Guiding AD-HOC Rules

1. Definitions

1.1. The Arbitration World Index is providing these “AWI AD-Hoc Rules” as complimentary Rules applied upon Parties’ consent.
1.2. The schedule of fees (The calculator of fees) is a guidance amounts not including any administrative costs, they are to be paid to the Arbitrators upon direct agreement between the Parties and Arbitrators.
1.3. This version of Ad-Hoc guiding Rules reference number is /2024-V1/
1.4. The Parties who refer in their Arbitration agreement to AWI-Ad-Hoc Rules are implicitly referring to the last version that is published at the website at the date of using them.
1.5. The term “RFA” refers to a request for arbitration that is formally presented By the Claimant(s).
1.6. The term “the answer” refers to the response provided by the respondent(s) in relation to the “Request for Application” (RFA).
1.7. The terms “arbitral tribunal” or “tribunal” refers to one or more arbitrators.
1.8. The term “claimant” includes one or more claimants.
1.9. The term “party” or “parties” include claimants, respondents, and additional parties whom their names are presented in the arbitration agreement or accepted to be parties to the arbitration according to seat law.
1.10. “Additional party” includes one or more additional parties that may enter the proceedings at their own request or parties’ request after the “RFA” and the “answer” according to seat law.
1.11. “claim” or “claims” refer to any claim made by any party against another party.
1.12. “Counter claim” refers to the claim raised by respondent(s).
1.13. “Commencement date of the arbitration proceedings”: is considered the date of the day after transferring the file to the tribunal.
1.14. The term “award” or “awards” refers to tribunal award(s) that are issued by the tribunal in accordance with these rules which may take various forms including preliminary, partial, final, and supplementary award.

2. General

2.1. All communications with AWI are to be in English language.
2.2. Referring to application of “AWI AD-Hoc Rules” as appointing authority indicated that the Parties are accepting the appointment decision that is issued by the AWI.
2.3. Waiver of right to object:
a) Unless the parties agree otherwise, those who submit their disputes for resolution under these rules are required to comply fully with them, and they forfeit any right to contest the provisions of these rules.
b) Any party’s failure to object to any default in the proceedings, including but not limited to any tribunal order, actions by the AWI, or acts by other parties, will be deemed a waiver of its objection if not raised within 10 calendar days from the day following its awareness of the incident.
c) Parties that remain engaged in the proceedings will not be deemed to have waived their rights to object, provided that the objection is submitted within the specified time frame. In such instances, the parties retain the right to present this matter to State Court. However, the proceedings will continue without interruption and will be governed by the tribunal’s decision. Should the State Court issue a final order for suspension or any other directive, the tribunal and the parties must comply with that order.
d) Any party’s failure to adhere to the specified time table in these rules for any action will be regarded as a waiver of the right to that action, and submissions made thereafter will not be accepted unless a request is presented to the Tribunal and approved by it.
2.4. Confidentiality:
a) Unless otherwise agreed upon by the parties, the arbitration proceedings conducted under these rules shall remain confidential. All participants are required to maintain the confidentiality of any information disclosed during the proceedings, which include, but is not limited to, pleadings, submissions, tribunal orders, all communications, notices, and any materials generated for the proceedings, except as mandated by law.
b) The discussions among tribunal members are confidential and restricted to their internal group, with disclosure permitted only to disclose the fact of any member refusal to participate in the deliberations without a valid justification in order to replace him/her.
2.5. Disclosure of Third-Party Funding and Interests
The parties must promptly disclose to each other and the tribunal the identity of the funder and the date of the third-party funding agreement upon its signature. If the funding agreement predates the “RFA,” this disclosure should occur within the “RFA” and/or in the initial response of the respondent(s) to the “RFA.”
2.6. Using of electronic and internet means in the proceedings
In the absence of an alternative agreement between the parties, the tribunal retains exclusive authority to utilize electronic and internet methods for communications, meetings, hearings, deliberations, and the signing of communications, orders, and awards.
2.7. The Rules in effect
a) AWI reserves the authority to modify the rules and adjust the fee schedule periodically.
b) In cases where the parties have consented to resolve their disputes through arbitration under the AWI rules, the arbitration will proceed according to the rules that are applicable at the time the request for arbitration (RFA) is filed, regardless of any subsequent amendments or changes to those rules during the course of the proceedings.
2.8. Spirit of the Rules
In the matters related to these rules that are not expressly addressed, the tribunal operate in the spirit of the rules and in compliance of law of seat.
2.9. Exclusion of liability
All AWI owners, staff, and associated members shall not be held accountable to any individual and/or company for any actions taken or omitted in relation to the arbitration cases governed by these rules.
2.10. Period in Calendar Day(s)
The durations specified in these AWI Rules are determined using calendar days as the basis for calculation.
2.11. Singular and plural
In these Rules, the singular form is intended to encompass the plural form and vice versa.

3. Time Limits and calculation of periods of time

3.1. If the submission date or the performance of an action by either party coincides with an official holiday in the country of arbitration (Country of seat), the time limit will be automatically extended to the next non-holiday, except in urgency where the Tribunal decision is binding.
3.2. The arbitral tribunal has the authority to extend the deadline for the final award by an additional six months at its discretion. Extending the deadline beyond that shall be through Parties’ consent or State Court decision.
3.3. In these Rules, the calculation of dates and periods for time limits is conducted as follows: the counting begins on the day after the starting date, with the final day included. If the last day falls on a holiday, the next working day will be regarded as the final day.

4. Communications

4.1. Unless the tribunal decides otherwise, all written communications, statements, and documents that are required or allowed under these Rules must be sent electronically to each party, each arbitrator, via email or other recognized electronic methods such as USB flash drives.
4.2. Hard copies must be submitted upon request by the tribunal.
4.3. Any alteration or change to its address following the “RFA” must be communicated to the other parties, and the arbitral tribunal by the party involved.
4.4. Notifications or communications will be considered effective on the day they are received by the intended party or their representative, or on the day they would have been received if sent to the last known address or through electronic means.

5. Representatives

5.1. Following the constitution of the arbitral tribunal if the party(s) is intending to change its representative and/or counsel shall promptly inform the Tribunal to obtain approval.
5.2. The changing of counsel and representatives shall be subject to the approval of the arbitral tribunal in order to mitigate any potential prejudice and conflicts that may result from such changes.

6. Requesting AWI to appoint arbitrators

6.1. If the arbitration agreement specifies AWI as appointing authority, then either party may file a request to AWI for appointing arbitrators.
6.2. AWI shall act as an appointing authority when requested to appoint arbitrators in arbitration cases even not governed by these rules provided that appointing fees that are non-refundable are paid.
6.3. The Centre will appoint the arbitrators in accordance with the rules following the receipt of the appointment fees and will also address and resolve any challenges made to revoke the arbitrators’ appointments.
6.4. A party must raise any challenge to the appointment of arbitrators within seven days of becoming aware of the appointment, otherwise the appointment is considered correct.
6.5. The Proceedings will continue without suspension, and AWI will undertake the necessary procedures to examine the challenge and issue a final decision in accordance with the established rules, which will not be open to appeal. Administrative Costs may be incurred.

