International Arbitration Centre
Arbitration and Mediation Rules
(1 January 2018)

PART I – SCOPE OF APPLICATION AND INTERPRETATION

Article 1 Scope of Application and Interpretation

PART II – ARBITRATION

Article 2 Overriding Objective and Application

Article 3 Time and Notices

Article 4 Request for Arbitration

Article 5 Answer

Article 6 Multiple Parties and Contracts

Article 7 Jurisdiction of the Tribunal

Article 8 Number and Appointment of Arbitrators

Article 9 Qualifications of Arbitrators

Article 10 Challenges to Arbitrators

Article 11 Release and Replacement of Arbitrators

Article 12 Conduct of Arbitral Proceedings

Article 13 Statements of Case

Article 14 Evidence

Article 15 Seat

Article 16 Language

Article 17 Representatives

Article 18 Applicable Law

Article 19 Hearings

Article 20 Witnesses

Article 21 Tribunal-appointed Experts

Article 22 Sanctions for Default and Waiver

Article 23 Additional Powers of the Tribunal

Article 24 Interim Relief

Article 25 Early Determination

Article 26 Close of Proceedings

Article 27 Awards

Article 28 Correction of Awards and Additional Awards

Article 29 Costs

Article 30 Limitation of Liability

Article 31 Expedited Procedure

Article 32 Emergency Arbitrators

PART III – MEDIATION

Article 33 Overriding Objective and Application

Article 34 Prior Agreements to Mediate

Article 35 No Prior Agreement to Mediate

Article 36 Appointment of a Mediator

Article 37 Position Statements

Article 38 Mediation Bundles

Article 39 Conduct of the Mediation

Article 40 Conclusion of the Mediation

Article 41 Settlement

Article 42 Costs

Article 43 Court or Arbitral Proceedings

Article 44 Confidentiality and Privacy

Article 45 Limitation of Liability

PART I – SCOPE OF APPLICATION AND INTERPRETATION

Article 1 Scope of Application and Interpretation

1.1 The AIFC International Arbitration Centre is an independent legal entity in the Astana International Financial Centre established by Article 14 of the Constitutional Statute of the Republic of Kazakhstan «On the Astana International Financial Centre» no. 438-V ЗРК dated 7 December 2015 (as amended) and Regulation 48 of the AIFC Arbitration Regulations 2017.

1.2 In these Rules:

 ‘AIAC’ means the AIFC International Arbitration Centre; ‘AIFC’ means the Astana International Financial Centre;

 ‘Award’ includes a partial, interim or final award and an award of an Emergency Arbitrator;

 ‘Chairman’ means the Chairman of the AIAC;

 ‘Practice Direction’ means a Practice Direction issued by the Chairman under Article 54(2) of the Arbitration Regulations to supplement, regulate and implement these Rules;

 ‘Registrar’ means the Registrar of the AIAC and includes any Deputy Registrar;

 ‘Registry’ has the meaning and functions provided by Article 52 of the Regulations;

 ‘Arbitration Regulations’ means the AIFC Arbitration Regulations 2017;

 ‘Rules’ means these AIFC International Arbitration Centre Arbitration and Mediation Rules issued by the Chairman under Article 54(1) of the Arbitration Regulations; and

 ‘Tribunal’ includes a sole arbitrator or all the arbitrators where more than one arbitrator is appointed.

Any pronoun in these Rules shall be understood to be gender-neutral and any singular noun shall be understood to include the plural as and when appropriate.

1.3 The AIAC administers the resolution of disputes under these Rules.

1.4 These Rules are made by the Chairman of the AIAC and shall come into force on 1 January 2018 and, unless otherwise agreed by the parties, shall apply to any arbitration or mediation which is commenced on or after that date.

PART II – ARBITRATION

Article 2 Overriding Objective and Application

2.1 The overriding objective of this Part of these Rules is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense.

2.2 Where parties have agreed to refer any dispute to the AIAC or to arbitration under the AIAC Rules, the parties shall be deemed to have agreed that the arbitration shall be conducted pursuant to and administered by the AIAC in accordance with this Part of these Rules, or such amended rules as are in force at the date of the commencement of the arbitration or, if earlier, the filing of an application for the appointment of an Emergency Arbitrator.

