First Schedule (Section 98(1))
Arbitration Rules
Section I. Introductory Rules
Article 1 – Scope of application
Where parties have agreed that disputes between them in respect of a defined legal relationship, whether contractual or not, shall be referred to arbitration under the Arbitration Act, then such disputes shall be settled in accordance with these Rules subject to such modification as the parties may agree.These Rules shall govern an arbitration, except that where any of these Rules is in conflict with a provision of the Act, the Provisions of the Act shall prevail.Article 2 – Notice, calculation of periods of time
A notice, including a notification, communication or proposal, may be transmitted by any means of communication that provides or allows for a record of its transmission.If an address has been designated by a party specifically for this purpose or authorised by an arbitral tribunal, a notice shall be delivered to that party at that address and if so delivered shall be deemed to have been received. Delivery by electronic means such as facsimile or e-mail may only be made to an address so designated or authorised.In the absence of such designation or authorisation, a notice is—(a)received if it is physically delivered to the addressee; or(b)deemed to have been received if it is delivered at the place of business, habitual residence or mailing address of the addressee.If, after reasonable efforts, delivery cannot be effected in accordance with paragraphs 2 or 3, a notice is deemed to have been received if it is sent to the addressee's last-known place of business, habitual residence or mailing address by registered letter or any other means that provides a record of delivery or of attempted delivery.A notice shall be deemed to have been received on the day it is delivered in accordance with paragraphs 2, 3 or 4, or attempted to be delivered in accordance with paragraph 4. A notice transmitted by electronic means is deemed to have been received on the day it is sent, except that a request for arbitration so transmitted is only deemed to have been received on the day when it reaches the addressee's electronic address.For the purposes of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice, notification, communication or proposal is received. If the last day of such period is an official holiday or non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period.Article 3 – Written communication requesting arbitration
The party initiating recourse to arbitration (hereinafter called the "claimant”) shall give to the other party (hereinafter called the "respondent") a written communication containing a request for the dispute to be referred to arbitration (the "written communication" or the "request").Arbitral proceedings shall be deemed to commence on the date on which the written communication is received by the respondent.The written communication shall include the following—(a)a demand that the dispute be referred to arbitration;(b)the names and contact details of the parties;(c)identification of an arbitration clause or the separate arbitration agreement that is invoked;(d)identification of any contract or other legal instrument out of or in relation to which the dispute arises or, in the absence of such contract or instrument, a brief description of the relevant relationship;(e)a brief description of the claim and an indication of the amount involved, if any;(f)the relief or remedy sought;(g)a proposal as to the number of arbitrators (i.e. one or three), language and seat of arbitration if the parties have not previously agreed thereon.The constitution of an arbitral tribunal shall not be hindered by any controversy with respect to the sufficiency of the written communication containing a request for the dispute to be referred to arbitration, which shall be finally resolved by an arbitral tribunal.Article 4 – Response to the written communication requesting arbitration
Within 30 days of the receipt of the written communication containing a request for the dispute to be referred to arbitration, the respondent shall convey to the claimant a response to the said written communication, which shall include—(a)the name and contact details of each respondent;(b)a response to the information set forth in the notice of arbitration, pursuant to Article 3, paragraphs 3 (c) to (g).The constitution of an arbitral tribunal shall not be hindered by a controversy with respect to the respondent's failure to communicate a response to the written communication requesting arbitration, or an incomplete or late response to the written communication, which shall be finally resolved by the arbitral tribunal.Article 5 – Representation and assistance
A party may be represented or assisted by persons chosen by it. The names and addresses of such persons shall be communicated in writing to all parties and to the arbitral tribunal. The communication shall specify whether the appointment is being made for purposes of representation or assistance.Article 6 – Emergency Arbitrator Proceedings
Conduct of Emergency relief proceedings
Taking into account the urgency inherent in the Emergency relief proceedings and ensuring that each party has a reasonable opportunity to be heard on the Application, the Emergency Arbitrator may conduct such proceedings in such a manner as the Emergency Arbitrator considers appropriate. The Emergency Arbitrator shall have the power to rule on objections that the Emergency Arbitrator has no jurisdiction, including any objections with respect to the existence, validity or scope of an arbitration clause(s) or of the separate arbitration agreement(s), and shall resolve any disputes over the applicability of this Article.Decisions of the Emergency Arbitrator
A decision of an Emergency Arbitrator shall take the form of an Order (the "Emergency Decision") shall be made within 14 days from thedate on which the file is received by the Emergency Arbitrator. This period of time may be extended by agreement of the parties.An Emergency Decision may be made even if in the meantime the file has been transmitted to the arbitral tribunal.An Emergency Decision shall—(b)state the date when it was made and summary reasons upon which the Emergency Order is based (including a determination on whether the Emergency Arbitrator has jurisdiction to grant the Emergency relief); and(c)be signed by the Emergency Arbitrator.An Emergency Decision shall fix the costs of the Emergency relief proceedings and decide which of the parties shall bear them or in what proportion they shall be borne by the parties, subject always to the power of the arbitral tribunal to determine finally the apportionment of such costs. The costs of the Emergency relief proceedings include the Emergency Arbitrator's fees and expenses and the reasonable and other legal costs incurred by the parties for the Emergency relief proceedings.Any Emergency Decision shall be recognised and enforced in the same manner as an interim measure and shall be binding on the parties when rendered. By agreeing to arbitration under these Rules, the parties undertake to comply with any Emergency Decision without delay.The Emergency Arbitrator shall be entitled to order the provision of appropriate security by the party seeking Emergency relief.An Emergency Decision may, upon a reasoned request by a party, be modified, suspended or terminated by the Emergency Arbitrator or the arbitral tribunal (once constituted).An Emergency Decision ceases to be binding—(a)if the Emergency Arbitrator or the arbitral tribunal so decides;(b)upon the arbitral tribunal rendering a final award, unless the arbitral tribunal expressly decides otherwise;(c)upon the withdrawal of all claims or the termination of an arbitration before the rendering of a final award; or(d)if an arbitral tribunal is not constituted within 90 days from the date of the Emergency Decision. This period of time may be extended by agreement of the parties.The decision of an Emergency Arbitrator shall not bind the arbitral tribunal with respect to a question, issue or dispute determined in an Emergency Decision. An arbitral tribunal may modify, terminate or annul an Emergency Decision or a modification thereto made by the Emergency Arbitrator.An arbitral tribunal shall decide upon any party's request or claim related to an Emergency relief proceedings, including the reallocation of the costs of such proceedings and a claim arising out of or in connection with the compliance or non-compliance with the order.General provisions
Subject to subparagraph 15 of this Article, an Emergency Arbitrator shall have no further power to act once the arbitral tribunal is constituted.The Emergency Arbitrator procedures set out in this Article are not intended to prevent a party from seeking urgent interim or conservatory measures from a competent Court at any time.In all matters not expressly provided for in this Article, the Emergency Arbitrator shall act in the spirit of the Act and these Rules.The Emergency Arbitrator shall make every reasonable effort to ensure that an Emergency Decision is valid.Section II. Composition of an arbitral tribunal
Article 7 – Number of arbitrators
If the parties have not previously agreed on the number of arbitrators, and if within 30 days after the receipt by the respondent of the written communication containing a request for the dispute to be referred to arbitration the parties have not agreed that there shall be only one arbitrator, one arbitrator shall be appointed.Notwithstanding paragraph 1, if no other parties have responded to a party's proposal to appoint a sole arbitrator within the time limit provided for in paragraph 1 and the party or parties concerned have failed to appoint a second arbitrator in accordance with Article 9 or 10, the appointing authority may, at the request of a party, appoint a sole arbitrator pursuant to the procedure provided for in Article 8, paragraph 2, if it determines that, in view of the circumstances of the case, this is more appropriate.Appointment of arbitrators (Articles 8 to 10)
Article 8