7. Confidentiality

7.1. The arbitration process is confidential, encompassing all documents, evidence, submissions, expert reports, orders, awards, and materials generated for the arbitration, unless disclosure is mandated by relevant law. Nonetheless, the parties may mutually consent in writing to specific disclosures that do not contravene legal requirements.

8. Initiating the arbitration proceedings

8.1. A party intending to commence arbitration proceedings under these rules, referred to as the “Claimant(s)” must submit its request for arbitration (the “RFA”) to the opposing party(s), known as the “Respondent(s)”
8.2. The start date of the arbitration proceedings is deemed to be the day following the “RFA” date.

9. Contents of request for arbitration:

9.1. The “RFA” shall include inter-alia the following information:
a) the names of parties to the dispute, their attributes and their nationalities, together with their contact numbers, and email addresses, should be clearly identified.
b) the representatives of the parties, along with their legal counsels (if any), together with their physical addresses, contact numbers, and email addresses.
c) copy of the arbitration agreement or arbitration clause contained within the relevant contract must be provided.
d) In instances where multiple arbitration agreements are invoked for claims, it is necessary to specify the arbitration agreement associated with each individual claim.
e) relief sought, including the amount sought or an initial assessment of the monetary value of all claimed sums.
f) the number of arbitrators that are agreed upon by parties in the arbitration agreement and their qualifications (if any), and the nomination of the party arbitrator together with his/her contact details. If no arbitrator name is nominated then a request to AWI may be filed for using its appointing authority to make the appointment. The AWI will make the appointment subject to receiving the non-refundable payment of appointment fees for each appointment separately.
g) the “RFA” also shall include any relevant particular and/or any observation or proposal as to the seat of the arbitration, the applicable law and the language to be used in the arbitration proceedings.
9.2. Unless otherwise agreed by parties, hf hard copies are submitted then USB (flash memory) is to be submitted also in a sufficient number of copies for each other party, and each arbitrator and the Centre.
9.3. If more than one language is used in the contract between the parties, and in the absence of parties’ agreement on the language of arbitration proceedings, then the language of communication between the parties for the reason of request for arbitration is English language. The parties are having the right to request the change of the proceedings language and the tribunal will finally decide the language(s) of proceedings after deliberation with the parties.
9.4. In cases where multiple languages are utilized in the contract between the parties, and there is no mutual agreement regarding the language for arbitration proceedings. The communication language between the parties shall be the designated language for communication related to the arbitration request. The parties retain the right to propose a change in the language of the proceedings, and the tribunal will ultimately determine the language or languages to be used after consulting with the parties involved taking into consideration the communications between parties during their involvement.
9.5. Failing of the one party to participate or make payments of arbitration costs does not mean that this party is waiving his/her/its right in the arbitration agreement that is existed between the parties.

10. Contents of answer to the request for arbitration, and counterclaim

10.1. The Respondent shall deliver to the Claimant(s), to any other parties, an answer (“the answer”) within 30 days of receipt the “RFA” accompanied with the counter claim (if any), failure of the respondent in serving the answer does not preclude the arbitral tribunal from continuing the procedural steps as per rules and law.
10.2. The Respondent is required to provide the Claimant(s), any other involved parties, with a response (“the answer”) within 30 days of receiving the “RFA” along with any counterclaim. The Respondent’s failure to submit the answer does not prevent the arbitral tribunal from proceeding with the necessary procedural steps as per rules and laws.
10.3. The answer and the counterclaim contents:
a) The names of parties to the dispute, their attributes, and their nationalities, together with their contact Nos., and emails.
b) The Parties’ representatives, and their legal counsels (if any), together with their addresses particularly email addresses.
c) The arbitration agreement or clause referenced in the contract must be identified. If the response and counterclaims are based on multiple arbitration agreements, the response should specify which arbitration agreement is being invoked.
d) a relief sought, including the amount counter-claimed (if any) or a primary estimate of the monetary value of any and all counter claimed amount(s).
e) a request for relief, which encompasses the amount being counter-claimed, if applicable, or an initial assessment of the total monetary value of all counter-claimed amounts.
the number of arbitrators that are agreed upon by parties and their qualifications (if any), including the nomination of the party arbitrator along with his/her contact details. In the absence of a nominated arbitrator, the other party(s) reserves the right to request AWI to make the appointment.
f) any relevant particular and/or any observation or proposal as to the place (seat) of the arbitration, the applicable law and the language to be used in the arbitration
g) If hard copies are submitted then USB (flash memory) is to be submitted also in a sufficient number of copies for each other party, and each arbitrator.
h) This submission of counter claim at this stage did not preclude the respondent from submitting the final version of the counter claim before the Arbitral tribunal accompanied to its statement of defence.

11. Claimant reply to counter-claim

11.1. The claimant is required to respond to the counterclaim before the arbitral tribunal upon receipt of the final version of the counterclaim, which must be finally accompanied by the respondent’s statement of defense.
11.2. Any default by any party in making any submission will not preclude d the tribunal from continuing the proceedings.

12. The arbitration agreement

12.1. 1. The arbitration clause within the parties’ contract is regarded as their arbitration agreement, and it is deemed independent from the contract itself, remaining valid even if the contract is terminated.
12.2. The arbitration clause, which is communicated and validated through electronic official emails by authorized individuals, shall be regarded as the arbitration agreement between the Parties. This clause is deemed independent from the contract and shall remain in effect even if the contract is terminated.
12.3. In the contracts established between the parties, reference is made to international standard forms of contracts that consistently incorporate an arbitration clause. This arbitration clause, effective as of the contract’s date, is recognized as the arbitration agreement between the parties. Furthermore, it is deemed independent from the contract itself and remains valid even if the contract is terminated.
12.4. Failing of any party to submit its reply to the request for arbitration in the specified
12.5. The failure of any party to respond to the request for arbitration within the designated timeframe set by the Centre, or any refusal to answer a request from the Centre, shall not prevent the tribunal from proceeding with the arbitration in accordance with the established rules, regardless of the party’s refusal or failure to participate at any stage of the process.
12.6. Should any party present arguments regarding the existence, validity, or extent of the arbitration agreement, before appointing the tribunal, the party may file a case in the state courts in this regard. If the request is raised after tribunal appointment, then the tribunal will decide this issue.
If any party raises concerns that the claims are handled under other proceedings or they are not all falling under the scope of the arbitration agreement and could not be determined in one arbitration proceeding then the Centre shall decide this issue in prima- facie basis and the final decision will be issued by the tribunal as a primary issue to be decided as soon as possible after commencement.
12.7. Should any party express concerns regarding the handling of claims in other proceedings or assert that not all claims fall within the arbitration agreement’s scope and cannot be resolved in a single arbitration proceeding, the tribunal will make a preliminary determination on the matter.
12.8. Subject to seat law, the inability of any party to engage in the arbitration proceedings shall not prevent that party from later submitting a new request to participate or a new “RFA.”
12.9. In situations involving multiple parties in an arbitration case or the presence of several arbitration agreements, the state court will make a preliminary determination, and the tribunal will subsequently render a final decision on the matter.

