Article 25 Early Determination25.1 A party may apply to the Tribunal for the early determination of an issue of fact or law by an abbreviated procedure without undertaking the procedural steps otherwise adopted for the arbitration. 25.2 An application under Article 25.1 may include an application for the early dismissal by the Tribunal of a claim or defence where: the claim or defence has no real prospect of success; or the claim or defence is manifestly outside the jurisdiction of the Tribunal. specify the grounds relied on and the form of abbreviated procedure proposed; explain why that procedure is compatible with the overriding objective; and be sent to the Tribunal, the Registrar and all other parties. 25.4 After providing all other parties an opportunity to submit comments, the Tribunal may issue an order either dismissing the request or fixing the expedited procedure in the form it deems appropriate. 25.5 In determining whether to grant a request for early determination, the Tribunal shall have regard to all the circumstances of the case and the overriding objective.
Article 26 Close of Proceedings 26.1 The Tribunal shall declare the proceedings closed when it is satisfied that the parties have had a reasonable opportunity to present their cases. In exceptional circumstances, prior to the making of the final award, the Tribunal may reopen the proceedings on its own motion, or on the application of a party.
27.1 Where the Tribunal consists of more than one arbitrator, any Award or other decision shall be made by a majority of the arbitrators or, failing a majority, by the Chairman of the Tribunal. 27.2 The Tribunal shall make its Award in writing, and, unless otherwise agreed by the parties, shall state the reasons upon which the Award is based. 27.3 The Tribunal may make separate Awards on different issues at different times. state the date of the Award; state the seat of the arbitration; and be signed by the arbitrator(s). 27.5 If an arbitrator fails to sign an award, the signatures of the majority of the arbitrators or, failing a majority, of the Chairman of the Tribunal shall be sufficient, provided that the reason for the omission of the signature is stated in the award. 27.6 The Tribunal shall send a copy of the award to each of the parties and to the Registrar. 27.7 If any arbitrator fails to participate in the deliberations of the Tribunal on any issue having been given a reasonable opportunity to do so, such failure will not preclude a decision being taken by the other arbitrators. 27.8 The Tribunal may award simple or compound interest on any sum which is awarded in the arbitration at such rates as the parties may have agreed or, in the absence of such agreement, as the Tribunal determines to be appropriate, in respect of any period which the parties agree or the Tribunal determines to be appropriate. 27.9 In the event of a settlement, and if the parties so request, the Tribunal may make a consent Award recording the settlement. If the parties do not require a consent Award, the parties shall confirm to the Registrar that a settlement has been reached, following which the Tribunal shall be released and the arbitration concluded upon full settlement of the Costs of the Arbitration. 27.10 By agreeing to arbitration under these Rules, the parties agree that any Award shall be final and binding on the parties from the date it is made, and carry out the Award without delay. The parties irrevocably waive their rights to any form of appeal, review or recourse to any State court or other judicial authority with respect to such Award insofar as such waiver may be validly made. 27.11 The AIAC may, with the consent of the Tribunal, publish any Award with the names of the parties and other identifying information redacted. 27.12 Where a party objects to the publication of an Award in accordance with Article 27.11: They may apply to the Tribunal for an order that the relevant Award be sealed stating the reasons why such an order is required; and The Tribunal may seal the Award even if its publication in anonymised form would be inconsistent with the overriding objective. 27.13 A final Award will normally be made not later than six months from the date the case was referred to the Tribunal pursuant to Article 12.1. The Registrar may extend this time limit upon request by the Tribunal.