If the parties have agreed that a sole arbitrator is to be appointed and if within 30 days after receipt by all other parties of a proposal for the appointment of a sole arbitrator the parties have not reached agreement thereon, a sole arbitrator shall, at the request of a party, be appointed by the appointing authority.The appointing authority shall appoint the sole arbitrator as promptly as possible. In making the appointment, the appointing authority shall use the following list-procedure, unless the parties agree that the list-procedure should not be used or unless the appointing authority determines in its discretion that the use of the list-procedure is not appropriate for the case—(a)The appointing authority shall communicate to each of the parties an identical list containing at least 3 names;(b)Within 15 days after the receipt of this list, each party may return the list to the appointing authority after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference;(c)After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties;(d)If for any reason the appointment cannot be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrator.Article 9
If 3 arbitrators are to be appointed, each party shall appoint one arbitrator. The 2 arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the arbitral tribunal.If within 30 days after the receipt of a party's notification of the appointment of an arbitrator the other party has not notified the first party of the arbitrator it has appointed, the first party may request the appointing authority to appoint the second arbitrator.If within 30 days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the appointing authority in the same way as a sole arbitrator would be appointed under Article 8.Article 10
For the purposes of Article 9, paragraph 1, where 3 arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties have agreed to another method of appointment of arbitrators, the multiple parties jointly, whether as claimant or as respondent, shall appoint an arbitrator.If the parties have agreed that an arbitral tribunal is to be composed of a number of arbitrators other than one or three, the arbitrators shall be appointed according to the method agreed upon by the parties.In the event of any failure to constitute an arbitral tribunal under these Rules, the appointing authority shall, at the request of any party, constitute the arbitral tribunal and, in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrator.Disclosures by and challenge of arbitrators
Article 11
When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall confirm their availability and disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, from the time of his or her appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties and the other arbitrators unless they have already been informed by him or her of these circumstances.Article 12
Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence.A party may challenge the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made.In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility of his or her performing his or her functions, the procedure in respect of the challenge of an arbitrator as provided in Article 13 shall apply.Article 13
A party that intends to challenge an arbitrator shall send notice of its challenge within 15 days after it has been notified of the appointment of the challenged arbitrator, or within 15 days after the circumstances mentioned in Articles 11 and 12 became known to that party.The notice of challenge shall be communicated to all other parties, to the arbitrator who is challenged and to the other arbitrators. The notice of challenge shall state the reasons for the challenge.When an arbitrator has been challenged by a party, all parties may agree to the challenge. The arbitrator may also, after the challenge, withdraw from his or her office. In neither case does this imply acceptance of the validity of the grounds for the challenge.If, within 15 days from the date of the notice of challenge, all parties do not agree to the challenge or the challenged arbitrator does not withdraw, the party making the challenge may elect to pursue it further and in that case, within 30 days from the date of the notice of challenge, it shall seek a decision on the challenge by—(a)the appointing authority, arbitral institution or the Court'(as the case may be) that appointed the arbitrator; or(b)where a party appointed the arbitrator, the Court.Article 14 – Replacement of an arbitrator
Subject to paragraph 2, in any event where an arbitrator has to be replaced during the course of an arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in Articles 8 to 10 that was applicable to the appointment or choice of the arbitrator being replaced. This procedure shall apply even if during the process of appointing the arbitrator to be replaced, a party had failed to exercise its right to appoint or to participate in the appointment.If, at the request of a party, the appointing authority determines that, in view of the exceptional circumstances of the case, it would be justified for a party to be deprived of its right to appoint a substitute arbitrator, the appointing authority may, after giving an opportunity to the parties and the remaining arbitrators to express their views: (a) appoint the substitute arbitrator; or (b) after the closure of the hearings, authorize the other arbitrators to proceed with an arbitration and make any decision or award.Article 15 – Repetition of hearings in the event of the replacement of an arbitrator
If an arbitrator is replaced, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the parties decides otherwise.Article 16 – Exclusion of liability
Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, the emergency arbitrator, the appointing authority and a person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration.Section III. Arbitral proceedings
Article 17 – General provisions
Subject to the Rules, an arbitral tribunal may conduct an arbitration in such manner as it considers appropriate, provided that, the parties are treated with equality and that at any stage of the proceedings each party is given a full opportunity of presenting his case. An arbitral tribunal, in exercising its discretion, shall conduct the proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the parties' dispute.As soon as practicable after its constitution and after inviting the parties to express their views, an arbitral tribunal shall establish the provisional timetable of the arbitration. An arbitral tribunal may, at any time, after inviting the parties to express their views, extend or abridge a period of time prescribed under these Rules or agreed by the parties.If at an appropriate stage of the proceedings any party so requests, an arbitral tribunal shall hold healings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument. In the absence of such a request, an arbitral tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials.All communications to an arbitral tribunal by one party shall be communicated by that party to all other parties. The communications shall be made at the same time, except as otherwise permitted by the arbitral tribunal if it may do so under applicable law.An arbitral tribunal may, at the request of a party, allow one or more third persons to be joined in the arbitration as a party, provided such person is a party to the arbitration agreement, unless an arbitral tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties. An arbitral tribunal may make a single award or several awards in respect of all parties so involved in an arbitration.Article 18 – Seat and venue of arbitration
If the parties have not previously agreed on the seat of the arbitration, the seat of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the arbitration. The Award shall be deemed to have been made at the seat of arbitration.An arbitral tribunal may meet at any location (venue) it considers appropriate for deliberations. Unless otherwise agreed by the parties, the arbitral tribunal may also meet at any location it considers appropriate for any other purpose, including hearings.Article 19 – Language
Subject to an agreement by the parties, an arbitral tribunal shall promptly after its appointment, determine the language or languages to be used in the proceedings. This determination shall apply to the points of claim, the points of defence, and any further written statements and, if oral hearings take place, to the language or languages to be used at such hearings.An arbitral tribunal may order that any documents annexed to the points of claim or points of defence, and any supplementary documents or exhibits submitted in the course of the proceedings, delivered in their original language, shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.Article 20 – Points of claim
Unless the points of claim was contained in the written communication containing a request for the dispute to be referred to arbitration, the claimant shall, within a period of time to be determined by an arbitral tribunal, communicate its points of claim in writing to the respondent and to each of the arbitrators.The points of claim shall include the following particulars—(a)the names and addresses of the parties;(b)a statement of the facts supporting the claim;(d)the relief or remedy sought;(e)the legal grounds or arguments supporting the claim.A copy of any contract or other legal instrument out of which or in relation to which the dispute arises and of the arbitration agreement, if not contained in the contract or other legal instrument, shall be annexed to the points of claim.The points of claim should, as far as possible, be accompanied by all documents and other evidence relied upon by the claimant or contain references to them.Article 21 – Points of defence
Unless the points of defence was contained in response to the written communication containing a request for the dispute to be referred to arbitration, the respondent shall, within a period of time to be determined by an arbitral tribunal, communicate its points of claim in writing to the respondent and to each of the arbitrators.The points of defence shall reply to the particulars (b), (c), (d) and (e) of the points of claim (Article 20, paragraph 2). The statement of defence should, as far as possible, be accompanied by all documents and other evidence relied upon by the respondent, or contain references to them.In its points of defence, or at a later stage in the arbitral proceedings, if the arbitral tribunal decides that the delay was justified under the circumstances, the respondent may make a counterclaim or rely on a claim for the purpose of a set-off provided that the arbitral tribunal has jurisdiction over it.The provisions of Article 20, paragraphs 2 to 4, shall apply to a counterclaim, a claim under Article 4, paragraph 2(f), and a claim relied on for the purpose of set-off.Article 22 – Amendments to the claim or defence
