copy of any other notification or communication emanating from the parties or the Tribunal shall be transmitted to the Centre, where the latter is not the intended recipient.

4. Any time limit triggered by a notification or communication shall start on the day following the day when the notification or communication is received. If the last day of the time limit is an official holiday or a non-business day in the place where it is received, the time limit shall be extended until the next business day. Official holidays and non-business days are included in the calculation of time limits.

5. Parties may agree to abridge any time limit fixed under the Rules. When such an agreement is reached after the constitution of the Tribunal, it shall take effect only with the Tribunal’s consent.

6. A time limit provided under the Rules, whether fixed by the Tribunal or agreed upon by the parties for the purposes of the arbitral procedure, including time limits related to any notification or communication between the parties, may, at any time, be extended or reduced by the Tribunal or, if needed by the Centre. The Tribunal is not, however, empowered under any circumstances to extend a time limit that has been imposed on it. The Centre may, however, grant such an extension even when the time limit has expired.

Article 10

Settlement of the dispute

At any stage of the arbitration, the parties may attempt to settle the dispute by such means as negotiation, mediation or conciliation. When requested by all parties and under conditions determined by the Centre, it shall suspend the arbitral proceedings in order to allow the parties to discuss a settlement.

Commencement of the Arbitration

Article 11

Request for Arbitration

1. A party wishing to submit a dispute to arbitration under the Rules shall file a written Request for Arbitration (the “Request”) with the Centre.

2. The date of the commencement of the arbitral procedure shall be the date on which the Centre receives the Request.

3. In particular, the Request shall contain:

a) a request that the dispute be referred to arbitration in accordance with the Rules;

b) the name and descriptions, capacity and address, telephone and fax numbers, and electronic mail address for each party;

c) a statement as to the nature of the dispute and the circumstances out of which it arose;

d) a summary of the substance of the Request, the relief sought and, to the extent possible, the amount(s) claimed;

e) a copy of the relevant arbitration agreement as well as any documents and particulars of such nature as to establish clearly and sufficiently the substance of the dispute, including the contracts in relation to which the dispute has arisen;

f) any proposal or comment from the Claimant as to the seat of the arbitration, applicable rules of law, the language of the arbitral proceedings and the constitution of the Tribunal (number of arbitrators, choice, capacity or identity and appointment procedure)

4. The Request shall be filed with the Centre in as many copies as are needed for constituting the Centre's file and each arbitrator’s file, as well as for notifying each Respondent.

5. The Request shall be accompanied by the payment of the registration fees.

6. In the event that the Claimant fails to comply with one of the requirements set out in paragraphs 3, 4 and 5, the Centre may fix a time limit within which the Claimant must comply, failing which the Request shall be archived and the arbitral procedure deemed never to have commenced.

7. The Centre shall notify the Request to the Respondent and inform the parties of the date of the commencement of the arbitral procedure.

Article 12

Answer to the Request for Arbitration and Counterclaim

1. Within 30 days from the notification of the Request by the Centre, the Respondent shall file its Answer to the Request for Arbitration (the “Answer”) which shall contain, in particular :

a) its name and descriptions, capacity and address, telephone and fax numbers, and electronic mail address;

b) its comments as to the nature and the circumstances of the dispute giving rise to the claim and its positions with regard to the allegations of the Claimant;

c) its own statement as to the nature of the dispute and the circumstances out of which it arose;

d) its position with regard to the claim, the relief sought, and, if any, the amount(s) claimed;

e) any proposal or comment as to the seat of the arbitration, the applicable rules of law, the language of the arbitral proceedings and the constitution of the Tribunal (number of arbitrators, choice, capacity or identity and appointment procedure) in response, as the case may be, to proposals, comments or indications made by the Claimant.

2. Any counterclaim(s) made by the Respondent shall be filed with the Answer and shall contain, in particular:

a) a request that the dispute be referred to arbitration in accordance with the Rules;

b) a statement as to the nature of the dispute giving rise to the counterclaim and the circumstances out of which it arose;

c) a summary of the substance of the claim, the relief sought and, to the extent possible, the amount(s) claimed d) a copy of the relevant arbitration agreement as well as any documents and particulars of such nature as to establish clearly and sufficiently the substance of the dispute, including the contracts in relation to which the dispute has arisen.

3. The Answer shall be filed with the Centre in as many copies as are needed for constituting the Centre's file and each arbitrator’s file, as well as for notifying each Claimant.

4. The Centre shall notify the Answer to the Claimant.

5. The Claimant may submit a Reply to any counterclaim within 30 days from the date when the counterclaim was notified by the Centre.