Article 28 Correction of Awards and Additional Awards 28.1 Within 30 days of receiving an Award, a party may, upon notice to all other parties, request that the Tribunal correct any clerical, typographical or computational errors in the Award, or provide an interpretation of a specific point or part of the Award. 28.2 After giving the other party an opportunity to comment on a request under Article 28.1, and if the Tribunal considers the request justified, it may make any correction or provide any interpretation within 30 days of receiving the request so to do. 28.3 The Tribunal may correct any error of the type referred to in Article 28.1 on its own motion within 30 days of the date of an Award. 28.4 Any correction or interpretation of an Award shall be in writing and shall comply with the requirements of Article 27. 28.5 Within 30 days of receiving an Award, a party may, upon notice to the other party, request that the Tribunal make an additional Award on claims presented in the arbitration but not determined in the Award. 28.6 After giving the other party an opportunity to comment on the request for an additional Award under Article 28.5, and if the Tribunal considers the request justified, it shall make the additional Award within 60 days of receiving the request. 28.7 Any additional Award shall be in writing and shall comply with the requirements of Article 27. 28.8 The Registrar may, if necessary, extend the period of time within which the Tribunal shall make a correction of an Award, interpretation of an Award or an additional Award under this Article.
29.1 The Costs of the Arbitration consist of: the fees of the Tribunal; the Administrative Fee of the AIAC; and the expenses of the Tribunal and the AIAC. 29.2 The parties are jointly and severally liable for the Costs of the Arbitration. 29.3 The Costs of the Arbitration shall be ascertained in accordance with the Schedule of Fees and any relevant Practice Direction in force at the time of commencement of the arbitration. 29.4 The Registrar shall fix the amount of the deposit payable towards the Costs of the Arbitration. Unless the Registrar directs otherwise, 50% of such deposits shall be payable by the Claimant and the remaining 50% of such deposits shall be payable by the Respondent. The Registrar may fix separate deposits on costs for claims and counterclaims, respectively. 29.5 The Registrar may from time to time direct parties to make further deposits towards the Costs of the Arbitration. 29.6 Any party is free to pay the whole of the deposits towards the Costs of the Arbitration should the other party fail to pay its share. 29.7 If a party fails to pay the deposits directed by the Registrar either wholly or in part: the Tribunal may suspend its work and the Registrar may suspend the AIAC’s administration of the arbitration, in whole or in part; and the Registrar may, after consultation with the Tribunal (if constituted) and after informing the parties, set a time limit on the expiry of which the relevant claims or counterclaims shall be considered as withdrawn without prejudice to the party reintroducing the same claims or counterclaims in another proceeding. 29.8 The Costs of the Arbitration shall be finally determined by the Registrar at the conclusion of the proceedings. The Registrar shall have regard to all the circumstances of the case, including the stage of proceedings at which the arbitration concluded. In the event that the Costs of the Arbitration determined are less than the deposits made, there shall be a refund in such proportions as the parties may agree, or failing an agreement, in the same proportions as the deposits were made. Any accrued interest shall be retained by the AIAC. 29.9 Unless otherwise agreed by the parties: the Tribunal shall state in the Award the total amount of the Costs of the Arbitration; and the Tribunal shall determine in the Award the apportionment of the Costs of the Arbitration as between the parties. 29.10 The Tribunal has the power to order in its Award that all or a part of the legal or other costs of a party be paid by another party.
Article 30 Limitation of Liability 30.1 Any arbitrator, including any Emergency Arbitrator appointed in accordance with Article 32, any person appointed by the Tribunal, including any administrative secretary and any expert, the Chairman, Registrar, and any directors, officers and employees of the AIAC, shall not be liable to any person for any negligence, act or omission in connection with any arbitration administered by the AIAC in accordance with this Part of these Rules unless they are shown to have caused damage by intentional and deliberate wrongdoing. 30.2 The AIAC, including the Chairman, Registrar, directors, officers, employees or any arbitrator, including any Emergency Arbitrator, and any person appointed by the Tribunal, including any administrative secretary and any expert, shall not be under any obligation to make any statement in connection with any arbitration administered by the AIAC. 30.3 No party shall be entitled to make the Chairman, Registrar, any director, officer, employee of the AIAC, or any arbitrator, including any Emergency Arbitrator, and any person appointed by the Tribunal, including any administrative secretary and any expert, act as a witness in any legal proceedings in connection with any arbitration administered by the AIAC in accordance with this Part of these Rules.