During the course of the arbitral proceedings, either party may amend or supplement its claim or defence, including a counterclaim or a claim for the purpose of a set-off, unless the arbitral tribunal considers it inappropriate to allow such amendment or supplement having regard to the delay in making it or prejudice to the other parties or any other circumstances.A claim or defence, including a counterclaim or a claim for the purpose of a set-off, may not be amended or supplemented in such a manner that the amended or supplemented claim or defence falls outside the jurisdiction of the arbitral tribunal.Article 23 – Pleas as to the jurisdiction of an arbitral tribunal
An arbitral tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration clause or of the separate arbitration agreement. For that purpose, an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by an arbitral tribunal that the contract is null shall not entail automatically the invalidity of the arbitration clause.A plea that an arbitral tribunal does not have jurisdiction shall be raised not later than in the points of defence, or with respect to a counterclaim or a claim for the purpose of a set-off, in the reply to the counterclaim or to the claim for the purpose of a set-off. A party is not precluded from raising such a plea by the fact that it has appointed, or participated in the appointment of, an arbitrator. A plea that an arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during an arbitral proceedings. An arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.An arbitral tribunal may rule on a plea referred to in paragraph 2 either as a preliminary question or in an award on the merits. An arbitral tribunal may continue the arbitral proceedings and make an award, notwithstanding any pending challenge to its jurisdiction before a court.Article 24 – Further written statements
An arbitral tribunal shall decide which further written statements, in addition to the points of claim and the points of defence, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements.Article 25 – Periods of time
The periods of time fixed by an arbitral tribunal for the communication of written statements (including the points of claim and points of defence) should not exceed 45 days. An arbitral tribunal may however extend the time limits if it concludes that an extension is justified.Article 26 – Interim measures
An arbitral tribunal may, at the request of a party, grant interim measures.An interim measure is a temporary measure by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party, for example and without limitation, to—(a)Maintain or restore the status quo pending determination of the dispute;(b)Take action that would prevent, or refrain from taking action that is likely to cause, (i) current or imminent harm or (ii) prejudice to the arbitral process itself;(c)Provide a means of preserving assets out of which a subsequent award may be satisfied; or(d)Preserve evidence that may be relevant and material to the resolution of the dispute.The party requesting an interim measure under paragraphs 2 (a) to (c) shall satisfy the arbitral tribunal that—(a)harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and(b)there is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of an arbitral tribunal in making a subsequent determination.With regard to a request for an interim measure under paragraph 2 (d), the requirements in paragraphs 3 (a) and (b) shall apply only to the extent the arbitral tribunal considers appropriate.The arbitral tribunal may modify, suspend or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the interim measure was requested or granted.The party requesting an interim measure may be liable for any costs and damages caused by the measure to any party if the arbitral tribunal later determines that, in the circumstances then prevailing, the measure should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings.A request for interim measures addressed by any party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.Article 27 – Evidence
Each party shall have the burden of proving the facts relied on to support his claim or defence.Witnesses, including expert witnesses, who are presented by the parties to testify to the arbitral tribunal on any issue of fact or expertise may be any individual, notwithstanding that the individual is a party to the arbitration or in any way related to a party. Unless otherwise directed by the arbitral tribunal, statements by witnesses, including expert witnesses, may be presented in writing and signed by them.The arbitral tribunal may, if it considers it appropriate, require a party to deliver to the tribunal and to the other party within such a period of time as the arbitral tribunal shall decide, a summary of the documents and other evidence which that party intends to present in support of the facts in issue set out in his points of claim of points of defence.At any time during the arbitral proceedings, the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a period of time as the arbitral tribunal shall determine.The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered.Article 28 – Oral and virtual hearings
Where a physical hearing is impracticable due to health, safety, cost, or other considerations, tribunals shall conduct proceedings virtually.In conducting virtual hearings, tribunals shall have regard to the Africa Arbitration Academy Protocol on Virtual Hearings in Africa 2020, which is incorporated and forms part of these Rules.In the event of an oral hearing, the arbitral tribunal shall give the parties adequate advance notice of the date, time and place thereof.Witnesses, including expert witnesses, may be heard under the conditions and examined in the manner set by the arbitral tribunal.Hearings shall be held in camera unless the parties agree otherwise. The arbitral tribunal may require the retirement of any witness or witnesses, including expert witnesses, during the testimony of such other witnesses, except that a witness, including an expert witness, who is a party to the arbitration shall not, in principle, be asked to retire.The arbitral tribunal may direct that witnesses, including expert witnesses, be examined through means of telecommunication that do not require their physical presence at the hearing (such as videoconference).Article 29 – Experts appointed by the arbitral tribunal
After consultation with the parties, the arbitral tribunal may appoint one or more independent experts to report to it in writing, on specific issues to be determined by the arbitral tribunal. A copy of the expert's terms of reference, established by the arbitral tribunal, shall be communicated to the parties.The expert shall, in principle before accepting appointment, submit to the arbitral tribunal and to the parties a description of his or her qualifications and a statement of his or her impartiality and independence. Within the time ordered by the arbitral tribunal, the parties shall inform the arbitral tribunal whether they have any objections as to the expert's qualifications, impartiality or independence. The arbitral tribunal shall decide promptly whether to accept any such objections. After an expert's appointment, a party may object to the expert's qualifications, impartiality or independence only if the objection is for reasons of which the party becomes aware after the appointment has been made. The arbitral tribunal shall decide promptly what, if any, action to take.The parties shall give the expert any relevant information or produce for his or her inspection any relevant documents or goods that he or she may require of them, Any dispute between a party and. such expert as to the relevance of the required information or production shall be referred to the arbitral tribunal for decision.Upon receipt of the expert's report, the arbitral tribunal shall communicate a copy of the report to the parties, who shall be given the opportunity to express, in writing, their opinion on the report. A party shall be entitled to examine any document on which the expert has relied in his or her report.At the request of either party, the expert, after delivery of the report, may be heard at a hearing where the parties shall have the opportunity to be present and to interrogate the expert. At this hearing, either party may present expert witnesses in order to testify on the points at issue. The provisions of Article 29 shall be applicable to such proceedings.Article 30 – Default
If, within the period of time fixed by these Rules or the arbitral tribunal, without showing sufficient cause—The claimant has failed to communicate its point of claim, the arbitral tribunal shall issue an order for the termination of the arbitral proceedings, unless there are remaining matters that may need to be decided and the arbitral tribunal considers it appropriate to do so.The respondent has failed to communicate its response to the written communication containing a request for the dispute to be referred to arbitration or its points of defence, the arbitral tribunal shall order that the proceedings continue, without treating such failure in itself as an admission of the claimant's allegations; the provisions of this subparagraph also apply to a claimant's failure to submit a defence to a counterclaim or to a claim for the purpose of a set-off.If a party, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.If a party, duly invited by the arbitral tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it.Article 31 – Consolidation