Article 13

Consolidation

When a party submits a Request in connection with a legal relationship in respect of which an arbitral procedure between the same parties is already pending under the Rules, the Centre may, at the request of a party, decide to include the claims contained in the Request in the pending arbitral procedure if it is satisfied that the arbitration agreements are compatible and that consolidation would be appropriate.

Article 14

New Parties

1. Before the Tribunal has been constituted, the parties may mutually agree to include in the arbitral procedure, as Claimant or Respondent, any new party who agrees thereto.

2. The new parties shall be entitled to respond, in accordance with the Rules, within 30 days after the file has been communicated to them by the Centre and, as the case may be, to make their own claims.

Article 15

New or Modified Claims

1. Before the Tribunal has been constituted, the parties may submit new or modified claims or counterclaims to the Centre which shall, upon receipt, notify the parties involved thereof. The parties shall respond to the new or modified claims or counterclaims within a period of 30 days.

2. After the Tribunal has been constituted, no party shall make new or modified claims or counterclaims unless it has been authorized to do so by the Tribunal, which shall consider the nature of such claims or counterclaims, the stage of the arbitral procedure and other relevant circumstances.

The Arbitral Tribunal

Article 16

Autonomy of the Parties and Role of the Centre

1. Insofar as the parties have not agreed otherwise, the Tribunal shall be constituted in accordance with the provisions of Article 17 of the Rules.

2. Any arbitrator designated by the parties or one of them, by co-arbitrators or by any other authority pursuant to a procedure agreed upon by the parties, shall be subjected to confirmation by the Centre.

3. Where the Centre is required to appoint an arbitrator, it shall be at liberty to choose any person whom it regards as suitable. It shall consider, in particular, the arbitrator's nationality, residence and other relationships with the countries of which the parties are nationals as well as the arbitrator's availability and ability to conduct the arbitration in accordance with the Rules.

4. Unless the parties are all of the same nationality, each one of them may require that the sole arbitrator or the presiding arbitrator of the Tribunal be of a nationality other than those of the parties.

Article 17

Constitution of the Tribunal

1. Where the parties have not agreed on the number of arbitrators within a period of 30 days from the notification to the Respondent of the Request for Arbitration, the Centre shall appoint a sole arbitrator. However, if the Centre decides that the circumstances of the case are such as to warrant the constitution of a Tribunal of three arbitrators, it shall promptly inform the parties thereof.

2. Where the parties have agreed that the dispute shall be settled by a sole arbitrator, they may, by agreement, designate the sole arbitrator. If the parties fail to agree on the identity of the sole arbitrator within a period of 30 days from the notification to the Respondent of the Request for Arbitration, the sole arbitrator shall be appointed by the Centre.

3. Where the parties have agreed that the dispute shall be referred to a Tribunal of three arbitrators, each party shall designate one arbitrator in the Request and the Answer, respectively. The co-arbitrators shall jointly designate the presiding arbitrators.

4. Where the Centre has determined that the constitution of a Tribunal of three arbitrators is appropriate, the Claimant shall designate an arbitrator within a period of 15 days from the notification of the decision of the Centre, and the Respondent shall designate an arbitrator within a period of 15 days from the notification of the appointment or confirmation by the Centre of the first co-arbitrator. The co-arbitrators shall jointly designate the presiding arbitrators.

5. Where a Tribunal of three arbitrators is to be constituted:

a) If a party fails to designate an arbitrator within the prescribed time limits, the appointment shall be made by the Centre. The presiding arbitrator of the Tribunal shall be designated jointly by the co-arbitrators;

b) In the absence of a joint designation of the presiding arbitrator by the co-arbitrators within a period of 15 days from the notification of the appointment or confirmation by the Centre of the second co-arbitrator, the presiding arbitrator shall be appointed by the Centre.

6. Where the constitution of the Tribunal proves to be difficult or in order to ensure its validity, the Centre may appoint any arbitrator or each of them and designate, if needed, a presiding arbitrator, or take any other measures it considers necessary.

Article 18

Independence, Impartiality and Undertaking of the Arbitrator

1. Every arbitrator must remain independent and impartial at all times.

2. Before he agrees to serve, a prospective arbitrator shall sign a statement of independence and impartiality. The arbitrator shall disclose in writing to the Centre any facts or circumstances which might be of such a nature as to raise a reasonable doubt with regard to his independence or impartiality.

3. The Centre shall notify the statement referred to in paragraph 2 to the parties, who shall communicate their comments, if any, within a period of 15 days.