13. Multiple Parties, Multiple Contracts, And Consolidation

13.1. a party wishing to join an additional party to the arbitration shall submit to the tribunal its request for joinder against the additional party (the “Request for Joinder”), or include it in its request for arbitration.
13.2. a party seeking to add another party to the arbitration must submit a Request for Joinder to the tribunal no later than the date of deciding the proceedings time table.
13.3. Refusal of the rejoinder by the tribunal and not preclude any party from submitting a new separate arbitration case to include all parties with the rejoinder party at the stage of “RFA” and “the answer”.
13.4. the tribunal rejection of the rejoinder does not prevent any party from initiating a new, distinct arbitration case that include all parties since the beginning, including the rejoinder party, at the stages of “RFA” and “the answer.”
13.5. In cases of arbitration involving multiple parties, any party may file claims against any other party, provided that such claims are submitted within the deadlines established by the Rules and agreed by the tribunal. In accordance with the rules, the tribunal will communicate with the parties to determine the appropriate timing and method for the submission of final claims and counterclaims, disclosure, …etc… while adhering to the stipulated Rules.
13.6. In accordance with the Rules, regardless of whether there exists a single arbitration agreement or multiple agreements with identical terms across various contracts between the parties, all claims related to these contracts may be consolidated into a single arbitration proceeding, provided that the parties mutually consent to utilize the same language of arbitration, the same seat, and the same applicable laws.
13.7. Upon the request of any party the tribunal may consolidate two or more arbitrations proceedings into a single arbitration proceeding subject to the rules and taking into consideration the following factors:
a) the potential for consolidation pertains to the arbitration agreement, the language used in arbitration, the designated seat, the applicable law, and the various stages of each case.
b) the tribunal will issue a decision regarding the consolidation, while the tribunal will ultimately determine whether to deny the consolidation, providing a reasoned order that specifies any associated costs and the party responsible for those costs.
c) should any party object to the consolidation, the tribunal will examine the objection and render a decision following discussions with the parties, considering the pertinent circumstances of the cases proposed for consolidation.
d) the tribunal shall implement the Parties’ agreement regarding the consolidation matter.

14. Appointment of the Arbitral Tribunal

14.1. The arbitral tribunal may be constituted of either one, or three arbitrators.
14.2. in the event that the parties have not specified the number of arbitrators in their arbitration agreement, either party is having the right to contact AWI to appoint sole arbitrator.
14.3. Upon a request of either party, AWI shall appoint an arbitrator on behalf of any party whom he/she/it failed to nominate it’s arbitrator within the time stipulated by the Centre.
14.4. Prior to the nomination of arbitrators, parties and their representatives are permitted to engage in ex-part communication solely regarding the general nature of the case, the qualifications and availability of candidates, the appointment process, and any potential conflicts.
14.5. Prior to their appointment, each arbitrator is required to sign a form affirming their acceptance, availability, independence, and impartiality, and they must maintain their impartiality and independence throughout the entire proceedings. This form is to be circulated between the parties.

14.6. The arbitrator is required to promptly inform all the parties of any circumstances that may raise concerns regarding his impartiality and independence. Following this disclosure, The Parties will take the necessary measures in compliance with Law and Rules.
14.7. Upon receiving the request from either party to appoint sole arbitrator AWI shall appoint the sole arbitrator after allowing the parties a period of 7 calendar days to jointly nominate an arbitrator.
14.8. If an additional party joins the proceedings prior to the appointment of arbitrators, that party may collaborate with either the claimant(s) or the respondent(s) to nominate an arbitrator. If the nomination is not made, AWI shall appoint the arbitrator upon request of wither party.
14.9. In cases where the arbitration agreement specifies that the tribunal comprises three arbitrators, the subsequent appointment procedures must be adhered to.
14.10. The claimant, or the claimants collectively, must designate one arbitrator in the “RFA.” If they fail to make this nomination, either party shall request AWI to make the appointment. Respondent or the Respondents collectively shall follow same procedure.
a) If the “RFA” does not contain a nomination or if the claimants do not jointly nominate an arbitrator within 21 days of the “RFA”, AWI upon request from either party shall appoint a co-arbitrator on behalf of the claimants after receiving the respondent’s answer to the “RFA” or if the respondent(s) fail to submit their answer within the specified time frame.
b) If the respondent, or the respondents collectively, do not nominate an arbitrator in “the answer,” or fail to jointly nominate a single arbitrator, or do not submit “the answer” to the “RFA” within the specified timeframe, AWI will appoint a co-arbitrator on behalf of the respondent(s) upon request of either party.
c) The appointed co-arbitrators shall appoint the presiding arbitrator within 15 days of appointing the last co-arbitrator.
d) In the event that the co-arbitrators do not succeed in appointing the presiding arbitrator, EWI is authorized to appoint the presiding arbitrator upon request by either party.
e) If any party fails to object to or revoke the appointment of a tribunal member designated by AWI within seven days of the notification of the appointment decision, it will be considered that the party has waived its rights to raise such an objection or revocation. Consequently, no requests for objection or revocation will be accepted after the expiration of this seven-days period.
14.11. Additional parties joining the proceedings after the tribunal’s appointment cannot contest the appointment process that occurred prior to their involvement; however, they possess the same rights as existing parties to raise objections regarding new circumstances that arise following their participation.

15. Requesting AWI to appoint arbitrators

15.1. If the arbitration agreement designates AWI solely as the appointing Authority, either party may submit a request for the appointment of arbitrators, along with the required advance payment in accordance with AWI’s fee schedule.
15.2. In this instance, the Centre will designate the arbitrators in accordance with the Rules and will also address and resolve any challenges or revocations presented by the parties regarding the appointment of the arbitrators.
15.3. A party must raise any challenge to the appointment of the arbitrators within seven days of becoming aware of the appointment.
15.4. AWI will undertake the required procedures to address the challenge and will render a final decision regarding the appointment, which will not be open to appeal. Administrative costs may be incurred.