2.3 Unless the parties otherwise agree, and subject to Article 27.11, the Registrar and the Tribunal shall keep the arbitration and any Award confidential.

2.4 Throughout the proceedings, the parties, the Chairman, the AIAC, the Registrar and the Tribunal shall act in accordance with the overriding objective and in the spirit of these Rules.

Article 3 Time and Notices

3.1 Time periods specified in these Rules shall start to run on the day following the day when a notice or communication is received, unless the Registrar or the Tribunal specifically provide otherwise.

3.2 Unless the Registrar or Tribunal provide otherwise, or unless the parties agree otherwise and inform the Registrar and Tribunal (if applicable) in writing, any period of time is to be calculated in accordance with Alma-Ata Time (UTC+6).

3.3 If the last day of any such period is an official holiday or a non-business day at the place where the notice or communication is received, the period shall be extended until the first business day which follows.

3.4 Official holidays and non-business days occurring during the running of the period of time shall otherwise be included for the purposes of calculating the period.

3.5 Any notice or other communication required under these Rules shall be in writing (a ‘written communication’).

3.6 Any written communication may be delivered personally or transmitted by any method (including any electronic method) that provides a record of the written communication’s delivery.

3.7 Unless otherwise agreed by the parties:

 any written communication is deemed to have been received if it is delivered:

(a) in person to the addressee or an authorised representative of the addressee;

(b) to the addressee’s place of business, habitual residence or published mailing address (including a published email address);

(c) to any address agreed by the parties;

(d) in accordance with previous practice between the parties; or

(e) if, after reasonable efforts, none of the above methods are possible, to the addressee’s last-known place of business or habitual residence;

 any written communication is deemed to have been received on the day it is delivered in accordance with this Article.

3.8 Except where these Rules provide otherwise, the Registrar may extend any time limit set out in these Rules.

Article 4 Request for Arbitration

4.1 A party that wishes to commence an arbitration under these Rules (‘the Claimant’) against any other party or parties (‘Respondents’) must file with the Registrar a Request for Arbitration.

4.2 A Request for Arbitration must be filed with the Registrar in electronic format in accordance with any relevant Practice Direction.

4.3 A Request for Arbitration must contain:

 the names, addresses, telephone and fax numbers (if applicable) and email addresses of all the parties and of their legal representatives;

 a short summary of the dispute;

 a short statement of the relief sought by the Claimant, including a statement of the estimated monetary value of the claim;

 a copy or citation of the arbitration agreement sought to be invoked;

 a statement of any proposed procedural matters relating to the arbitration, which may include:

(a) the seat of the arbitration;

(b) the language of the arbitration; and

(c) the number of arbitrators, their qualifications and identities;

 the name, address, telephone number and email address of any arbitrator appointed or proposed by the Claimant;

4.4 Together with the Request for Arbitration, the Claimant must confirm that the applicable registration fee has been or is being paid to the Registry.

4.5 If the registration fee is not paid at the time the Claimant files its Request for Arbitration, the Registrar will set a time period within which the Claimant must pay the registration fee. If the registration fee is not paid within this time period, the Registrar will undertake no further action on the Request for Arbitration.

4.6 The Claimant shall at the same time as it files its Request for Arbitration send a copy of the Request for Arbitration and all accompanying documents to the Respondent(s) and shall notify the Registrar of the date on which this was done and the method of delivery.

4.7 Unless the parties agree otherwise, an arbitration is commenced on the date on which a Request for Arbitration substantially complying with Article 4.3 is received by the Registrar (‘the Commencement Date’) and the parties are deemed to so agree, for the purposes of the Arbitration Regulations, Article

31. The AIAC shall notify the parties of the Commencement Date.

Article 5 Answer

5.1 Within:

 28 days of receipt of the Request of Arbitration; or

 such other period as the parties agree or the Registrar directs;

the Respondent shall file an Answer to the Request for Arbitration with the Registrar and send a copy to the Claimant.