In deciding whether to consolidate proceedings or to hold concurrent hearings, the arbitral tribunal shall take into account the circumstances of the case, which may include, but are not limited to where—(a)one or more arbitrators have been nominated or confirmed in more than one of the arbitrations, and if so, whether the same or different arbitrators have been confirmed;(b)all of the claims in the arbitrations are made under the same arbitration agreement; or(c)the claims are under more than one arbitration agreement, a common question of law or fact arises in both or all of the arbitrations, the rights to relief claimed are in respect of, or arise out of the same transaction or series of transactions, and the tribunal finds the arbitration to be compatible.A Request for Consolidation shall include—(a)the names and addresses, telephone numbers, and email addresses of each of the parties to the arbitrations, their counsel and any arbitrators who have been appointed confirmed in the arbitrations;(b)a request that arbitrations be consolidated;(c)a copy of the arbitration agreement(s) giving rise to the arbitrations;(d)a reference to the contract(s) or other legal instrument(s) out of or in relation to which the Request arises;(e)a description of the general nature of the claim and an indication of the amount involved, if any, in each of the arbitrations;(f)a statement of the facts supporting the Request (including, where applicable, evidence of all parties' written consent to consolidate the arbitrations);(h)the legal arguments supporting the Request;(i)the relief or remedy sought;(j)comments on the appointment of the arbitral tribunal if the Request is granted, including whether to preserve the appointment of any already appointed or confirmed arbitrators; and(k)confirmation that copies of the Request and any exhibits included therewith have been or are being served simultaneously on all other relevant parties and any appointed or confirmed arbitrators.The Request for Consolidation shall not be rendered incompetent by any controversy with respect to the sufficiency of its contents as set out in Article 32(2). Any such controversy shall be finally resolved by the arbitral tribunal.Article 32 – Effect of consolidation
Where the arbitral tribunal decides to consolidate two or more arbitral proceedings, the arbitral proceedings shall be consolidated into the arbitral proceedings that commenced first, unless all parties agree, or the arbitral tribunal decides otherwise taking into account the circumstances of the case.The consolidation of two or more arbitral proceedings is without prejudice to the validity of any act done or order made by a Court in support of the relevant arbitral proceedings before it was consolidated.Where the arbitral tribunal decides to consolidate two or more arbitrations, the parties to all such arbitrations shall appoint the arbitral tribunal in respect of the consolidated proceedings.Where any arbitrator ceases to act under this Article, it shall be without prejudice to—(a)the validity of any act done or order made by that arbitrator before his appointment ceased;(b)the arbitrator's entitlement to fees and expenses; and(c)the date when any claim or defence was raised for the purpose of applying any Statute of Limitation or any similar rule or provision.The parties shall not object to the validity and/or enforcement of any award made by the arbitral tribunal in the consolidated proceedings.Article 33 – Request to join a third party
An existing party to the arbitral proceedings wishing to join an additional party to the arbitration shall submit a Request for Joinder to the arbitral tribunal. The arbitral tribunal may fix a time limit for the submission of a Request for Joinder.The Request for Joinder shall include the following—(a)the names and addresses, telephone numbers, and email addresses of each of the parties in the existing arbitration, and the additional party;(b)a request that the additional party be joined to the arbitration;(c)a reference to the contract(s) or other legal instrument(s) out of or in relation to which the request arises;(d)a statement of the facts supporting the request;(f)the legal arguments supporting the request;(g)the relief or remedy sought; and(h)confirmation that copies of the Request for Joinder and any exhibits included therewith have been or are being served simultaneously on all other parties and the tribunal.The Request for Joinder shall not be rendered incompetent by any controversy with respect to the sufficiency of its contents as set out in Article 33(2). Any such controversy shall be finally resolved by the arbitral tribunal.Article 34 – Answer to Request for Joinder by a third party
The additional party, to whom a Request for Joinder is addressed, shall submit to the tribunal an Answer to the Request for Joinder within fifteen (15) days of the receipt of the Request for Joinder.The Answer to the Request for Joinder shall include the following—(a)the name, address, telephone numbers, and email address of the additional party and its counsel if different from the description contained in the Request for Joinder;(b)any plea that the Arbitral tribunal has been improperly constituted or lacks jurisdiction over the additional party;(c)the additional party's comments on the particulars set forth in the Request for Joinder;(d)the additional party's answer to the relief or remedy sought in the Request for Joinder;(e)details of any claims by the additional party against any other party to the arbitration;(f)confirmation that copies of the Answer to the Request for Joinder and any exhibits included therewith have been or are being served simultaneously on all other parties and the arbitral tribunal.Article 35 – Request by a third party to join the arbitration
A third party wishing to be joined as an additional party to the arbitration shall submit a Request for Joinder to the arbitral tribunal. The provisions of Article 34 shall apply to such Request for Joinder.Article 36 – Comments on the Request for Joinder by existing parties to the arbitration
The other parties to the arbitration shall submit their comments on the Request for Joinder to the arbitral tribunal within 15 days of receiving a Request for Joinder pursuant to Article 34 or 36 and such comments may include but are not limited to the following particulars—(a)any plea that the arbitral tribunal lacks jurisdiction over the additional party;(b)comments on the particulars set forth in the Request for Joinder;(c)answer to the relief or remedy sought in the Request for Joinder;(d)details of any claims against the additional party; and(e)confirmation that copies of the comments have been or are being served simultaneously on all other parties and the tribunal.Article 37 – General provisions on Joinder
Where an additional party is joined to the arbitration, the date on which the Request for Joinder is received by the arbitral tribunal shall be deemed to be the date on which the arbitration in respect of the additional party commences.The parties waive any objection, on basis of any decision to join an additional party to the arbitration, to the validity and/or enforcement of any award made by the arbitral tribunal in the arbitration.Article 38 – Closure of hearings
The arbitral tribunal may inquire of the parties if they have any further proof to offer or witnesses to be heard or submissions to make and, if there are none, it may declare the hearings closed.The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own initiative or upon application of a party, to reopen the hearings at any time before the award is made.Article 39 – Waiver of right to object
A failure by any party to object promptly to any non-compliance with these Rules or with any requirement of the arbitration agreement shall be deemed to be a waiver of the right of such party to make such an objection, unless such party can show that, under the circumstances, its failure to object was justified.Section IV. The award
Article 40 – Decisions
When there are three arbitrators, any award or other decision of the arbitral tribunal shall be made by a majority of the arbitral tribunal.In the case of questions of procedure, when there is no majority or when the arbitral tribunal so authorises, the presiding arbitrator may decide alone, subject to revision, if any, by the arbitral tribunal.Article 41 – Form and effect of the award
The arbitral tribunal may make separate awards on different issues at different times.All awards shall be made in writing and shall be final and binding on the parties. The parties undertake to carry out the award without delay.The arbitral tribunal shall state the reasons upon which the award is based, unless the parties have agreed that no reasons are to be given.An award shall be signed by the arbitrators and it shall contain the date on which the award was made and indicate the seat of arbitration. Where there is more than one arbitrator and any of them fails to sign, the award shall state the reason for the absence of the signature.The award may be made public only with the consent of all parties or where and to the extent disclosure is required of a party by legal duty, to protect or pursue a legal right or in relation to legal proceedings before a Court or other competent authority.Copies of the award signed by the arbitrators shall be communicated to the parties by the arbitral tribunal.Article 42 – Applicable law, amiable compositeur
The arbitral tribunal shall apply the rules law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the arbitral tribunal shall apply the law which it determines to be appropriate.The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorised the arbitral tribunal to do so.In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract, if any, and shall take into account any usage of trade applicable to the transaction.Article 43 – Settlement or other grounds for termination
If, before the award is made, the parties agree on a settlement of the dispute, the arbitral tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by both parties and accepted by the tribunal, record the settlement in the form of an arbitral award on agreed terms. The arbitral tribunal is not obliged to give reasons for such an award.If, before the award is made, the continuation of the arbitral proceedings becomes unnecessary or impossible for any reasons not mentioned in paragraph 1, the arbitral tribunal shall inform the parties of its intention to issue an order for the termination of the proceedings. The arbitral tribunal shall have the power to issue such an order unless there are remaining matters that may need to be decided and the arbitral tribunal considers it appropriate to do so.Copies of the order for termination of the arbitral proceedings or of the arbitral award on agreed terms, signed by the arbitrators, shall be communicated by the arbitral tribunal to the parties. Where an arbitral award on agreed terms is made, the provisions of Article 35, paragraphs 2,4 and 6, shall apply.Article 44 – Interpretation of the award