16. Emergency Arbitrator General Rules

16.1. Unless otherwise agreed by the parties in writing an emergency arbitrator could be appointed promptly by AWI on urgency basis irrespective the submission of the “RFA”.
16.2. No emergency arbitrator will be appointed after the final appointment of the tribunal.
16.3. The emergency arbitrator appointed shall not serve as an arbitrator in any arbitration case pertaining to the dispute that led to the initiation of emergency arbitrator proceedings.
16.4. If the tribunal is appointed then any request for urgency interim measure should be submitted to the tribunal for prompt action.
16.5. Prior to the appointment of the emergency arbitrator, he or she must sign a declaration of acceptance, availability, impartiality, and independence in accordance with the AWI’s standard form, and will possess the same responsibilities and authority as any arbitral tribunal appointed under these rules, including the authority to determine his or her own jurisdiction.
16.6. The decision of the emergency arbitrator shall be issued in the form of an order.
16.7. The Parties agree to adhere to the orders issued by the emergency arbitrator.
16.8. The procedures of the emergency arbitrator shall not prevent any party from seeking interim measures from the State Court or any judicial authority. Any application made and any measures implemented by the state court or judicial authority must be promptly communicated to the emergency arbitrator and other parties.
16.9. Any request for urgent conservatory measures presented to the State Court or any Judicial Authority shall not be considered a violation or a relinquishment of the arbitration agreement.
16.10. The emergency arbitrator’s decision is not binding on the parties; upon request from any party, the tribunal retains the authority to approve, terminate, annul, or modify the orders issued by the emergency arbitrator, regardless of the parties’ compliance with that decision.
16.11. At the request of any party, the tribunal will determine the distribution of costs related to the emergency arbitrator proceedings, which includes expenses arising from compliance or non-compliance with the orders issued by the emergency arbitrator.
16.12. Failure of the party to file “RFA” during 21 days starting from the day following the emergency appointment shall lead to cease the urgent proceedings

17. Application for Emergency Arbitrator

17.1. A party requiring the immediate appointment of an emergency arbitrator for urgent matters must submit a request to AWI for such an appointment before the tribunal is established.
17.2. The request shall include inter-alia the following information:
a) circumstances and justifications that necessitate the appointment of an emergency arbitrator.
b) the parties’ names, attributes, nationalities and their representatives (if possible) full name, description, address and other contact details.
c) Copy of the arbitration agreement;
d) any agreement as to the place of arbitration, the applicable law, the language of the arbitration. In case there is no agreement on the language then the arbitration agreement language is applied. Unless the parties agree otherwise, and in the absence of agreement on the place and law then the either party shall recource to the State Court.
e) Any information may contribute to enhance the urgency including information about submittal of “RFA” if submitted.
f) A declaration regarding the requested relief under the Emergency Measures.
g) Evidence of payment as determined by AWI.
h) Exhibits that help to verify the request properly.

18. Challenge to the Emergency Arbitrator

18.1. Within three days of the emergency arbitrator’s appointment, the party raising the challenge must provide a written statement detailing the reasons for the challenge, which should be submitted to the emergency arbitrator and copied to the other involved parties beside AWI (if AWI was the appointing authority).
18.2. If the emergency arbitrator does not withdraw, he or she will proceed with the procedures until receiving notification from the appointing authority that the challenge has been accepted and that he or she is deemed withdrawn.
18.3. The challenge procedures will run concurrently with the emergency proceedings, allowing the appointing authority to provide the parties an opportunity to respond to the challenge before issuing a final decision within four working days of receiving the parties’ final comments.
18.4. If the challenge is deemed acceptable, the appointing authority will promptly appoint a new emergency arbitrator.
18.5. The replacement of the emergency arbitrator does not considered acceptance of the validity of the challenge.

19. Proceedings of Emergency Arbitrator

19.1. Upon request of either party AWI will appoint the emergency Arbitrator as soon as possible normally during few days, subject to the information provided by the applicant.
19.2. AWI shall inform the parties and forward the file to the designated emergency arbitrator. Subsequently, the parties will directly send their communications to the emergency arbitrator.
19.3. The emergency arbitrator is required to conduct a virtual or in-person meeting with the parties within four working days of the appointment to establish the urgent procedural timetable.
19.4. The emergency arbitrator is required to set forth the urgency procedures for their tasks within four working days following the initial meeting with the parties involved.
19.5. The decisions made by the emergency arbitrator will be issued as orders.
19.6. The order issued by the emergency arbitrator must be documented in writing and should encompass a decision regarding jurisdiction, the admissibility of the application, as well as the reasons supporting the order.
19.7. The emergency arbitrator’s order(s) must be dated, signed, and submitted to the parties within 15 days from the date the file is transferred. Nevertheless, the appointing authority reserves the right to extend this deadline upon receiving a justified request for an extension from the emergency arbitrator or at party(s) request.
19.8. The orders issued by the emergency arbitrator may encompass orders for the party or parties to provide security.
19.9. The emergency arbitrator orders are binding on the parties involved, but not final except in the following circumstances:
a) The appointing authority’s acknowledgment of the party’s challenge to the emergency arbitrator.
b) Termination of the emergency arbitrator proceedings by the appointing authority upon request of party(s).
c) Parties’ withdrawal of all claims and counterclaims that are related to the order of the emergency arbitrator.
d) Termination of the arbitration proceedings before issuing the Final Award.
19.10. The Party or Parties are permitted to submit justified objections to the emergency arbitrator’s order(s) within four days of receiving such order(s). The emergency arbitrator has the authority to issue a new order within four days of receiving the request, should he or she deem it appropriate. If no new order is issued within this four-day period, the prior orders will continue to be in effect.
19.11. The tribunal has the authority to annul or amend the emergency arbitrator’s order(s) in either a partial or final award.

20. Costs of the emergency arbitrator proceedings

20.1. The applicant is required to make an advance payment based on the amount specified in the AWI fee’s schedule
20.2. The emergency arbitrator shall be compensated at an hourly rate, which will be determined by AWI.
20.3. The parties that consented to these arbitration rules have implicitly acknowledged the emergency arbitrator’s authority to issue orders regarding attorneys’ fees and costs, in addition to their allocation.
20.4. AWI may request the party or parties to make additional payments to cover the arbitrator’s fees after assessing the nature of the arbitrator’s work and the issues at hand during the proceedings.
20.5. The Emergency Arbitrator is required to provide AWI with a weekly update regarding his expenses and fees.
20.6. The emergency arbitrator order(s) shall include his fees, and costs AWI administrative costs, and the reasonable legal costs including the Parties’ attorney’s fees and costs.
20.7. The order(s) issued by the emergency arbitrator shall encompass his fees, along with the administrative costs of AWI, as well as reasonable legal expenses, which include the attorney’s fees and costs incurred by the Parties.
20.8. The order(s) issued by the emergency arbitrator shall specify the distribution of costs and fees between the parties involved.
20.9. The initiation of emergency arbitrator proceedings will only occur upon receipt of advance payment(s) from the requesting party or parties.
20.10. In the event that the emergency arbitrator proceedings conclude without the issuance of an order, AWI will determine the fees and costs incurred.