Article 31 Expedited Procedure 31.1 Prior to the constitution of the Tribunal, a party may file an application with the Registry for the arbitral proceedings to be conducted in accordance with the Expedited Procedure under this Article, if: the amount in dispute does not exceed the aggregate equivalent of USD 5,000,000, including the claim, counterclaim and any defence of set-off; the parties so agree; or in cases of exceptional urgency. 31.2 The party applying for the arbitral proceedings to be conducted in accordance with the Expedited Procedure under this Article shall, at the same time as it files its application with the Registrar, send a copy of the application to the other parties. 31.3 Where a party has filed an application with the Registrar under this Article, and where the Registrar determines, after considering the views of the parties, and having regard to the circumstances of the case and the overriding objective, that the arbitral proceedings shall be conducted in accordance with the Expedited Procedure and thereafter: the case shall be referred to a sole arbitrator, unless the AIAC Chairman determines otherwise; the Tribunal may, in consultation with the parties and having regard to the overriding objective, decide whether the dispute is to be decided on the basis of documentary evidence only, or if a hearing is required for the examination of any witness and expert witness and/or as for any oral argument; the final Award shall be made within 6 months from the date when the Tribunal is constituted unless, in exceptional circumstances, the Registrar extends the time for making such final Award; and the Tribunal may state the reasons upon which the final Award is based in summary form, unless the parties have agreed that no reasons are to be given. 31.4 By agreeing to arbitration under this Part of these Rules, the parties agree that, where arbitral proceedings are conducted in accordance with the Expedited Procedure under this Article, the rules and procedures set forth in Article 31.3 shall apply even in cases where the arbitration agreement contains contrary terms. 31.5 Upon application by a party, and after giving the parties the opportunity to be heard, the Tribunal may, having regard to any further information as may subsequently become available and to the overriding objective, and in consultation with the Registrar, order that the arbitral proceedings shall no longer be conducted in accordance with the Expedited Procedure. 31.6 Where the Tribunal decides to grant an application under Article 31.5, the arbitration shall continue to be conducted by the same Tribunal that was constituted to conduct the arbitration in accordance with the Expedited Procedure.
Article 32 Emergency Arbitrators 32.1 A party that wishes to seek emergency interim relief may, concurrent with or following the filing of a Request for Arbitration but prior to the constitution of the Tribunal, file an application for emergency interim relief with the Registrar. 32.2 The party shall, at the same time as it files the application for emergency interim relief, send a copy of the application to all other parties. 32.3 The application for emergency interim relief shall state: the nature of the relief sought; the reasons why the party claims to be entitled to such relief; and a statement certifying that all other parties have been provided with a copy of the application or, if not, an explanation of the steps taken in good faith to provide a copy or notification to all other parties. 32.4 Any application for emergency interim relief shall be accompanied by payment of any administration fee prescribed by Practice Direction and the requisite deposits under these Rules towards the Emergency Arbitrator’s fees and expenses for proceedings pursuant to this Article. In appropriate cases, the Registrar may increase the amount of the deposits requested from the party making the application. If the additional deposits are not paid within the time limit set by the Registrar, the application shall be considered as withdrawn. 32.5 The Registrar shall, if he determines that the AIAC should accept the application for emergency interim relief, ask the AIAC Chairman to appoint an Emergency Arbitrator within one day of receipt by the Registrar of such application and payment of the administration fee and deposits and the AIAC Chairman will do so. 32.6 If the parties have agreed on the seat of the arbitration, such seat shall be the seat of the proceedings for emergency interim relief. 32.7 If the parties have not agreed on the seat of the arbitration, the seat of the proceedings for emergency interim relief shall be the AIFC, without prejudice to the Tribunal’s determination of the seat of the arbitration under Article 15. 32.8 Prior to accepting appointment, a prospective Emergency Arbitrator shall disclose to the Registrar and to the parties any circumstances that may give rise to justifiable doubts as to his impartiality or independence. Any challenge to the appointment of the Emergency Arbitrator must be made within two days of the communication by the Registrar to the parties of the appointment of the Emergency Arbitrator and the circumstances disclosed. 