Within thirty days after the receipt of the award, a party, with notice to the other parties, may request that the arbitral tribunal give an interpretation of the award.The interpretation shall be given in writing within forty-five days after the receipt of the request. The interpretation shall form part of the award and the provisions of Article 35, paragraphs 2 to 6, shall apply.Article 45 – Correction of the award
Within thirty days after the receipt of the award, a party, with notice to other parties, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical error, or any error of similar nature. If the arbitral tribunal considers that the request is justified, it shall make the correction within forty-five days of receipt of the request.The arbitral tribunal may within thirty days after the communication of the award make such corrections on its own initiative.Such corrections shall be in writing and shall form part of the award. The provisions of Article 35, paragraphs 2 to 6, shall apply.Article 46 – Additional award
Within thirty days after the receipt of the termination order of the award, a party, with notice to the other parties, may request the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but not decided by the arbitral tribunal.If the arbitral tribunal considers the request for an award or additional award to be justified, it shall render or complete its awards within sixty days after the receipt of the request. The arbitral tribunal may extend, if necessary, the period of time within which it shall make the award.3.When an award or additional award is made, the provisions of Article 35, paragraphs 2 to 6, shall apply.Article 47 – Definition of costs
The arbitral tribunal shall fix the costs of arbitration in the final award and. if it deems appropriate, in another decision.The term "costs" includes only—(a)The fees of the arbitral tribunal to be stated separately as to each arbitrator and to be fixed by the tribunal itself in accordance with Article 42;(b)The reasonable travel and other expenses incurred by the arbitrators;(c)The reasonable costs of expert advice and of other assistance required by the arbitral tribunal;(d)The reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal;(e)The legal and other costs incurred by the parties in relation to the arbitration to the extent that the arbitral tribunal determines that the amount of such costs is reasonable;(f)The cost of third-party funding;In relation to interpretation, correction or completion of any award under Articles 38 to 40, the arbitral tribunal may charge the costs referred to in paragraphs 2 (b) to (f), but no additional fees.Article 48 – Fees and expenses of arbitrators
The fees and expenses of the arbitrators shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subject matter, the time spent by the arbitrators and any other relevant circumstances of the case.If there is an appointing authority and it applies or has stated that it will apply a schedule or particular method for determining the fees for arbitrators in international cases, the arbitral tribunal in fixing its fees shall take that schedule or method into account to the extent that it considers appropriate in the circumstances of the case.Promptly after its constitution, the arbitral tribunal shall inform the parties as to how it proposes to determine its fees and expenses, including any rates it intends to apply. Within fifteen days of receiving that proposal, any party may refer the proposal to the appointing authority for review. If, within forty-five days of receipt of such a referral, the appointing authority finds that the proposal of the arbitral tribunal is inconsistent with paragraph 1, it shall make any necessary adjustments thereto, which shall be binding upon the arbitral tribunal.Article 49 – Allocation of costs
The costs of the arbitration shall in principle be borne by the unsuccessful party or parties. The arbitral tribunal may however apportion each of such costs between the parties if it determines that apportionment is reasonable, taking into accountthe circumstances of the case.The arbitral tribunal shall in the final award or, if it deems appropriate, in any other award, determine any amount that a party may have to pay to another party as aresult of the decision on allocation of costs.Article 50 – Deposit of costs
The arbitral tribunal, on its establishment, may request the parties to deposit an equal amount as an advance for the costs referred to in Article 41, paragraphs 2(a) to (c).During the course of the arbitral proceedings, the arbitral tribunal may request supplementary deposits from the parties.If an appointing authority has been agreed upon or designated, and when a party so requests and the appointing authority consents to perform the function, the arbitral tribunal shall fix the amounts of any deposits or supplementary deposits only after consultation with the appointing authority, which may make any comments to the arbitral tribunal that it deems appropriate concerning the amount of such deposits and supplementary deposits.If the required deposits are not paid in full within thirty days after the receipt of the requests, the arbitral tribunal shall so inform the parties, in order that one or more of them may make the required payment. If such payment is not made, the arbitral tribunal may order the suspension or termination of the arbitral proceedings.After the award has been made, the arbitral tribunal shall render an account to the parties of the deposits received and return any unexpended balance to the parties.Second Schedule (Section 67)
Convention on the recognition and enforcement of foreign arbitral awards June 10, 1958
Article I
1.This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of difference between persons, whether physical or legal. It shall also apply to arbitral awards not considered as domestic awards in the state where their recognition and enforcement are sought.2.The terms "arbitral awards" shall include not only awards made by arbitrator, appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted.3.When signing, ratifying or acceding to this Convention, or notifying extension under Article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships whether contractual or not, which are considered as commercial under the national law of the State making such declaration.Article II
1.Each Contracting State shall recognise an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration.2.The term "agreement in writing" shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.3.The Court of a Contracting State, when seised of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.Article III
Each Contracting State shall recognise arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles. There shall not be imposed substantially more onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are imposed on the recognition or enforcement of domestic arbitral awards.Article IV
1.To obtain the recognition and enforcement mentioned in the preceding article, the party applying for recognition and enforcement shall, at the time of the application, supply—(a)the duly authenticated original award or a duly certified copy thereof; and(b)the original agreement referred to in Article II or a duly certified copy thereof.2.If the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent.Article V
1.Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that—(a)the parties to the agreement referred to in Article II were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing an indication thereon under the law of the country where the award was made;(b)the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case;(c)the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced;(d)the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or(e)the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.2.Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that—(a)the subject matter of the difference is not capable of settlement by arbitration under the law of that country; or(b)the recognition or enforcement of the award would be contrary to the public policy of that country.Article VI
If an application for the setting aside or suspension of the award has been made to a competent authority referred to in Article V paragraph (1) (e), the authority before which the award is sought to be relied upon may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security.Article VII
1.The provisions of the present Convention shall not affect the validity of multilateral or bilateral agreements concerning the recognition and enforcement of arbitral awards entered into by the Contracting States nor deprive any interested party of any right he may have to avail himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award is sought to be relied upon.2.The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention of the Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becoming bound and to the extent that they become bound, by this Convention.Article VIII
1.This Convention shall be open until 31 December 1958 for signature on behalf of any member of the United Nations and also on behalf of any other State which is or hereafter becomes a member of any specialised agency of the United Nations, or which is or hereafter becomes a party to the Statute of the International Court of Justice, or any other State to which an invitation has been addressed by the General Assembly of the United Nations.2.This Convention shall be ratified and the instrument of ratification shall be deposited with the Secretary-General of the United Nations.Article IX
1.This Convention shall be open for accession to all States referred to in Article VIII.2.Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.Article X
1.A State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned.2.At any time thereafter, any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.3.With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the governments of such territories.Article XI