5.2 The Answer should contain:

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

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

 a preliminary statement of any counterclaims or defences by way of set- off, including a statement of the estimated monetary value of such counterclaims or set-offs;

 where any counterclaims or set-offs are made under a different agreement to that containing the arbitration agreement, a description of each agreement and any arbitration agreement under which each counterclaim or set-off is made;

 a statement of any comments on procedural matters relating to the arbitration, which may include:

(a) the seat of the arbitration;

(b) the language of the arbitration; and

(c) the number of arbitrators, their qualifications and identities.

 the name, address, telephone number and email address of any arbitrator appointed or proposed by the Respondent.

5.3 Failure by a Respondent to submit an Answer shall not prevent the arbitration from proceeding.

Article 6 Multiple Parties and Contracts Joinder

6.1 Where more than two parties are bound by the arbitration agreement, one or more parties may request an arbitration in the same Request against one or more respondents (whether or not jointly represented), and references in these Rules and any relevant arbitration agreement to ‘Claimant’ and ‘Respondent’ shall be interpreted to include the plural as applicable.

6.2 A party to an arbitration may apply to join one or more additional parties to the arbitration as a Claimant or as a Respondent, if all parties, including the additional party, consent to the joinder of the additional party.

6.3 An application under Article 6.2 should be made to the Tribunal as soon as practicable after its constitution.

6.4 An application under Article 6.2 should:

be in writing;

 be sent to all other parties and the additional party (if applicable); be made as soon as possible; and

 contain:

(a) the names, addresses, telephone and fax numbers (if applicable) and email addresses of all the parties (including additional parties) and of their legal representatives;

(b) a statement as to whether the additional party is sought to be joined as a Claimant or a Respondent;

(c) a copy or citation of either:

(і) the arbitration agreement to which the additional party is bound and which is sought to be invoked; or

(ii) the consent of the additional party to joinder pursuant to Article 6.2;

(d) a brief statement of the facts and legal basis supporting the application; and

(e) a statement of any further relevant comments on procedural matters relating to the arbitration.

6.5 The Tribunal shall, after considering the views of all parties, including the additional party to be joined, and having regard to the overriding objective, decide whether to grant, in whole or in part, any application for joinder under this Article.

6.6 Where an application for joinder is granted under this Article, the date of receipt of the application for joinder by the Tribunal may be deemed to be the date of commencement of the arbitration in respect of the additional party.

6.7 Where an application for joinder is granted, the requisite filing fee under any applicable Practice Direction shall be payable for any additional claims or counterclaims.

Multiple contracts

6.8 Parties may make claims arising out of or in connection with more than one contract in a single arbitration.

6.9 Any party may object to all of the claims being made being determined in a single arbitration. Any such objection should be made to the Tribunal as soon as practicable.

Consolidation

6.10 At the request of a party the Tribunal may decide to consolidate a newly commenced arbitration with a pending arbitration, if:

 the parties agree to consolidate;

 all the claims are made under the same arbitration agreement; or

 where the claims are made under more than one arbitration agreement, the relief sought arises out of the same transaction or series of transactions and the Registrar considers the arbitration agreements to be compatible.

6.11 In deciding whether to consolidate, the Tribunal shall consult with the parties and any constituted Arbitral Tribunal and shall have regard to:

 the stage of the pending arbitration;

 the efficiency and expeditiousness of the proceedings; and

any other relevant circumstances.

6.12 Where the Tribunal decides to consolidate, any arbitrator already appointed may be released. Such release shall not affect the validity of any act done or order or Award made by the arbitrator before his appointment was revoked.

Article 7 Jurisdiction of the Tribunal

7.1 The Tribunal has the power to rule on its own jurisdiction, including on any objections with respect to the existence, validity or scope of the arbitration agreement.

7.2 An arbitration agreement which forms part of a contract 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 necessarily entail the invalidity of the arbitration agreement, and the Tribunal shall not cease to have jurisdiction by reason of any allegation that the contract is non-existent or null and void.

7.3 Any objection that the Tribunal does not have jurisdiction shall be raised as soon as practicable and no later than in a Statement of Defence or in a Statement of Defence to a Counterclaim.

7.4 Any objection that the Tribunal is exceeding the scope of its jurisdiction shall be raised within 10 days after the matter alleged to be beyond the scope of the Tribunal’s jurisdiction arises during the arbitral proceedings.