4. At any stage of the arbitral procedure, an arbitrator shall immediately disclose in writing to the Centre, to the parties and to the other members of the Tribunal, any facts or circumstances that may arise during the arbitral procedure and which might be of such a nature as to raise a reasonable doubt with regard to his independence or impartiality.

5. By agreeing to serve, every arbitrator undertakes to make himself available and to carry the arbitral procedure to its conclusion with diligence, and in accordance with the Rules.

Article 19

Challenge of an Arbitrator

1. The challenge of an arbitrator, whether for an alleged lack of independence or impartiality or an alleged lack of the qualifications agreed to by the parties, shall be made by the submission to the Centre of a written statement specifying the facts  and circumstances on which the challenge is based.

2. For a challenge to be admissible, it must be notified to the Centre by a party either within 20 days from the notification of the appointment or confirmation of the arbitrator, or within 20 days from the date when the party making the challenge was informed of the facts and circumstances on which the challenge is based, if such date is subsequent to the latter notification.

3. The Centre shall decide on the admissibility and on the merits of the challenge after it has afforded the parties, the arbitrator concerned and any other members of the Tribunal an opportunity to comment in writing.

4. The challenged arbitrator may request the Centre to be relieved of his duties, without such action implying acceptance of the validity of the grounds for the challenge.

Article 20

Resignation and Dismissal

1. An arbitrator may be relieved of his duties upon the acceptance by the Centre of his resignation or upon the request of all parties.

2. If an arbitrator fails to fulfil his functions, or for any reason is prevented from fulfilling them with diligence and in accordance with the Rules, the Centre may, at the request of a party or on its own initiative, relieve the arbitrator of his duties.

3. When the Centre contemplates the possibility of relieving an arbitrator of his duties, it shall decide on the matter, if applicable, after it has afforded an opportunity for the parties, the arbitrator concerned and any other members of the Tribunal to comment in writing.

Article 21

Replacement

1. If any vacancy occurs within the Tribunal, the Centre shall proceed as soon as possible with the appointment of a substitute arbitrator, in accordance with the original appointment procedure. In cases where an arbitrator designated by a party is successfully challenged or otherwise relieved of his duties, the Centre, taking into account the circumstances of the case and the principle of equality between the parties, may bypass the original procedure and proceed directly with the appointment of a substitute arbitrator.

2. Once reconstituted, the Tribunal shall determine if and to what extent prior arbitral proceedings shall be repeated.

3. Where a vacancy within a Tribunal of three members occurs after the closing of the arbitral proceedings, the remaining arbitrators, taking into account the circumstances of the case and after consultation with the parties, may decide to bring the arbitration to its conclusion without a substitute arbitrator being appointed.

The Arbitral Proceedings

Article 22

Language of the Arbitral Proceedings

1. In the absence of an agreement between the parties, the Tribunal shall determine the language or languages of the arbitral proceedings, taking into consideration the circumstances of the case and any observations of the parties.

2. Before the Tribunal has been constituted and in the absence of an agreement between the parties, the Centre may, at the request of a party and taking into consideration the circumstances of the case and any observations of the parties, may provisionally determine the language of the arbitral proceedings.

Article 23

Seat of the Arbitration

1. In the absence of an agreement between the parties, the Tribunal shall fix the seat of the arbitration taking into consideration the circumstances of the case and any observations of the parties.

2. Hearings and meetings shall be conducted at the seat of the arbitration. However, after consultation with the parties and unless they have agreed otherwise, the Tribunal may conduct hearings and meetings at any location it considers appropriate.

3. The Tribunal may deliberate at any location it considers appropriate.

4. Before the Tribunal is constituted and in the absence of an agreement between the parties, the Centre may, at the request of a party and taking into consideration the circumstances of the case and any observations of the parties, provisionally determine the seat of the arbitration.

Article 24

Applicable Rules of Law

1. The parties shall be free to agree upon the rules of law to be applied by the Tribunal to the merits of the dispute. In the absence of such agreement, the Tribunal shall apply the rules of law which it determines to be appropriate.

2. In all cases the Tribunal shall take account of the provisions of the contract and the relevant trade usages.

3. The Tribunal shall assume the powers of an amiable compositeur or decide ex aequo et bono only if the parties have agreed to give it such powers.

4. Unless they agree otherwise, the parties expressly waive and forego any right to punitive or exemplary damages insofar as such waiver can validly be made. The conduct of the parties during the arbitral proceedings may however be taken into account by the Tribunal in the apportionment of the costs of the arbitration.