21. The order(s) of the emergency arbitrator

21.1. The emergency arbitrator order(s) shall encompass the following elements:
a) The names of the parties involved, their characteristics, nationalities, names of their representatives, authorizations, and addresses.
b) Emergency arbitrator name, address, and nationality.
c) Summary of procedures.
d) Summary of party’s statements and requests.
e) Reasons of decisions and order(s).

22. Challenge and replacement of an Arbitrator

22.1. A party has the right to contest any nominated or appointed arbitrator under the following circumstances:
a) the Arbitrator fails to perform his/her duty, and/or became unable to perform his/her duty.
b) circumstances give rise to justifiable doubts as to the arbitrator’s independence or impartiality.
c) The submission of the challenge must occur within seven calendar days from the date the party became aware of the information that prompted the challenge.
22.2. A challenge to a nominated arbitrator is not permitted from the party or parties that nominated him or her; however, such a challenge may be accepted if it is founded on reasons that emerged subsequent to the nomination of the arbitrator.
22.3. AWI will provide the other parties, and the contested arbitrator, with an opportunity to present their remarks regarding the challenge within a period of seven days.
22.4. If the arbitrator withdraws or if all other parties consent to the challenge, the challenged arbitrator will be deemed withdrawn from the proceedings and will be replaced, with the understanding that such withdrawal does not imply acceptance of the challenge’s validity.
22.5. Should the arbitrator decline to withdraw, AWI will render its final decision on the challenge within ten days of receiving the aforementioned comments.
22.6. Should the centre determine that the arbitrator must be replaced due to death, inability to perform duties, or other reasons, it will circulate its decision and initiate the replacement process.
22.7. The procedure for replacing a party’s nominated arbitrator shall adhere to the same nomination and appointment process as previously established.
22.8. The process for appointing a new presiding arbitrator will adhere to the same procedures as those used for the initial appointment.
22.9. The proceedings will continue without interruption during the challenge process; however, the tribunal will refrain from concluding the proceedings or issuing a final award until AWI has made its definitive decision regarding the challenge.
22.10. Following the replacement of the contested arbitrator, the tribunal will engage with the parties to determine the next steps in the proceedings; if the parties cannot reach an agreement, the tribunal will establish the timeline for the remaining procedural steps.

23. Conduct of proceeding

Representatives:
23.1. Each party is required to include the legal documentation of its representative with their initial communication to AWI, and retains the right to amend this documentation prior to the tribunal’s appointment.
23.2. After tribunal appointment any party wishes to change its representatives shall first make an application to the tribunal with a copy to AWI. The tribunal has the power to reject the application if the new representative is conflicted with any member of the tribunal.
23.3. Following the appointment of the tribunal, any party seeking to change its representatives must submit an application to the tribunal, along with a copy to AWI. The tribunal reserves the right to deny the application if the proposed new representative has a conflict of interest with any tribunal member.
23.4. The tribunal possess the authority to request any party to provide updated and valid representation documents, as well as the credentials of their representatives, at any stage of the proceedings.
General Rules:
23.5. The information related to the arbitration proceedings is confidential for all participating parties and may not be disclosed without written consent from all involved parties; however, such consent is not necessary if disclosure is mandated or permitted by law.
23.6. In accordance with these Rules, the arbitral tribunal possesses extensive authority to manage the proceedings in a manner it deems most suitable and efficient, which encompasses the utilization of video conferencing, virtual hearings, and various technological resources.
23.7. The tribunal, in consultation with the parties involved, will determine the date for the first case management conference (CMC).
23.8. The tribunal will promptly engage with the parties to establish the schedule for the proceedings.
23.9. The tribunal will address the preliminary issues and provide a directive, which may take the form of an order or an award, whether preliminary or partial.
23.10. The tribunal may, at its discretion, accept modifications to the amounts of claims and counterclaims upon receiving requests from the parties involved.
23.11. Following the tribunal’s acceptance of the amendments, the parties are required to submit an application to the Tribunal for the calculation of additional costs and fees within a period of seven days.
23.12. The costs and fees are to be paid according with the agreement with the Tribunal.
23.13. The tribunal will assess the admissibility, relevance, materiality, and significance of all evidence presented.
23.14. The parties consenting to these rules commit to adhering to any directives issued by the tribunal in accordance with these Rules.
23.15. Upon the request of any party or at the tribunal’s discretion, the tribunal may designate one or more technical experts from various fields to provide technical reports. The parties will have the opportunity to question these experts during a hearing. The tribunal is not obligated to appoint such experts, even if a request is made by a party, and this does not limit the party’s right to present reports from its own appointed experts.
23.16. In the absence of a hearing request or at the request of all parties, the tribunal may decide the case solely based on the submitted documents.
23.17. The tribunal will conduct a hearing at the request of any party, with the understanding that the parties will be responsible for costs in accordance with the arbitration agreement. If there is no agreement among the parties or if one party declines to share the costs, the requesting party will assume the expenses, and the tribunal will determine and allocate these costs in the final award.
Language(s)
23.18. Communication with AWI shall be conducted in English the Tribunal will determine the language(s) of proceedings.
Seat of arbitration (Place) and venue:
23.19. Unless the parties reach a different agreement, the tribunal will determine the appropriate venue for meetings and hearings in a cost-effective manner. In the absence of a mutual agreement on the venue, the tribunal may opt to conduct hearings and meetings using electronic means or choosing alternative venue.
Law(s):
23.20. In the absence of a mutual agreement between the parties, the tribunal will apply the laws it deems most suitable, taking into account all relevant circumstances and trade practices associated with the dispute.
23.21. Unless the parties reach a different agreement, the tribunal shall refrain from resolving the case based on amiable compositeur or ex aequo et bono principles.
Production of documents:
23.22. Any party may request the production of documents, provided that this request is communicated and discussed with the tribunal during the deliberation phase when establishing the procedural timetable, and it must be incorporated into that timetable.
23.23. In the absence of an alternative agreement between the parties, the most recent version of the International Bar Association (IBA) rules in effect at the time of the request for production shall serve as the guiding framework.
23.24. The tribunal shall determine the request for document production at its sole discretion, provided that the request is deemed relevant and significant to the merits of the case, unless otherwise stipulated by applicable laws.
23.25. The Tribunal has the authority to direct the parties to submit a production schedule to aid in the proceedings.
23.26. Following the receipt of the parties’ perspectives and comments outlined in the document production schedule, the tribunal will allocate a limited timeframe for the parties to submit the approved documents for production.
Hearing(s):
23.27. An oral hearing shall be conducted either at the request of any party or by decision of the tribunal.
23.28. The tribunal is granted extensive powers to conduct with the Parties any oral hearing, in a virtual format, or through in-person attendance.
23.29. The arbitral tribunal possesses extensive discretion in managing the hearing, which encompasses the participation of representatives, advisors, witnesses, experts, transcribers, and translators, if necessary.
23.30. Witnesses, experts, and translators shall take an oath on their sacred texts or beliefs before the tribunal, whether during a virtual or in-person hearing if it is mandated by Law. The tribunal may permit one of its members to attend a hearing with the parties specifically to administer the oaths in a dedicated session focused solely on this matter.
23.31. The tribunal will provide guidance to the parties regarding the procedures for examining and re-examining witnesses and experts, the time allotted to each party, the availability of transcription services, location of the hearing if it is not conducted virtually, the platform to be used for virtual hearings, and any other matters pertinent to the hearing.
23.32. The tribunal may proceed with the hearing and render a decision based on the available evidence, regardless of any party, expert, or witness failing to appear.
23.33. The party that failed may submit a new request to the tribunal, outlining the reasons for the failure, and the tribunal retains exclusive authority to determine whether to conduct a new hearing.