1.In the case of a Federal or non-unitary State, the following provisions shall apply—(a)with respect to those Articles of this Convention that come within the legislative jurisdiction of the federal authority, the obligations of the federal government shall to this extent be the same as those of Contracting States which are not federal states;(b)with respect to those Articles of this Convention that come within the legislative jurisdiction of constituent states or provinces which are not, under the constitutional system of the federation, bound to take legislative action, the federal government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of constituent states or provinces at the earliest possible moment;(c)a federal state party to this Convention shall, at the request of any other contracting state transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the federation and its constituent units in regard to any particular provisions of this Convention, showing the extent to which effect has been given to that provision by legislative or other action.Article XII
1.This Convention shall come into force on the ninetieth day following the date of deposit of the third instrument of ratification or accession.2.For each State ratifying or acceding to this Convention after the deposit of the third instrument of ratification or accession, this Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession.Article XIII
1.A contracting State may denounce this Convention by a written notification to the Secretary-General of the United Nations-Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.2.A State which has made a declaration or notification under Article X may, at any time thereafter, by notification to the Secretary-General of the United Nations, declare that this Convention shall cease to extend to the territory concerned one year after the date of the receipt of the notification by the Secretary-General.3.This Convention shall continue to be applicable to arbitral awards in respect of which recognition or enforcement proceedings have been instituted before the denunciation takes effect.Article XIV
A Contracting State shall not be entitled to avail itself of the present Convention against other Contracting States except to the extent that it is itself, bound to apply the Convention.Article XV
1.The Secretary-General of the United Nations shall notify the States contemplated in Article VIII of the following—(a)signature and ratifications in accordance with Article VIII;(b)accessions in accordance with Article IX;(d)declarations and notifications under Articles I, X and XI;(e)the date upon which this Convention enters into force in accordance with Article XII;(f)denunciations and notifications in accordance with Article XIII.Article XVI
1.This Convention, of which the Chinese, English, French and Spanish texts should be equally authentic, shall be deposited in the archives of the United Nations.2.The Secretary-General of the United Nations shall transmit a certified copy of this Convention to the States contemplated in Article VIII.Third Schedule
Arbitration proceedings rules
1. Scope of application
1.These rules shall apply to all arbitration related applications filed before the Sierra Leone Court on or after the date of commencement of the Arbitration Act.2.The rules of procedure in civil matters for the time in force in the High Courts, Courts of Appeal and the Supreme Court shall apply to arbitration application and arbitration appeals only in respect of such matters and to such extent as provision has not been expressly made in these rules.2. Interpretation
Applications to which these Rules apply are—(a)to revoke an arbitration agreement;(c)to determine the challenge of an arbitrator;(d)to appoint, remove or substitute an emergency arbitrator;(e)to grant interim measures of protection;(f)to recognize or enforce an interim measure of protection;(g)to refuse recognition or enforcement of an interim measure of protection;(h)to subpoena a witness to attend proceedings;(i)in respect of the fees of an arbitrator;(j)to set aside an award;(k)to recognise and enforce an award; and(l)to refuse recognition and enforcement of an award.3. Commencing an application
(1)Except where sub-rules 2 and 3 of this Rule applies, an arbitration application shall be started by the issue of an Originating Motion.(2)An application to stay legal proceedings shall be made by notice of motion to the court seised of those proceedings.(3)An application for the appointment, challenge or replacement of an emergency arbitrator; or to fix the seat of the emergency relief proceedings, shall be contained in a written communication addressed to the appropriate Court.4. Hearings
The Court may order that an arbitration application or claim related to arbitration be heard either in public or in private.5. Enforcement of arbitration awards and interim measures of protection
(1)An application to enforce an award or an interim measure of protection in the same manner as a judgement or order shall be made by Originating Notice of Motion.(2)The supporting affidavit shall—(a)exhibit the arbitration agreement and the original award or decision containing the interim measure of protection, or in either case certified copies of each;(b)state the name and the usual or last known place of abode or business of the applicant and the person against whom it is sought to enforce the award or interim measure of protection;(c)state, as the case may require, either that the award or interim measure of protection has not been complied with or the extent to which it has not been complied with at the date of the application.6. Case management
(1)The following rules apply unless the Court orders otherwise.(2)All Arbitration related cases shall be given expedited hearing and considered as urgent matters and can be heard by designated judges or courts.(3)A defendant who does not contest any of or all the remedies claimed may file a notice stating such fact, and a Court or Judge in chambers may grant such uncontested remedy or remedies without an oral hearing.(4)The time limit for hearing Arbitration related proceedings (Fast Track) shall be as follows—(a)Application for preservative orders or interim reliefs shall be determined within 30 days from the date of filing;(b)Application for appointment of arbitrator, where parties or party appointed arbitrators fail to agree on appointment of arbitrators or the chair of the tribunal shall be determined within 30 days;(c)Application relating to compelling witnesses, production of documents and other procedural matters shall be determined within 30 days;(d)Applications for annulment or recognition and enforcement of awards shall be determined within 60 days;(e)An appeal from a decision of the High Court to the Court of Appeal in an arbitration related matter shall be heard and determined within 45 days from the date of the judgement of the High Court;(f)An appeal from a decision of the Court of Appeal to the Supreme Court in an Arbitration related matter shall be heard and determined within 90 days from the date of the judgement of the Court of Appeal.(f)An appeal from a decision of the Court of Appeal to the Supreme Court in an Arbitration related matter shall be heard and determined within 90 days from the date of the judgement of the Court of Appeal.7. Costs
The rules of the High Court, Court of Appeal and the Supreme Court for the time being in force shall apply in relation to costs in all arbitration applications and arbitrating appeals, so however that the term "costs" shall include—(a)all expenses actually incurred by the successful party, including his travel expenses and the travel and other expenses of his witnesses;(b)the costs for legal representation of the successful party, to the extent that the court or a taxing officer considers that such costs are reasonable.8. Establishment of specialist arbitration list and judicial training
The Court will assign arbitration-related cases to a specialist list and will designate particular judges to deal with cases on the list.The Court will work with designated arbitration and ADR institutions to establish and implement a training curriculum for judges assigned to deal with the specialist lists.In this Rules, the phrase "arbitration-related" cases refer to the proceedings for or in relation to the following remedies, as may be provided for by law, i.e. proceedings—(a)to remove an arbitrator or umpire;(b)to grant interim measures of protection;(c)to recognize or enforce an interim measure of protection;(d)to refuse recognition or enforcement of an interim measure of protection;(e)to subpoena a witness to attend and give evidence in arbitral proceedings;(f)in respect of the fees of an arbitrator;(g)to set aside an award;(h)to recognize and enforce an award;(i)to refuse recognition and enforcement of an award, and(j)for any other relief or remedy as is provided for by law.9. Conduct of arbitration-related cases with Online Court Hearing
An arbitration-related case may be conducted virtually through Oral Court Hearing except where a party establishes to the satisfaction of the Court that—(a)the case is not suitable for Oral Court Hearing because the case requires oral evidence, or(b)the Court will be assisted by physical hearing.2.If the Court finds that there is merit in such contention, the court may direct that:(a)the case should be determined exclusively by physical hearing; or(b)the case should be determined on a hybrid Oral Court Hearing physical hearing basis.3.In this Rule, Oral Court Hearing includes—(a)e-filing, online applications/appending case files(b)e-payments and costs calculator(c)e-tracking of proceedings(d)making legal submissions online(e)online interaction between court and parties(f)receiving decisions online4.In conducting Oral Court Hearing, the Court may adopt or apply the Africa Arbitration Academy Protocol on Virtual Hearings in Africa 2020, which is incorporated and forms part of these Rules.10. Order to provide security
Where a party applies to set aside an arbitral award, a court may, at the instance of the beneficiary of the award, direct the applicant to provide security for the value of the award or for such other sum as the court may consider appropriate, and in such manner and on such other terms as the court may consider appropriate.When determining an application for security, a court shall take into consideration:(a)the length of time between the date of the application to set the award aside and the date of the application for security and(b)whether any act or omission of the party applying to set aside the award has caused or contributed to any delay in the hearing schedule.Fourth Schedule
The Convention on the Settlement of Investment Disputes between States and Nationals of other States, which Sierra Leone signed and ratified on 27th September 1965 and 2nd August 1966 respectively, with the Convention coming into force on 14th October 1966.