7.5 The Tribunal may rule on an objection referred to in Articles 7.3 and 7.4 either as a preliminary question or in an Award on the merits.

Article 8 Number and Appointment of Arbitrators

8.1 The parties may agree on the number of arbitrators provided the number of arbitrators is one or three.

8.2 Where the parties have not agreed a number of arbitrators, there shall be a sole arbitrator, unless the complexity of the claim calls for three arbitrators.

8.3 The parties may agree on a procedure for the appointment of the Tribunal, including an application to the Chairman of the AIAC.

8.4 Where the parties have not agreed on a procedure for the appointment of the Tribunal, or where the parties have not followed such a procedure within any relevant time limit (either agreed or set by the AIAC Chairman), the Tribunal shall be appointed as follows:

 Where the Tribunal is to consist of a sole arbitrator, the Registrar will ask the parties jointly to appoint a sole arbitrator within 10 days for appointment. If the parties fail jointly to appoint a sole arbitrator, the AIAC Chairman will appoint a sole arbitrator;

 Where the Tribunal is to consist of more than one arbitrator and there are two parties to the arbitration, each party shall appoint an equal number of arbitrators within 10 days of the AIAC Chairman’s request for such appointment. The AIAC Chairman will appoint the Chairman of the Tribunal. If a party fails to appoint an arbitrator within the said 10 days the AIAC Chairman shall appoint an arbitrator on that party’s behalf;

 Where the Tribunal is to consist of more than one arbitrator and there are more than two parties to the arbitration, the Claimants jointly and the Respondents jointly shall appoint an equal number of arbitrators within 10 days of the AIAC Chairman’s request for such appointment. The AIAC Chairman will appoint the Chairman of the Tribunal. If the Claimants or the Defendants fail jointly to nominate an arbitrator within the said 10 days, the AIAC Chairman shall appoint the whole Tribunal;

 If the parties are not all of the same nationality, the sole arbitrator or the Chairman of the Tribunal shall be of a different nationality to that of any of the parties, unless the parties agree otherwise.

8.5 In appointing any arbitrator, the AIAC Chairman shall have due regard to any qualifications required of the arbitrator agreed by the parties and to the overriding objective.

8.6 The AIAC shall establish a list of experienced international arbitrators («the AIAC Panel») from which the parties and the AIAC Chairman may make appointments.

Article 9 Independence of Arbitrators

9.1 Every arbitrator must be and remain independent and impartial.

9.2 Before being appointed, a prospective arbitrator shall disclose to the party proposing to appoint them any circumstances of which they are aware that may give rise to justifiable doubts as to their independence or impartiality.

9.3 Once appointed, an arbitrator must submit to the Registrar a signed statement of acceptance, independence, impartiality and availability disclosing any circumstances of which they are aware that may give rise to justifiable doubts as to their independence or impartiality. The Registrar shall send a copy of the statement to the parties and any other arbitrators.

9.4 Any appointed arbitrator shall immediately inform the Registrar, the parties, and any other members of the Tribunal of any circumstances which arise or of which he or she becomes aware during the course of the arbitration that may give rise to justifiable doubts as to his independence or impartiality.

Article 10 Challenges to Arbitrators

10.1 Subject to the provisions of this Article, a party may challenge any arbitrator if circumstances exist that give rise to justifiable doubts as to that arbitrator’s impartiality or independence or if the arbitrator does not possess the required qualifications agreed by the parties.

10.2 A party may challenge an arbitrator it has appointed, or in whose appointment it has participated, only for reasons it becomes aware of after the appointment was made.

10.3 A party wishing to challenge an arbitrator shall submit a written statement to the Tribunal stating the reasons for the challenge within 14 days from the date the circumstances giving rise to the challenge became known to the party. The party wishing to challenge must at the same time send a copy of its written statement to all other parties. Failure to challenge an arbitrator within 14 days of becoming aware of the relevant circumstances constitutes a waiver of the party’s right to make the challenge.

10.4 Any other party may make written representations to the Tribunal in respect of a challenge. Any such written representations must be sent to all other parties and be made within 14 days of receipt of the challenging party’s written statement.

