A party (Claimant) applying for Arbitration case shall submit a request in writing to the Secretary-General which includes the following:
- Name, surname, function, nationality and address of the claimant submitting the request for arbitration.
- Name, surname, function, nationality and address of the other party (Respondent) of the dispute.
- Report including the facts and evidence of the dispute, specifying the claimant’s demands.
- Name of the chosen arbitrator, if applicable.
- Copies of the Arbitration agreement and all documents related to the dispute.
The Secretary-General shall ensure that the file presented by the claimant is complete with all the documents required to precede with the Arbitration procedures. Otherwise, the concerned party shall be required to produce any missing documents.
Upon receiving the request for Arbitration and payment of the fees, the Secretary-General shall send an acknowledgement-of-receipt notice to the applicant along with a copy of the Arbitration request, by registered mail with confirmation of receipt, to the other party (Respondent) of the dispute within seven days after receipt of the complete documents.
The respondent should submit within 20 days of receiving the notification of Arbitration a reply in writing including the respondent’s arguments and counter claims, if any, supported by any documents available and he has to nominate his arbitrator. The Secretary-General, upon a request from the respondent, may extend the period for no more than 20 extra days. The parties have to sign the Arbitration agreement before the commencement of the procedures.
If the claimant does not name the arbitrator representing him in the request for arbitration, the Secretary-General, in consultation with the Committee, shall appoint an arbitrator representing the claimant within a 1week after the receipt of request for Arbitration.
If the respondent does not name the arbitrator representing him within the same period as mentioned in the previous Article, the Secretary-General shall appoint an arbitrator representing the respondent within one week.
The Secretary-General shall request to the arbitrators of both parties to appoint a third arbitrator to serve as head (Chairman) of the Arbitration Tribunal. Should they fail to reach an agreement to appoint third arbitrator within 15 days from the date of the Secretary-General’s request, the Secretary-General shall appoint the third arbitrator within a week.
Arbitrators are invited to sign an undertaking to guarantee their neutrality and their commitment in the secrecy and the non-disclosure of any information related to the case and the abstention of meeting any party aside, arbitrators also have to disclose any relation that might connect them with any party.
If one of the parties disputes the validity of appointing of any of the arbitrators, the Secretary-General shall resolve this dispute within three days with a final decision, provided that this dispute is raised prior to the session scheduled for consideration of the case.
If any of the arbitrators passed away or excuses from carrying out or continuing his task or a force majeure prevents him from accomplishing his task, a new arbitrator shall be appointed to replace the previous one in the same manner as the latter within a week from the notification of the concerned party about the excuse or the death of his arbitrator.
The Secretary General shall refer the case file to the tribunal within seven days of the date of its formation in accordance with these procedures. The tribunal should commence discharging its task within 15 days of receiving the Secretary-General’s notification.
- A non-refundable amount of one thousand (1,000) US Dollar shall be collected as a fee for submitting and registration of the Arbitration request.
- The Centre shall charge administrative fees in return for the services it provides to the parties in accordance with the Article 39 of the Procedures.
- The administrative fees shall be calculated as a decreasing percentage of the disputed amount as shown in the Schedule of Administrative Fees below. The fees shall be calculated as the cumulative total of the fee amounts payable for the categories preceding, and including, the one representing the portion of the disputed amount. An increasing fixed amount is to be added to the percentage. The administrative fees shall not in any way exceed 2% as stipulated in the article 39 of the procedures except for the disputed amount under (100,000) US Dollar. If the disputed amount exceeds one Hundred million dollars, the administrative fees shall be a fixed amount of sixty thousand (60,000) US Dollar.
- The Board of Trustees may amend this Schedule from time to time upon a proposal from the Secretary-General.