Expert(s) appointed by the arbitral tribunal
23.34. The arbitral tribunal is authorized to designate one or more independent experts to prepare written reports on particular matters.
23.35. The expert(s) must maintain impartiality and independence unless otherwise agreed by the parties, and may be required to take an oath before the Tribunal in accordance with the applicable laws of the seat.
23.36. The Tribunal will allow the parties a period of seven days to select the expert(s) they have mutually agreed upon.
23.37. In the event that the parties cannot agree on the names of the expert(s), the tribunal will make the determination. The parties are required to notify the arbitral tribunal within seven days if they have any objections regarding the qualifications, impartiality, or independence of the expert(s) selected by the tribunal. The tribunal will address this matter without delay.
23.38. The terms of reference for the expert(s) shall be shared with the parties for their feedback prior to being distributed to the expert(s).
23.39. The expert(s) are authorized to convene meetings with all parties collectively; however, they may proceed with their work even if one or more parties choose not to attend, cooperate, or participate in any meeting.
23.40. The expert(s) shall engage in simultaneous communication with all parties to receive their submissions.
23.41. Any disagreement between any party and the expert(s) regarding the relevance of the requested information or production shall be submitted to the arbitral tribunal for a decision.
23.42. The expert(s) will provide the initial report to the parties, allowing them a period determined by the expert(s) to raise any objections, which shall not be less than five days.
23.43. Following the parties’ objections, the expert(s) will address these concerns and simultaneously distribute the final report, along with the accompanying exhibits, to both the parties and the tribunal.
23.44. Following the completion of the final report, the expert(s) may be called to a hearing, allowing the parties to attend and cross-examine the expert. During this hearing, any party is permitted to introduce expert witnesses to provide testimony on the relevant issues.
23.45. The appointment of the tribunal’s expert does not hinder the parties from submitting their own expert reports.

Time Limit:
23.46. With the tribunal’s approval, the parties may consent to reduce the time frame for proceedings outlined in the previously established procedural timetable.
23.47. The State Court at the request of the tribunal may order extension of the time limit of the proceedings.
Closure of proceedings:
23.48. The tribunal will determine the conclusion of proceedings based on the established or extended timetable. Nevertheless, it retains the authority to reopen the proceedings at any point and accept additional submissions if deemed necessary for the case’s interests.
23.49. Once the proceedings are closed, no additional submissions or arguments may be presented; however, any party may petition the tribunal to reopen the proceedings to submit new information or address issues pertinent to the award. The tribunal retains the discretion to decide whether to reopen the proceedings.
23.50. The Tribunal shall order new closure of proceedings after the re-opening of the

24. Conservatory measures

24.1. Unless the parties agree otherwise, the tribunal may, upon a party’s request and if permitted by the applicable law governing the dispute, grant any interim measures it considers appropriate, including but not limited to.
a) Security may be required for the entire or a portion of the disputed amount, as well as for the costs associated with arbitration proceedings, based on the terms deemed appropriate by the tribunal.
b) the preservation, storage, or emergency sale of property under the control of any party and relating to the subject matter of the arbitration; the money received shall be deposited in escrow account under control of parties agreed impartial authority. The designated authority will not clear this amount to the parties until receiving the final award that include the final order from the tribunal that shall include the clearance of the amount deposited in the escrow account to the parties and in what ratio.
c) the preservation, storage, or urgent sale of property managed by any party and pertinent to the arbitration shall occur, with the proceeds being placed in an escrow account. Which must be subject to a definitive order from the tribunal specifying the distribution of the escrowed amount among the parties.
d) The escrow account will remain unused until the tribunal issues the final award, which encompasses the duration required for the issuance of any supplementary award deemed part of the final award.
e) The settlement of this account will be conducted strictly in accordance with the tribunal’s order specified in the final award.
f) Except in cases of misconduct, neither AWI nor the tribunal shall be held liable for any issues related to the reservation of funds in the escrow account. The Parties must agree on the escrow account reserving authorty. And in the absence of agreement the tribunal shall decide.
24.2. Interim measures procedures costs shall be decided by the tribunal and paid by any party. The tribunal shall allocate these costs in the final award.
24.3. The interim measure order can be issued as either an award or a reasoned order, and it shall be binding on the parties upon issuance. The parties are obligated to.
24.4. Any party may seek judicial intervention to enforce the interim measure award or order issued by the tribunal if the opposing party fails to comply with the tribunal’s order or award.
24.5. Any application submitted to the state court must be promptly communicated to the tribunal and the other party.
24.6. The application for an interim measure submitted to the tribunal must be distributed to the other parties, and it should include a comprehensive account of the circumstances that prompted the application, along with relevant documents, exhibits, and the requested relief.
24.7. The tribunal has the authority to suspend or terminate the interim measures proceedings if the applicant party fails to make the required advance payment.
24.8. A party’s request for interim measures made to the state court shall not impair the tribunal’s authority as granted by these rules, nor shall it be interpreted as a waiver of the arbitration agreement by the party.