10.5 If all other parties agree to the challenge, the arbitrator shall resign.

10.6 In all other cases, the Tribunal shall take a decision on the challenge having regard to the overriding objective.

10.7 Any decision of the Tribunal rejecting a challenge shall be without prejudice to any right a party may have to apply within seven days to the AIFC Court under the Arbitration Regulations, Article 22(3).

Article 11 Release and Replacement of Arbitrators

11.1 An arbitrator is released from the terms of his or her appointment and ceases to be a member of the Tribunal when:

 an arbitrator delivers a notice of resignation to the Registrar (whether pursuant to Article 10.5 or otherwise);

 the Tribunal determines to release an arbitrator upon a successful challenge pursuant to Article 10.6;

 the AIFC Court upholds a challenge under the Arbitration Regulations, Article 22(3); or

 the arbitrator is otherwise unable or fails to perform his or her functions as an arbitrator.

11.2 Where:

 an arbitrator appointed by a party or parties ceases to be a member of the Tribunal pursuant to Article 11.1, that party or those parties shall appoint a replacement arbitrator in accordance with Article 8; and

 an arbitrator appointed by the AIAC Chairman ceases to be a member of the Tribunal pursuant to Article 11.1, the AIAC Chairman will appoint a replacement arbitrator in accordance with Article 8.

11.3 Whenever an arbitrator has been replaced, the newly constituted Tribunal shall decide the extent to which proceedings are to be repeated having regard to the overriding objective.

Article 12 Conduct of Arbitral Proceedings

12.1 When:

 the Tribunal has been appointed; and

 any deposit in respect of costs required by the Registrar or by applicable Practice Direction has been paid;

the Registrar will refer the case to the Tribunal.

12.2 The Tribunal shall conduct the arbitration in such manner as it considers appropriate, subject to the Arbitration Regulations and these Rules and any agreement of the parties.

12.3 The Tribunal shall conduct the arbitration in accordance with the overriding objective and shall ensure that each party has an equal and reasonable opportunity to present its case.

12.4 As soon as practicable after the constitution of the Tribunal, the Tribunal shall convene a case management conference with the parties, in person or by any other suitable means, to establish, organise and schedule the procedures that will be most appropriate and efficient for the case.

12.5 The Tribunal may convene further case management conferences and issue revised timetables as it deems appropriate.

12.6 The Tribunal shall send a copy of the timetable and any subsequent modifications of it to the parties and to the Registrar.

12.7 Unless otherwise agreed by the parties, the Chairman of the Tribunal may make procedural rulings alone, subject to revision by the Tribunal.

12.8 All statements, documents or other information supplied to the Tribunal by a party shall simultaneously be communicated to all other parties.

Article 13 Statements of Case

13.1 Unless the Tribunal directs otherwise, the parties shall file statements of case in accordance with this Article.

13.2 All statements of case required to be filed in accordance with this Article must be sent to the Tribunal, Registry, and all other parties.

13.3 The Claimant shall, within such period of time as is ordered by the Tribunal, file a Statement of Claim that shall contain:

 a statement of the facts on which the Claimant relies in support of its claim;

 a statement of the legal principles on which the Claimant relies in support of its claim; and

 a statement of the relief sought by the Claimant, and where such relief is an amount of money, the quantum of such claim.

13.4 The Respondent shall, within such period of time as is ordered by the Tribunal, file a Statement of Defence that shall contain:

 any objections concerning the existence, validity, or applicability of the arbitration agreement or any other challenge to the Tribunal’s jurisdiction to try the claim;

 a statement whether, and to what extent, the Respondent admits or denies the Claimant’s claim; and

 where the Respondent denies all or part of the Claimant’s claim:

(a) a statement of the facts on which the Respondent relies in defence to the Claimant’s claim; and

(b) a statement of any legal principles on which the Defendant relies in defence to the Claimant’s claim.

13.5 If a Respondent’s defence to a claim includes a defence by way of counterclaim, the Respondent’s Statement of Defence must include a Statement of Counterclaim that shall contain:

 a statement of the facts on which the Respondent relies in support of its counterclaim;

 a statement of the legal principles on which the Respondent relies in support of its counterclaim; and

 a statement of the relief sought by the Respondent, and where such relief is an amount of money, the quantum of such claim.