32.9 An Emergency Arbitrator may not act as an arbitrator in any future arbitration relating to the dispute, unless otherwise agreed by the parties. 32.10 The Emergency Arbitrator shall, as soon as possible but, in any event, within two days of his appointment, establish a schedule for consideration of the application for emergency interim relief. Such schedule shall provide a reasonable opportunity for the parties to be heard, but may provide for proceedings by telephone or video conference or on written submissions as alternatives to a hearing in person. 32.11 The Emergency Arbitrator shall have the powers vested in the Tribunal under these Rules, including the authority to rule on his own jurisdiction. 32.12 The Emergency Arbitrator shall have the power to order or award any interim relief that he deems necessary, including preliminary orders that may be made pending any hearing, telephone or video conference or written submissions by the parties. 32.13 The Emergency Arbitrator shall make his interim order or Award within 14 days from the date of his appointment unless, in exceptional circumstances, the Registrar extends the time. 32.14 The Emergency Arbitrator shall give summary reasons for his decision in writing. 32.15 The Emergency Arbitrator may modify or vacate the preliminary order, the interim order or Award for good cause after hearing the parties thereon. 32.16 The Emergency Arbitrator shall have no power to act after the Tribunal is constituted. After hearing the parties thereon, the Tribunal may reconsider, modify or vacate any interim order or Award issued by the Emergency Arbitrator, including a ruling on his own jurisdiction. The Tribunal is not bound by the reasons given by the Emergency Arbitrator. 32.17 Any interim order or Award issued by the Emergency Arbitrator shall, in any event, cease to be binding if the Tribunal is not constituted within 90 days of such order or Award or when the Tribunal makes a final Award or if the claim is withdrawn. 32.18 Any interim order or Award by the Emergency Arbitrator may be conditional on the provision by the party seeking such relief of appropriate security. 32.19 The parties agree that an order or Award by an Emergency Arbitrator pursuant to this Article shall be binding on the parties from the date it is made, and undertake to carry out the interim order or Award without delay. Subject to Article 32.16 above, the parties also irrevocably waive their rights to any form of appeal, review or recourse to any court or other judicial authority with respect to such Award insofar as such waiver may be validly made. 32.20 The costs associated with any application pursuant to this Article may initially be determined and apportioned by the Emergency Arbitrator, subject to the power of the Tribunal to determine finally the apportionment of such costs. 32.21 The Registrar may abbreviate any time limits under this Article.
Article 33 Overriding Objective and Application 33.1 This Part of these Rules provides for the appointment of a neutral third party (‘a mediator’) to assist parties in settling a dispute through a structured negotiation process (‘a mediation’). 33.2 The overriding objective of this Part of these Rules is to facilitate the prompt, consensual and cost-effective settlement of disputes.
Article 34 Prior Agreements to Mediate 34.1 Where, before a dispute has arisen, parties have agreed to mediate under this Part of these Rules (a ‘Prior Agreement’) or otherwise, a party may request a mediation under this Article. 34.2 The party or parties that wish to commence a mediation must file a Request for Mediation with the Registry. 34.3 A Request for Mediation must be filed with the Registrar in electronic format or in electronic and paper format in accordance with any relevant Practice Direction. 34.4 A Request for Mediation should contain: the names, addresses, telephone and fax numbers (if applicable) and email addresses of all the parties and of their legal representatives (if known); a short summary of the dispute and the estimated value of any monetary claim; a copy or citation of the Prior Agreement; and the name and contact details of any proposed mediator. 34.5 If the Request for Mediation is not made by all parties to the Prior Agreement, the requesting party must send a copy of the Request for Mediation to the other party or parties. 34.6 At the same time as filing a Request for Mediation the registration fee prescribed by Practice Direction must be paid. If the registration fee is not paid at the time the Claimant files its Request for Mediation, 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 Mediation. 34.7 The earliest date on which the Request for Mediation is received by the Registry and the registration fee is paid shall be the date on which the mediation commences (‘the Commencement Date’). 34.8 The Registrar will appoint a mediator in accordance with Article 36 as soon as practicable after the Commencement Date.