25. Jurisdiction of the tribunal

25.1. The tribunal possesses complete authority to determine its own jurisdiction.
25.2. The authority of the tribunal derives from the arbitration agreement, which may exist as a standalone document or be included as a clause within the parties’ contract. This agreement is regarded as independent from the contract itself, ensuring its validity even if the contract is deemed null and void or terminated for any reason.
25.3. The tribunal shall address any challenge to its jurisdiction raised by a party, whether before or after its appointment, as a primary issue following the appointment.
25.4. The tribunal shall proceed as follow to decide the challenge raised to its jurisdiction:
a) The party that initiated the challenge shall be afforded the opportunity to present a formal challenge statement within seven days, detailing all relevant circumstances that prompted the challenge, including those pertaining to the nature of the claim, the establishment of the tribunal, and any other pertinent matters.
b) The opposing party or parties are required to respond to the challenge within a period of 7 days.
c) If deemed necessary, the tribunal may grant the parties an additional submission round at its discretion, allowing for a period of seven days.
d) The tribunal possesses the exclusive authority to grant extensions for the submission of the aforementioned statements if deemed necessary.
e) Subsequently, the tribunal will render its decision in the form of an order, preliminary award, or partial award.
f) The tribunal’s order or award will address the entirety of the challenge, encompassing the existence, scope, and validity of the arbitration agreement(s), the appointment of the tribunal, and the associated costs.
g) Should the tribunal determine that it lacks jurisdiction, it will solely render a final award regarding jurisdiction.
h) The proceedings will continue without interruption during the challenge process; nonetheless, the tribunal will include its jurisdiction decision in the final award if it has previously determined that it possesses jurisdiction to assess the merits of the case.
i) The Tribunal will proceed with the procedures if it determines that it possesses jurisdiction, provided that no new circumstances affecting its jurisdiction arise; in such cases, the challenge to jurisdiction will be revisited.

26. Replacement of Arbitrator

26.1. Any party may object to the appointment of a nominated or appointed arbitrator within ten days of becoming aware of the appointment. If the objection is not raised within this timeframe, the right to contest the appointment will be deemed waived.
26.2. A party may contest the appointment of an arbitrator if there are valid reasons to doubt his or her independence or impartiality, provided that this challenge is submitted to the Tribunal within ten days of becoming aware of the relevant circumstances. If the objection is not raised within this timeframe, the right to challenge will be deemed waived.
26.3. If all parties consent to the challenge, the arbitrator in question shall be deemed withdrawn from the proceedings and will be replaced, with the understanding that this withdrawal does not imply acceptance of the challenge’s validity.
26.4. If not all the parties agree to the challenge and the arbitrator refuse to resign then the parties are to recourse to the State Courts for replacement.

27. Termination of proceedings

27.1. In the event that the Tribunal receives a request from any party to withdraw its claims against the opposing party, the proceedings will proceed with respect to any remaining claims and/or counterclaims submitted by the parties. The Tribunal will coordinate with the Centre to calculate the fees and costs incurred up to that point, as well as the costs and fees associated with the continuation of the proceedings.
27.2. If, at the time of the termination request, the other party or parties have informed the tribunal of their claims or counterclaims, they must provide confirmation within ten days of receiving the termination request to proceed with their claims and counterclaims. The costs and fees for the arbitrator will be adjusted accordingly.
27.3. If all parties agree to terminate the proceedings, the Tribunal will issue a termination order that includes the allocation of amount ofcosts and fees as per the schedule of fees.

28. Awards

General Rules
28.1. The tribunal is authorized to issue preliminary, partial, final, and supplementary awards as deemed necessary. The decisions made in these awards may be overturned in the final award, with specific reasons provided therein.
28.2. The inability of any party to provide adequate justification for non-participation, to comply with tribunal orders, to submit required documents or evidence, or to appear at hearings, along with any other procedural shortcomings, shall not hinder the tribunal from proceeding with the case and issuing an award based on the available evidence.
28.3. The preliminary and partial awards are binding on the parties upon issuance, irrespective of any challenges raised. The parties are required to adhere to these awards throughout the proceedings until the final award is delivered.
28.4. In instances where the tribunal comprises multiple arbitrators, decisions regarding the award must be reached by a majority vote; if a majority cannot be established, the decision of the presiding arbitrator will be deemed final. Any dissenting opinions from the other tribunal members will be documented by the co-arbitrators in the award. Should the presiding arbitrator choose not to include these dissenting opinions, they are required to provide an explanation in the award for the omission and the reasons for the failure of the other tribunal members to sign the award.
28.5. The Award is deemed to be issued at the place (seat) of arbitration, irrespective of where the tribunal members affixed their signatures to the Award.
28.6. The Parties may mutually consent and request the tribunal to electronically sign the award(s), with subsequent signatures on physical copies.
28.7. The Tribunal is required to transmit the signed awards to the Parties, either in electronic format or as hard copies. Hard copies by courier.
28.8. The parties have the right to mutually agree in writing to restrict the content to be included in the Award, regardless of whether their agreements align with these arbitration rules.
28.9. If a tribunal member declines to sign the award, they must provide a dissenting opinion; if they fail to do so, the remaining member(s) will outline the signature procedures followed and include in the award the reasons for the non-signing member’s refusal.
28.10. The Tribunal shall communicate any Award to the Parties in pdf and original hard copy by courier in a period shall not exceed 15 days of rendering the Award.
28.11. Unless the parties have reached a different agreement, the award shall include, among other things, the following elements.
a) The type of award may be classified as preliminary, partial, final, supplementary, or additional.
b) The arbitration case No.
c) The parties and their representatives’ authorizations, and addresses.
d) The tribunal member(s) names, nationalities, addresses, appointment procedures.
e) The arbitration agreement’s wording should be provided along with a copy of the document.
f) Decision on language(s).
g) Seat of arbitration, as the award is deemed to be issued at the seat of arbitration, irrespective of the countries where the arbitrators may have signed the award.
h) Summary pf procedures.
i) Summary of parties’ arguments.
j) Summary of witnesses’ statements.
k) Summary of experts’ reports including the tribunal appointed experts, and parties’ experts.
l) Summary of oral hearing(s).
m) Tribunal analysis, reasons, decisions and orders.
n) A fair distribution of expenses tribunal fees and expenses, reasonable legal fees, and any additional costs deemed necessary for inclusion and allocation by the tribunal.
o) The tribunal will determine the reasonableness of lawyers’ costs in accordance with the customary practices of the arbitration location. These costs will be allocated by the tribunal in the final award or decision, as legal fees and expenses are inherently included in the arbitration agreement established by the parties who chose to proceed under these rules.
p) The date of the award’s issuance is determined by the date of the last signature from a tribunal member, regardless of whether it appears on a digital or physical copy, with priority given to the earlier of the two.
Preliminary Award
28.12. The tribunal is authorized to issue preliminary awards as deemed necessary.
28.13. The Primary award is provisional and may be altered in the final award for the reasons specified.
Partial Award
28.14. The tribunal is authorized to issue partial awards as deemed necessary.
28.15. The partial award constitutes a conclusive determination regarding one or more specified issues; however, the decisions made in the partial award may be altered in the final award based on new reasons and evidence that emerge after the issuance of the partial award, which must be explicitly stated in the final award.