13.6 Where a Respondent files a Statement of Counterclaim, the party against whom the counterclaim is made shall file, within such period of time as is ordered by the Tribunal, a Statement of Defence to Counterclaim containing the relevant matters set out in the subparagraphs of Article 13.4.

13.7 The Tribunal may order the parties to submit further Statements of Case at any time.

13.8 At any time prior to the close of proceedings in accordance with Article 26 a party may submit an amended or supplemented Statement of Case so long as the party’s amended case falls within the relevant arbitration agreement. The Tribunal may refuse to accept an amendment or supplement to a Statement of Case if it would be contrary to the overriding objective to do so.

13.9 If a Claimant fails to file a Statement of Claim within the relevant period of time, the Tribunal may dismiss the Claimant’s claim and, if no other claims or counterclaims remain, terminate the arbitration.

13.10 If a Respondent fails to file a Statement of Defence within the relevant period of time, the Tribunal may proceed with the arbitration and make an award.

Article 14 Evidence

14.1 Within such period of time as is ordered by the Tribunal, the parties shall submit to the Tribunal and to the other parties the evidence on which they rely.

14.2 The Tribunal may order any party to produce to the Arbitral Tribunal and to other parties documents or copies of documents in their possession, custody or power which the Arbitral Tribunal decides to be relevant.

14.3 The Tribunal shall determine the relevance, materiality and admissibility of all evidence. The Tribunal is not required to apply the rules of evidence of any applicable law in making such determination.

Article 15 Seat

15.1 If the parties do not agree the seat of the arbitration, the seat shall be the AIFC.

15.2 The Tribunal may conduct hearings at any place it considers appropriate, including by video conference. The location of such hearings will not alter the seat of the arbitration determined in accordance with Article 15.1.

Article 16 Language

16.1 If the parties do not agree the language of the arbitration, the Tribunal will determine the language of the arbitration having regard to the circumstances of the case and the overriding objective.

16.2 If a party submits a document written in a language other than the language of the arbitration, the Tribunal, or if the Tribunal has not been constituted, the Registrar, may order that party to submit a translation in a form to be determined by the Tribunal.

Article 17 Representatives

17.1 Any party may be represented in an arbitration by legal practitioners or any other person duly authorised by the party.

17.2 The Registrar or the Tribunal may require proof of authority of any person to represent a party.

17.3 After the constitution of the Tribunal, any change by a party to its representation must be notified to all other parties, the Tribunal and the Registrar.

Article 18 Applicable Law

18.1 The Tribunal shall decide the merits of the dispute on the basis of the law in the arbitration agreement. In the absence of such agreement, the Tribunal shall apply the law that it considers most appropriate with regard to the circumstances of the case and the overriding objective.

18.2 Any designation by the parties of the law of a given state shall be deemed to refer to the substantive law of that state, not to its conflict of laws rules.

Article 19 Hearings

19.1 Unless the parties have agreed to dispense with oral hearings the Tribunal shall hold a hearing for the presentation of evidence and for oral submissions on the merits of the dispute, including on any issue as to jurisdiction.

19.2 The Tribunal shall, after consultation with the parties, set the date, time and place of any meeting or hearing and shall give the parties reasonable notice.

19.3 If any party fails to appear at a meeting or hearing without showing sufficient cause for such failure, the Tribunal may proceed with the arbitration and may make an Award based on the submissions and evidence before it.

19.4 Unless otherwise agreed by the parties, all meetings and hearings shall be in private, and any recordings, transcripts, or documents used in relation to the arbitral proceedings shall remain confidential subject only to Article 27.11.

Article 20 Witnesses

20.1 The Tribunal may require the parties to give notice of the identity of witnesses, including expert witnesses, whom the parties intend to produce at any hearing, the subject matter of their testimony and its relevance to the dispute.

20.2 The Tribunal may allow, refuse or limit the appearance of witnesses to give oral evidence at any hearing.

20.3 Any witness who gives oral evidence at a hearing may be questioned by each of the parties, their representatives and the Tribunal in such manner as the Tribunal may determine.

20.4 The Tribunal may direct the testimony of witnesses to be presented in written form, either as signed statements or sworn affidavits or in any other form.