Convention on the settlement of investment disputes between States and nationals of other States
PreambleThe Contracting States Considering the need for international cooperation for economic development, and the role of private international investment therein;Bearing in mind the possibility that from time to time disputes rnay arise in connection with such investment between Contracting States and nationals of other Contracting States;Recognizing that while such disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases; Attaching particular importance to the availability of facilities for international conciliation or arbitration to which Contracting States and nationals of other Contracting States may submit such disputes if they so desire;Desiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development;Recognizing that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with; andDeclaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration,Have agreed as follows:Chapter I
International Centre for Settlement of Investment Disputes
Section 1. Establishment and organization
Article 1
(1)There is hereby established the International Centre for Settlement of Investment Disputes (hereinafter called the Centre).(2)The purpose of the Centre shall be to provide facilities for conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States in accordance with the provisions of this Convention.Article 2
The seat of the Centre shall be at the principal office of the International Bank for Reconstruction and Development (hereinafter calledthe Bank). The seat may be moved to another place by decision of the Administrative Council adopted by a majority of two-thirds of its members.Article 3
The Centre shall have an Administrative Council and a Secretariat and shall maintain a Panel of Conciliators and a Panel of Arbitrators.Section 2. The Administrative Council
Article 4
(1)The Administrative Council shall be composed of one representative of each Contracting State. An alternate may act as representative in case of his principal's absence from a meeting or inability to act.(2)In the absence of a contrary designation, each governor and alternate governor of the Bank appointed by a Contracting State shall be ex officio its representative and its alternate respectively.Article 5
The President of the Bank shall be ex officio Chairman of the Administrative Council (hereinafter called the Chairman) but shall have no vote. During his absence or inability to act and during any vacancy in the office of President of the Bank, the person for the time being acting as President shall act as Chairman of the Administrative Council.Article 6
(1)Without prejudice to the powers and functions vested in it by other provisions of this Convention, the Administrative Council shall:(a)adopt the administrative and financial regulations of the Centre;(b)adopt the rules of procedure for the institution of conciliation and arbitration proceedings;(c)adopt the rules of procedure for conciliation and arbitration proceedings (hereinafter called the Conciliation Rules and the Arbitration Rules);(d)approve arrangements with the Bank for the use of the Bank's administrative facilities and services;(e)determine the conditions of service of the Secretary-General and of any Deputy Secretary-General;(f)adopt the annual budget, of revenues and expenditures of the Centre;(g)approve the annual report on the operation of the Centre.The decisions referred to in sub-paragraphs (a), (b), (c) and (f) above shall be adopted by a majority of two-thirds of the members of the Administrative Council.(2)The Administrative Council may appoint such committees as it considers necessary.(3)The Administrative Council shall also exercise such other powers and perform such other functions as it shall determine to be necessary for the implementation of the provisions of this Convention.Article 7
(1)The Administrative Council shall hold an annual meeting and such other meetings as may be determined by the Council, or convened by the Chairman, or convened by the Secretary-General at the request of not less than five members of the Council.(2)Each member of the Administrative Council shall have one vote and, except as otherwise herein provided, all matters before the Council shall be decided by a majority of the votes cast.(3)A quorum for any meeting of the Administrative Council shall be a majority of its members.(4)The Administrative Council may establish, by a majority of two-thirds of its members, a procedure whereby the Chairman may seek a vote of the Council without convening a meeting of the Council.The vote shall be considered valid only if the majority of the members of the Council cast their votes within the time limit fixed by the said procedure.Article 8
Members of the Administrative Council and the Chairman shall serve without remuneration from the Centre.Section 3. The Secretariat
Article 9
The Secretariat shall consist of a Secretary-General, one or more Deputy Secretaries-General and staff.Article 10
(1)The Secretary-General and any Deputy Secretary-General shall be elected by the Administrative Council by a majority of two-thirds of its members upon the nomination of the Chairman for a term of service not exceeding six years and shall be eligible for re-election. After consulting the members of the Administrative Council, the Chairman shall propose one or more candidates for each such office.(2)The offices of Secretary-General and Deputy Secretary-General shall be incompatible with the exercise of any political function. Neither the Secretary-General nor any Deputy Secretary-General may hold any other employment or engage in any other occupation except with the approval of the Administrative Council.(3)During the Secretary-General's absence or inability to act, and during any vacancy of the office of Secretary-General, the Deputy Secretary-General shall act as Secretary-General. If there shall be more than one Deputy Secretary-General, the Administrative Council shall determine in advance the order in which they shall act as Secretary-General.Article 11
The Secretary-General shall be the legal representative and the principal officer of the Centre and shall be responsible for its administration, including the appointment of staff, in accordance with the provisions of this Convention and the rules adopted by the Administrative Council. He shall perform the function of registrar and shall have the power to authenticate arbitral awards rendered pursuant to this Convention, and to certify copies thereof.Section 4. The Panels
Article 12
The Panel of Conciliators and the Panel of Arbitrators shall each consist of qualified persons, designated as hereinafter provided, who are willing to serve thereon.Article 13
(1)Each Contracting State may designate to each Panel four persons who may but need not be its nationals.(2)The Chairman may designate ten persons to each Panel. The persons so designated to a Panel shall each have a different nationality.Article 14
(1)Persons designated to serve on the Panels shall be persons of high moral character and recognized competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgment. Competence in the field of law shall be of particular importance in the case of persons on the Panel of Arbitrators.(2)The Chairman, in designating persons to serve on the Panels, shall in addition pay due regard to the importance of assuring representation on the Panels of the principal legal systems of the world and of the main forms of economic activity.Article 15
(1)Panel members shall serve for renewable periods of six years.(2)In case of death or resignation of a member of a Panel, the authority which designated the member shall have the right to designate another person to serve for the remainder of that member's term.(3)Panel members shall continue in office until their successors have been designated.Article 16
(1)A person may serve on both Panels.(2)If a person shall have been designated to serve on the same Panel by more than one Contracting State, or by one or more Contracting States and the Chairman, he shall be deemed to have been designated by the authority which first designated him or, if one such authority is the State of which he is a national, by that State.(3)All designations shall be notified to the Secretary-General and shall take effect from the date on which the notification is received.Section 5. Financing the Centre
Article 17
If the expenditure of the Centre cannot be met out of charges for the use of its facilities, or out of other receipts, the excess shall be borne by Contracting States which are members of the Bank in proportion to their respective subscriptions to the capital stock of the Bank, and by Contracting States which are not members of the Bank in accordance with rules adopted by the Administrative Council.Section 6. Status, immunities and privileges
Article 18