Article 35 No Prior Agreement to Mediate 35.1 Where there is no Prior Agreement, a party may request a mediation under this Article. 35.2 The party or parties that wish to commence a mediation must file a Request for Mediation with the Registry. 35.3 A Request for Mediation must be filed with the Registrar in electronic format in accordance with any relevant Practice Direction. 35.4 A Request for Mediation should contain: the names, addresses, telephone and fax numbers (if applicable) and email addresses of all the parties and of their legal representatives (if known); a short summary of the dispute and the estimated value of any monetary claim; and the name and contact details of any proposed mediator. 35.5 At the same time as filing a Request for Mediation the registration fee prescribed by Practice Direction must be paid. A Request for Mediation in respect of which no registration fee is paid will be disregarded by the Registry. 35.6 If the Request for Mediation under this Article is not made by all the parties to the dispute: the party or parties wishing to commence the mediation must, at the same time as filing the Request for Mediation with the Registry, send a copy of the Request for Mediation and any accompanying documents to any parties who have not made the Request for Mediation; and a party who receives a copy of the Request for Mediation may, within 14 days of receiving the Request for Mediation, advise the Registrar that they consent to the mediation of the dispute in accordance with this Part of these Rules. 35.7 If a party does not consent to mediation in accordance with Article 35.6(2) or does not respond, there shall be no mediation under this Part of these Rules and the Registrar will advise the parties accordingly. 35.8 Where there is no Prior Agreement, the date on which the mediation commences (the ‘Commencement Date’) shall be: Where all the parties to the dispute made the Request for Mediation, the earliest date on which the Request for Mediation is received by the Registry and the registration fee is paid; or The earliest date on which all parties to the dispute have provided consent under Article 35.6(2) and the registration fee is paid. 35.9 The Registrar will appoint a mediator in accordance with Article 36 as soon as practicable after the Commencement Date.
Article 36 Appointment of a Mediator 36.1 The parties may jointly nominate a mediator for appointment by the Registrar. 36.2 In the absence of a joint nomination: the Registrar shall, after consulting the parties and with due regard to any nomination by a party or other method or criteria of selection agreed by the parties, propose a list of mediators to the parties; the parties may jointly nominate a mediator from such list for appointment by the Registrar; or failing which, the Registrar shall appoint a mediator from the AIAC Mediator Panel. 36.3 Before appointment, the prospective mediator shall provide to the Registrar: a curriculum vitae; and a signed declaration that the prospective mediator either: (a) knows of no circumstances capable of giving rise to any justifiable doubt as to the mediator’s impartiality or independence; or (b) knows of circumstances capable of giving rise to justifiable doubt as to the mediator’s impartiality or independence and that the mediator has disclosed such circumstances as part of his declaration. 36.4 The documents referred to in Article 36.3 shall be provided by the Registry to the parties. 36.5 Where a mediator has made a disclosure under Article 36.3(2)(b), or where a party otherwise knows of circumstances capable of giving rise to justifiable doubt as to the mediator’s impartiality or independence, a party may object to the confirmation of a mediator’s appointment within 7 days of receipt of the disclosure. 36.6 Where a party makes an objection under Article 36.5, the Registrar will appoint a different mediator in accordance with Articles 36.1 and 36.2. 36.7 Where no objection is received to the confirmation of the appointment of a mediator under Article 36.5, the Registrar will confirm the appointment of the mediator and inform the parties of such confirmation. 36.8 At the same time as providing the confirmation referred to in Article 36.7, the Registrar will inform the parties of how they should communicate with the mediator. The Registrar may ask the parties to communicate directly with the mediator by electronic or other means or to communicate with the mediator through the Registry by electronic means. 36.9 The mediator or the Registrar will liaise with the parties following the confirmation of the mediator’s appointment to arrange a date and venue for the first mediation session to take place.
Article 37 Position Statements 37.1 Unless the parties agree otherwise, each party should, not later than 7 days before the date of the first scheduled mediation session, provide to the mediator by the method provided under Article 36.8 a document (‘a Position Statement’) setting out: a summary of the background to the dispute; a brief statement of the party’s case; and a list of issues to be resolved. 37.2 Each party must, at the same time, provide a copy of its Position Statement to every other party.