Article 25

Pleas as to the Jurisdiction of the Tribunal

1. The Tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the scope, existence or validity of the arbitration agreement. The Tribunal shall rule on such objections as a preliminary matter or as part of the final Award.

2. The Tribunal shall have the power to determine the existence or validity of a contract of which an arbitration agreement forms part. Such an Arbitration Agreement shall be treated as an agreement independent of the other terms of the contract. A decision by the Tribunal that the contract is null and void shall not, for that reason alone, render invalid the Arbitration Agreement included in the contract.

Article 26

Interim and Conservatory Measures

1. The Tribunal may, at the request of a party, order any interim or conservatory measure it deems appropriate having regard to the circumstances of the case.

2. A party may apply to any competent judicial authority for interim or conservatory measures and such application shall not be deemed to be a waiver of the arbitration agreement.

3. Notice of any application made to a judicial authority shall be given without delay to the Centre and, if it is constituted, to the Tribunal.

Article 27

Transmission of the File

The Centre shall transmit the file to the Tribunal as soon as the latter has been constituted. The Tribunal shall only rule on claims for which the required advance on costs has been duly paid.

Article 28

Conduct of the Arbitral Proceedings

1. While ensuring that each party has an equal and reasonable opportunity to present its case, the Tribunal shall conduct the proceedings with diligence, using the means it considers appropriate.

2. In the interest of efficiency, the Tribunal may hold a preparatory conference with the parties for the purpose of determining, in particular, the organization, the sequence and the schedule of the proceedings.

3. After consultation with the parties, the Tribunal shall decide which written statements, if any, shall be submitted by the parties at each stage of the proceedings and according to the sequence which it determines.

4. With the authorization of the parties or of the Tribunal, the presiding arbitrator acting alone may take any measure with regard to the proceedings, subject to review by the Tribunal.

Article 29

Evidence

1. If a party so requests, the Tribunal shall organise a hearing for the purpose of taking evidence from the parties, the witnesses, or any other person. In the absence of such a request, the Tribunal shall decide whether to hold a hearing, or to conduct the proceedings on the basis of documents and other materials alone.

2. When a hearing is to be held, the Tribunal shall give the parties reasonable advance notice thereof. Unless the parties agree otherwise, all hearings shall be held in private.

3. Before a hearing, the Tribunal may require either party to reveal the identity of the witnesses it wishes to call, as well as of the subject matter of their testimony.

4. The witnesses may be examined, under the control of the Tribunal, by each of the parties. The Tribunal may put questions to the witnesses at any stage of the examination.

5. The Tribunal may, after consultation with the parties, appoint one or more experts to assist it. The written report of an expert appointed by the Tribunal shall be communicated to the parties who, if one of the parties so requests, shall be given the opportunity to put questions to the expert at a hearing. The opinion of an expert on the issues submitted to him shall be subject to the Tribunal's power of assessment.

6. At any stage of the proceedings, the Tribunal may, at the request of a party or on its own initiative, order a party to produce such documents or other evidence as it considers necessary or useful.

7. The Tribunal shall determine the admissibility, relevance and weight of any evidence submitted to it.

Article 30

Closing of the Proceedings

1. When the parties have agreed to it or when the Tribunal is satisfied that the parties have had a reasonable opportunity to present their cases, the Tribunal shall declare the proceedings closed. Thereafter, no further statements or arguments may be submitted, or evidence produced.

2. Before the Award is made and in the presence of exceptional circumstances, the Tribunal may decide to reopen the proceedings while ensuring that the parties have an equal opportunity to be eard.

Award

Article 31

Making of the Award

1. The Tribunal shall make its Award within six months from the date when the file was transmitted to it.

2. When the Tribunal is composed of more than one arbitrator, an Award is given by a majority decision. If there is no majority, the Award shall be made by the presiding arbitrator alone.

3. The Award shall be made in writing and shall state the reasons upon which it is based. It shall be signed by all of the arbitrators. If one of the arbitrators refuses to sign the Award or is unable to do so, the other arbitrators shall make mention of the situation and the Award shall have the same effect as if it had been signed by all of the arbitrators.

4. The Award shall be deemed to have been made at the seat of the arbitration and on the date stated therein.

Article 32

Settlement and Award by Consent of the Parties

1. If, before a final Award is made, the parties reach a settlement, they may notify the Centre of their intention to terminate the arbitral procedure.

2. At the request of the parties, the Tribunal may record the settlement in the form of an Award. Such Award shall indicate that it is made by consent of the parties; it need not state any other reasons.