Award by consent
28.16. Unless otherwise agreed by the parties, they may engage in settlement negotiations during the arbitration proceedings. If a settlement is reached, they can request the tribunal to issue a consent award that encompasses either the entire settlement terms or a portion thereof, in addition to the requirements specified in Article 19.13.
Final award
28.17. The tribunal will render a single final award that resolves the disputes between the parties.
28.18. The supplementary award and the additional award are regarded as components of the final award.
28.19. The final award must be rendered within six months from the date the first meeting with parties. unless the parties agree otherwise.
28.20. The Tribunal may, at its discretion, extend the time limit by an additional six months, provided that the reasons for such an extension are clearly stated in the order.
28.21. The duration required to issue the supplementary or additional award is excluded from the calculation of the time limit for the final award.
Supplementary award
28.22. The Supplementary award is an award that the Tribunal may issue in response to a request from any party or at its own discretion.
28.23. The Tribunal shall allow a period of 21 days following the notification of the Final Award for the Parties to submit any requests for a supplementary award. This 21-day period is conclusive, and no requests will be accepted after its expiration.
28.24. Upon receiving a request from either party for a supplementary award, if the Tribunal determines that such an award is necessary then the time limit for issuing the supplementary award is 30 days starting after the end of the 21 days mentioned.
28.25. if the Tribunal determines that such an award is unnecessary, then they may inform the parties during the 3o days.
28.26. If no supplementary award is issued within 30 days allowed for the supplementary award, then the final award shall be deemed complete without the requirement for any supplementary award.
28.27. The Tribunal may, at its discretion, issue a supplementary award, provided that the parties submit their request within the specified time limit of 21 days or this period is elapsed.
28.28. The request for a supplementary award by any party or parties is strictly confined to the following issues.
a) A request for amendments to the award is made to address any computational errors, clerical mistakes, typographical errors, or similar inaccuracies.
b) Discrepancies between decisions in the reasons and the dispositive part of the award.
c) Request for clarification regarding specific aspects of the award.
d) A request for claims and/or counterclaims (the reliefs) that were referenced in the final statements of the parties but not addressed by the tribunal.
28.29. If the request for a supplementary award extends beyond the aspects outlined above, the tribunal will either decline to address the request or may issue a supplementary award indicating that certain elements of the request fall outside the scope of the supplementary award, thereby excluding them from consideration.
28.30. The supplementary award is regarded as an integral component of the final award.
28.31. If for any reason the Tribunal did not issue Supplementary award after receiving a request from either party then the final award that is issued is considered completed and there is no need for any supplementary award.

29. Waiver of Right to Object

29.1. Any party may proceed with the proceedings without lodging an objection within 10 days of becoming aware of the defaults and/or the tribunal’s failure in any of the following matters.
a) To adhere to the requirements and/or procedures stipulated by these regulations, or any rules applicable to the arbitration process.
b) To adhere to any stipulation outlined in the arbitration agreement.
c) To adhere to any legal obligations applicable to the proceedings.
d) To ensure adherence to the appropriate conduct of the proceedings.

It will be considered that the right to object has been waived if no request is submitted within the specified 10-day period.

30. Exclusion of Liability

30.1. The ARBITRATION WORLD INDEX’s Owners, staff, developers, operators, and any individual involved in the AWI companies and group, shall not be held liable to any party or to the Tribunal members and their staff for actions related to the arbitral proceedings governed by these Rules.
30.2. The arbitrators, Board members, secretaries of the arbitral tribunal, and any individuals appointed by the tribunal shall not be held liable to any party for actions related to the arbitral proceedings governed by these Rules, unless such limitations on liability are not permitted by applicable law, and the harm or losses incurred were a result of intentional and willful misconduct.

31. Costs

31.1. The costs schedule may be modified from time to time according to the AWI decisions. The Parties and the Tribunal members shall use the last schedule shown on the website at the time of appointing the Tribunal.
31.2. The expenses associated with arbitration will encompass the fees and costs of the arbitrators, fees and expenses of neutral experts appointed by the tribunal, costs related to hearings and transcripts, as well as reasonable parties’ legal fees.
31.3. If a counterclaim is submitted, the Tribunal will aggregate the amounts and determine the payment(s) required for both the claim and the counterclaim, which will be equally shared by the parties if they choose to proceed in that manner. Should either party fail to pay their respective share, or if a party requests separate payments for costs, the Tribunal will establish distinct payments for the advance, ensuring that each party is responsible for their own claim(s). Failure to comply with this requirement will result in the tribunal disregarding the non-compliant party’s claim(s).
31.4. Should the Tribunal decide to appoint technical expert(s), it must obtain prior approval from the party(s) regarding the costs they will incur before proceeding with the appointment.
31.5. The Tribunal will engage in discussions with the experts and the involved parties to determine the fees for the expert(s), which will encompass their associated costs.
31.6. In the event that the arbitration proceedings conclude for any reason prior to the issuance of the final award, the Tribunal will determine the reasonable fees and costs based on the stage of the case at that time, and any remaining balance will be refunded to the parties involved.
31.7. The amounts determined by the Tribunal for costs and fees exclude any taxes or VAT (value added tax), thus the parties are responsible for paying these amounts in accordance with the law. The Tribunal will issue (TAX INVOICES) including VAT beside the fees and expenses, and will send to the parties the invoices and receipts.

31.8. The set-off issue will be regarded as an independent claim initiated by the party asserting the set-off, and the advance on costs will be determined based on the original claimed amount rather than the amount resulting from the set-off to enable the Tribunal to recognize the whole disputed amounts not the set off part only.
31.9. Any party may choose to pay the advance costs of the opposing party to facilitate the continuation of the proceedings, with such payments to be allocated by the tribunal at a later stage.
31.10. The final amount of fees and costs will be decided by the Tribunal after final submission of claim and counter claim and according to the final decision whether separate or combined costs will be paid by the parties.
31.11. The Tribunal shall fix the amount on advance on costs during 10 days after submitting the counter claim and informing the centre by respondent about its assessment for the counterclaim and that will be shared by the parties equally or otherwise (according to the arbitration agreement).
31.12. If any party fails to fulfil its financial obligations or upon request from any party, the Tribunal will determine separate advance costs. Should any party neglect to pay the amount owed (or the share as per the arbitration agreement conditions), it will be regarded as a withdrawal of its claim if the other party did not cover the amount during 10 days, while retaining the right to present this claim or counterclaim in a future arbitration proceeding.
31.13. The Tribunal will evaluate the costs and fees based on an estimated dispute amount of USD 50,000 in instances where no specific claimed or counterclaim amount is provided. The parties retain the right to modify their claimed amount.
31.14. AWI is not held responsible for the amount paid or not paid to the Tribunal, to the experts, etc… the monetary communications shall be conducted directly between the Tribunal and the Parties according to Law.