20.5 Subject to Article 20.2, any party may request that such a witness should attend for oral examination. If the witness fails to attend for oral examination, the Tribunal may place such weight on the written evidence as it thinks fit, having regard to the circumstances of the case and the overriding objective.

Article 21 Tribunal-appointed Experts

21.1 The Tribunal may, after consulting the parties and with regard to the circumstances of the case and the overriding objective, appoint one or more experts to provide an opinion to the Tribunal on any expert issue set out by the Tribunal in writing.

21.2 The Tribunal may require any party to provide any relevant information or make available any relevant documents, goods or property to an expert appointed under Article 21.1.

21.3 The Tribunal will, upon receipt of a report from an expert appointed under Article 21.1, provide a copy to all parties.

21.4 The parties may:

 make written comments in respect of an expert’s report to the Tribunal made under this Article; and

 examine such expert either by way of written questions or at a hearing as ordered by the Tribunal.

Article 22 Sanctions for Default and Waiver

22.1 If a party fails to comply with any provision of, or requirement under, this part of these Rules or any procedural order given by the Tribunal, the Tribunal may draw such inferences as it considers appropriate.

22.2 A party who, during the arbitration, fails to object without delay to any failure to comply with the arbitration agreement, these Rules or any other rules applicable to the proceedings, or any procedural order given by the Tribunal, shall be deemed to have waived the right to object to such failure.

Article 23 Additional Powers of the Tribunal

23.1 Unless otherwise agreed by the parties, in addition to the powers specified in these Rules, and except as prohibited by the mandatory rules of law applicable to the arbitration, the Tribunal shall have the power to:

 order the correction or rectification of any contract, subject to the law governing such contract;

 extend or abbreviate any time limits prescribed under these Rules or by its procedural orders;

 conduct such enquiries as may appear to the Tribunal to be necessary or expedient;

 order the parties to make any property or item in their possession or control available for inspection;

 order the preservation, storage, sale or disposal of any property or item which is or forms part of the subject matter of the dispute;

 order any party to produce to the Tribunal and to the other parties for inspection, and to supply copies of, any document in their possession or control which the Tribunal considers relevant to the case;

 issue an order or Award for the reimbursement of any unpaid deposits towards the costs of the arbitration;

 direct any party or person to give evidence by affidavit or in any other form;

 direct any party to take or refrain from taking actions to ensure that any Award which may be made in the arbitration is not rendered ineffectual by the dissipation of assets by a party or otherwise;

 order any party to provide security for legal or other costs by way of deposit or bank guarantee or in any other manner and upon such terms as the Tribunal thinks fit;

 order any party to provide security for all or part of any amount in dispute in the arbitration by way of deposit or bank guarantee or in any other manner and upon such terms as the Tribunal thinks fit;

 proceed with the arbitration notwithstanding the failure or refusal of any party to comply with these Rules or with the Tribunal’s orders or directions or any partial Award or to attend any meeting or hearing, and to impose such sanctions as the Tribunal deems appropriate in relation to such failure or refusal;

 decide, where appropriate, any issue not expressly or impliedly raised in the submissions of a party provided such issue has been clearly brought to the notice of the other party and that other party has been given adequate opportunity to respond; and

 determine any claim of legal or other privilege.

Article 24 Interim Relief

24.1 The Tribunal may, at the request of a party, issue an order or an Award granting an injunction or any other interim relief it deems appropriate.

24.2 The Tribunal may order the party requesting interim relief to provide appropriate security by way of deposit or bank guarantee or in any other manner and upon such terms as the Tribunal thinks fit in connection with the relief sought.

24.3 A party that wishes to seek emergency interim relief prior to the constitution of the Tribunal may apply for such relief pursuant to the procedures set forth in Article 32.

24.4 A party in whose favour an interim order or Award has been granted may, with the written permission of the Tribunal, request from the AIFC Court of First Instance an order enforcing the Tribunal’s order or Award or any part thereof. Any request for permission or enforcement made under this Article must be simultaneously copied to all other parties.

24.5 Unless the Tribunal at any time directs otherwise, the party making a request to the AIFC Court of First Instance under Article Article 24 shall be entitled to recover in the arbitration any legal costs and AIFC Court of First Instance fees reasonably incurred.