38.1 Unless the parties agree otherwise, the parties should discuss, not later than 14 days before the mediation, the contents of a bundle of documents to be referred to at the mediation (‘the Mediation Bundle’). 38.2 The contents of the Mediation Bundle should be limited to those documents (or extracts from longer documents) that are necessary for the mediator to understand the case or may otherwise need to be referred to at the mediation to facilitate the resolution of the dispute. The Mediation Bundle should not exceed 300 pages of text. 38.3 If the parties cannot agree the contents of the Mediation Bundle, those documents that are not agreed should be indicated as such in the contents to the Mediation Bundle. 38.4 The Mediation Bundle must be provided to the mediator by the method provided under Article 36.8 not less than 7 days before the date of the first scheduled mediation session. 38.5 The Mediation Bundle may be provided in electronic or paper format.
Article 39 Conduct of the Mediation 39.1 The mediator may conduct the mediation in such manner as he sees fit, taking into consideration the wishes of the parties and the overriding objective. 39.2 The mediator may convene one or more mediation sessions to take place, in consultation with the parties. The mediator may liaise directly with the parties or through the Registry in order to arrange the time and venue of such sessions. 39.3 The mediator may convene a mediation session through the use of video- conferencing technology. 39.4 When a mediation session is convened, the parties must notify the mediator and all other parties of the identity of the person(s) who shall attend the mediation session on each party’s behalf. 39.5 At the same time, each party must confirm to the mediator in writing either that: one of the persons attending the mediation session on its behalf has authority to settle the dispute; or a person with authority to settle the dispute will be available to be contacted by the person attending the mediation session on the party’s behalf at all times during which the mediation session will take place, and the identity, position and contact details of such person with authority. 39.6 The mediator may direct the parties to exchange one or more written statements before convening a mediation session, and may therefore set a date to be deemed the first scheduled mediation session for the purposes of the provision of Position Statements and Mediation Bundles under Article 37 and Article 38. 39.7 Any private communication between any party (or group of parties) and the mediator during the course of the mediation shall be confidential and may not be communicated to any other party to the mediation or any third party without the express consent of the party (or group of parties) to the private communication. 39.8 The parties may agree the language in which any mediation session is conducted. If the parties cannot agree, the mediator shall determine the language in which the mediation session shall be conducted.
Article 40 Conclusion of the Mediation 40.1 A mediation shall be deemed to have ended when: a settlement has been signed pursuant to Article 41; or the parties agree to terminate the mediation; or the mediator terminates the mediation; or any time limit for a mediation under a Prior Agreement or subsequently agreed by the parties expires. 40.2 A mediator may terminate a mediation under Article 40.1(3) when it appears to the mediator that, in his or her judgment, the mediation is unlikely to resolve the dispute.
41.1 If the parties agree a settlement of the dispute, the parties may record such settlement in such form as they agree. 41.2 A settlement may, but is not required, to be recorded in: a signed settlement agreement; or where an arbitration has commenced, by consent award.
42.1 In this Article, the ‘Costs’ of a mediation comprises: the mediator’s fee and any expenses of the mediator; and the administrative charges of the Registry as set out by Practice Direction. 42.2 As soon as practicable after commencement of the mediation, the Registry will request the parties to provide a deposit to be held on account of the Costs (the ‘Deposit’). 42.3 The Deposit shall be paid by the parties in equal shares or in such other proportions as they have agreed in writing. 42.4 In the event that a party fails to pay its share of the Deposit, another party may make a substitute payment to allow the mediation to proceed without prejudice to any right that party may have to recover such sum from the other party. 42.5 A mediator shall not be appointed and the mediation shall not proceed unless and until the Deposit has been paid in full. If the mediation does not proceed and any administrative charges have accrued, absent written agreement otherwise the parties are jointly and severally liable for such administrative charges. 42.6 At the conclusion of the mediation, the Registrar shall determine the Costs. 42.7 If the Deposit exceeds the Costs, the excess will be reimbursed to the parties in the proportions in which they have contributed to the Costs, or in such other proportions as the parties have agreed in writing. 42.8 If the Costs exceed the Deposit, the parties are liable to pay such shortfall in the proportions as the parties may have agreed in writing, or, absent such agreement, jointly and severally. 42.9 Any other costs incurred by the parties, whether in regard to legal fees, experts’ fees, or expenses of any other nature will not be part of the Costs for the purposes of this Article.