Article 33

Notification

1. Before it is signed, the Award shall be transmitted to the Centre which may bring matters of form to the attention of the Tribunal.

2. Once the Award has been signed, the Centre shall notify an original to each party without delay.

3. An original of each Award made in accordance with the present Rules shall be kept by the Centre. Copies of the Award duly certified to be true by the Centre, shall be delivered only to the parties who request them.

4. By virtue of the notification made in accordance with paragraph 2, the parties waive any other form of notification or deposit on the part of the Tribunal.

5. The Tribunal and the Centre shall assist the parties in complying with whatever further formalities may be necessary.

Article 34

Correction and Interpretation

1. On its own initiative, the Tribunal may correct any clerical or typographical errors, any computational errors or any errors of a similar nature contained in the Award, provided such correction is submitted to the Centre within 30 days of the date of the said Award.

2. At the request of a party, the Tribunal may correct an error of the kind referred to in paragraph 1 or provide an interpretation of its Award, provided that such a request is submitted to the Centre within 30 days of the notification of the Award. Before deciding, the Tribunal shall grant the other party an additional 30 days to submit any comments and it shall notify its decision to the Centre without delay.

3. The Tribunal shall make its decision in writing. The decision to correct or to interpret the Award shall take the form of an addendum which shall be deemed to constitute an integral part of the Award. The provisions of the Rules relating to the Award shall apply, modified as necessary, to this decision.

Article 35

Additional Award

1. The Tribunal may, at the request of a party, make an additional Award as to any claim duly presented during the arbitral proceedings but not dealt with in the Award, provided that such a request is submitted to the Centre within 30 days from the notification of the Award. Before deciding on the request, the Tribunal shall ensure that the parties have had the opportunity to be heard.

2. The Tribunal shall make its decision in writing. The provisions of the Rules relating to the Award shall apply, modified as necessary, to this decision. If the Tribunal decides to make an additional Award, it shall do so not later than 60 days following the notification of the request.

Article 36

Enforceability

The Award shall be binding, final and without appeal. By submitting their dispute to arbitration under the present Rules, the parties undertake to carry out without delay the Award that will be made and they shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made, with the exception of any annulment proceedings which may be initiated in a court of law at the seat of the arbitration.

Fees and Expenses

Article 37

Costs of the Arbitration

1. The costs of the arbitration shall include :

a) the fees and expenses of the arbitrators as fixed by the Centre;

b) the expenses related to the organization and the holding of any hearing;

c) the fees and expenses of the experts appointed by the Tribunal;

d) the administrative fees as fixed by the Centre;

e) the registration fees.

2. 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 shared between them.

3. In its Award, the Tribunal may, taking into consideration the circumstances of the case and the outcome of the arbitration, order a party to pay any reasonable expenses incurred by the other party in presenting its case, including those incurred for legal representatives and witnesses.

Article 38

Fees

1. The fees of the arbitrators and the administrative fees shall be calculated in accordance with the schedule of fees in force at the date of the commencement of the arbitral procedure.

2. For the purpose of calculating the fees, the value of a claim or counterclaim which is not quantified or only partially quantified, shall be fixed by the Centre.

3. If one of the parties claims a right to a set-off with regard to either a claim or a counterclaim, such set-off may be accounted for in the same way as a separate claim for the purpose of calculating the fees.

4. Before the Award is made, the Centre shall fix the final amount of the arbitrators' fees and expenses and the Centre's fees, taking into consideration the circumstances of the case.

5. Separate fee arrangements between the parties and the arbitrator are contrary to the Rules.

Article 39

Advance on costs

1. As soon as practicable, the Centre shall fix the advance on costs which must be paid in accordance with the applicable schedule. Each party shall pay half of the advance on costs; a party may, however, pay the whole of the advance on costs, should the other party fail to pay its share.

2. Where a counterclaim is submitted, the Centre may, depending on the circumstances, fix separate advances on costs for the claim and the counterclaim.

3. When a request for an advance on costs has not been complied with within a time limit fixed by the Centre, the claim to which the advance on costs relates shall be considered withdrawn.

4. The Centre may readjust the amount of the advance on costs at any stage of the arbitral procedure.

5. At any stage of the arbitral proceedings, the Tribunal shall communicate to the Centre any relevant indications as to the value of the claims and the complexity of the dispute.

6. The notification of a final Award shall be conditional upon the required advance on costs being fully paid.

7. After notification of the Award to the parties, the Centre shall, in accordance with the said Award, render an account to the parties of the sums deposited and return to them any unexpended balance.