Article 43 Court or Arbitral Proceedings 43.1 Unless they have agreed otherwise, the parties may initiate or continue any arbitration or court proceedings in respect of the dispute which is the subject of the mediation.
Article 44 Confidentiality and Privacy 44.1 All mediation sessions shall be private, and shall be attended only by the mediator, the parties and those individuals identified pursuant to Article 39.4. 44.2 The mediation process and all negotiations, and statements and documents prepared for the purposes of the mediation, shall be confidential and covered by ‘without prejudice’ or ‘offer to settle’ privilege. 44.3 Unless agreed among the parties, or required by law, neither the mediator nor the parties may disclose to any person any information regarding the mediation or any settlement terms, or the outcome of the mediation. 44.4 There shall be no formal record or transcript of the mediation.
Article 45 Limitation of Liability 45.1 Any mediator, the Chairman, Registrar, and any directors, officers and employees of the AIAC, shall not be liable to any person for any negligence, act or omission in connection with any mediation administered by the AIAC in accordance with this Part of these Rules unless they are shown to have caused damage by intentional and deliberate wrongdoing. 45.2 The AIAC, including the Chairman, Registrar, directors, officers, and employees, or any mediator, shall not be under any obligation to make any statement in connection with any mediation administered by the AIAC in accordance with this Part of these Rules. 45.3 No party shall be entitled to make the Chairman, Registrar, any director, officer, employee of the AIAC, or any mediator, act as a witness in any legal proceedings in connection with any mediation administered by the AIAC in accordance with this Part of these Rules.
Approved by the Chairman of the International Arbitration Centre in accordance with Article 54 of the AIFC Arbitration Regulations 2017:
Ms. Barbara Dohmann QC, Chairman, International Arbitration Centre
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Содержание PART I – SCOPE OF APPLICATION AND INTERPRETATIONArticle 1 Scope of Application and InterpretationPART II – ARBITRATIONArticle 2 Overriding Objective and ApplicationArticle 3 Time and NoticesArticle 4 Request for ArbitrationArticle 5 AnswerArticle 6 Multiple Parties and ContractsArticle 7 Jurisdiction of the TribunalArticle 8 Number and Appointment of ArbitratorsArticle 9 Qualifications of ArbitratorsArticle 10 Challenges to ArbitratorsArticle 11 Release and Replacement of ArbitratorsArticle 12 Conduct of Arbitral ProceedingsArticle 13 Statements of CaseArticle 14 EvidenceArticle 15 SeatArticle 16 LanguageArticle 17 RepresentativesArticle 18 Applicable LawArticle 19 HearingsArticle 20 WitnessesArticle 21 Tribunal-appointed ExpertsArticle 22 Sanctions for Default and WaiverArticle 23 Additional Powers of the TribunalArticle 24 Interim ReliefArticle 25 Early DeterminationArticle 26 Close of ProceedingsArticle 27 AwardsArticle 28 Correction of Awards and Additional AwardsArticle 29 CostsArticle 30 Limitation of LiabilityArticle 31 Expedited ProcedureArticle 32 Emergency ArbitratorsPART III – MEDIATIONArticle 33 Overriding Objective and ApplicationArticle 34 Prior Agreements to MediateArticle 35 No Prior Agreement to MediateArticle 36 Appointment of a MediatorArticle 37 Position StatementsArticle 38 Mediation BundlesArticle 39 Conduct of the MediationArticle 40 Conclusion of the MediationArticle 41 SettlementArticle 42 CostsArticle 43 Court or Arbitral ProceedingsArticle 44 Confidentiality and PrivacyArticle 45 Limitation of Liability |