The Centre shall have full international legal personality. The legal capacity of the Centre shall include the capacity—(b)to acquire and dispose of movable and immovable property;(c)to institute legal proceedings.Article 19
To enable the Centre to fulfil its functions, it shall enjoy in the territories of each Contracting State the immunities and privileges set forth in this Section.Article 20
The Centre, its property and assets shall enjoy immunity from all legal process, except when the Centre waives this immunity.Article 21
The Chairman, the members of the Administrative Council, persons acting as conciliators or arbitrators or members of a Committee appointed pursuant to paragraph (3) of Article 52, and the officers and employees of the Secretariat—(a)shall enjoy immunity from legal process with respect to acts performed by them in the exercise of their functions, except when the Centre waives this immunity;(b)not being local nationals, shall enjoy the same immunities from immigration restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect of travelling facilities as are accorded by Contracting States to the representatives, officials and employees of comparable rank of other Contracting States.Article 22
The provisions of Article 21 shall apply to persons appearing in proceedings under this Convention as parties, agents, counsel, advocates, witnesses or experts; provided, however, that sub-paragraph (b) thereof shall apply only in connection with their travel to and from, and their stay at, the place where the proceedings are held.Article 23
(1)The archives of the Centre shall be inviolable, wherever they may be.(2)With regard to its official communications, the Centre shall be accorded by each Contracting State treatment not less favourable than that accorded to other international organizations.Article 24
(1)The Centre, its assets, property and income, and its operations and transactions authorized by this Convention shall be exempt from all taxation and customs duties. The Centre shall also be exempt from liability for the collection or payment of any taxes or customs duties.(2)Except in the case of local nationals, no tax shall be levied on or in respect of expense allowances paid by the Centre to the Chairman or members of the Administrative Council, or on or in respect of salaries, expense allowances or other emoluments paid by the Centre to officials or employees of the Secretariat.(3)No tax shall be levied on or in respect of fees or expense allowances received by persons acting as conciliators, or arbitrators, or members of a Committee appointed pursuant to paragraph (3) of Article 52, in proceedings under this Convention, if the sole jurisdictional basis for such tax is the location of the Centre or the place where such proceedings are conducted or the place where such fees or allowances are paid.Chapter II
Jurisdiction of the Centre
Article 25
(1)The jurisdiction of the Centre shall extend to any legal dispute arising directly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Centre by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Centre. When the parties have given their consent, no party may withdraw its consent unilaterally.(2)"National of another Contracting State" means—(a)any natural person who had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration as well as on the date on which the request was registered pursuant to paragraph (3) of Article 28 or paragraph (3) of Article 36, but does not include any person who on either date also had the nationality of the Contracting State party to the dispute; and(b)any juridical person which had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration and any juridical person which had the nationality of the Contracting State party to the dispute on that date and which, because of foreign control, the parties have agreed should be treated as a national of another Contracting State for the purposes of this Convention.(3)Consent by a constituent subdivision or agency of a Contracting State shall require the approval of that State unless that State notifies the Centre that no such approval is required.(4)Any Contracting State may, at the time of ratification, acceptance or approval of this Convention or at any time thereafter, notify the Centre of the class or classes of disputes which it would or would not consider submitting to the jurisdiction of the Centre. The Secretary-General shall forthwith transmit such notification to all Contracting States. Such notification shall not constitute the consent required by paragraph (1).Article 26
Consent of the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent to such arbitration to the exclusion of any other remedy. A Contracting State may require the exhaustion of local administrative or judicial remedies as a condition of its consent to arbitration under this Convention.Article 27
(1)No Contracting State shall give diplomatic protection, or bring an international claim, in respect of a dispute which one of its nationals and another Contracting State shall have consented to submit or shall have submitted to arbitration under this Convention, unless such other Contracting State shall have failed to abide by and comply with the award rendered in such dispute.(2)Diplomatic protection, for the purposes of paragraph (1), shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the dispute.Chapter III
Conciliation
Section 1. Request for conciliation
Article 28
(1)Any Contracting State or any national of a Contracting State wishing to institute conciliation proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.(2)The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to conciliation in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings.(3)The Secretary-General shall register the request unless he finds, on the basis of the information contained in the request, that the dispute is manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parties of registration or refusal to register.Section 2. Constitution of the Conciliation Commission
Article 29
(1)The Conciliation Commission (hereinafter called the Commission) shall be constituted as soon as possible after registration of a request pursuant to Article 28.(2)(a)The Commission shall consist of a sole conciliator or any uneven number of conciliators appointed as the parties shall agree.(b)Where the parties do not agree upon the number of conciliators and the method of their appointment, the Commission shall consist of three conciliators, one conciliator appointed by each party and the third, who shall be the president of the Commission, appointed by agreement of the parties.Article 30
If the Commission shall not have been constituted within 90 days after notice of registration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 28, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the conciliator or conciliators not yet appointed.Article 31
(1)Conciliators may be appointed from outside the Panel of Conciliators, except in the case of appointments by the Chairman pursuant to Article 30.(2)Conciliators appointed from outside the Panel of Conciliators shall possess the qualities stated in paragraph (1) of Article 14.Section 3. Conciliation proceedings
Article 32
(1)The Commission shall be the judge of its own competence.(2)Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Commission, shall be considered by the Commission which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute.Article 33
Any conciliation proceeding shall be conducted in accordance with the provisions of this Section and, except as the parties otherwise agree, in accordance with the Conciliation Rules in effect on the date on which the parties consented to conciliation. If any question of procedure arises which is not covered by this Section or the Conciliation Rules or any rules agreed by the parties, the Commission shall decide the question.Article 34
(1)It shall be the duty of the Commission to clarify the issues in dispute between the parties and to endeavour to bring about agreement between them upon mutually acceptable terms. To that end, the Commission may at any stage of the proceedings and from time to time recommend terms of settlement to the parties. The parties shall cooperate in good faith with the Commission in order to enable the Commission to carry out its functions, and shall give their most serious consideration to its recommendations.(2)If the parties reach agreement, the Commission shall draw up a report noting the issues in dispute and recording that the parties have reached agreement. If, at any stage of the proceedings, it appears to the Commission that there is no likelihood of agreement between the parties, it shall close the proceedings and shall draw up a report noting the submission of the dispute and recording the failure of the parties to reach agreement. If one party fails to appear or participate in the proceedings, the Commission shall close the proceedings and shall draw up a report noting that party's failure to appear or participate.Article 35
Except as the parties to the dispute shall otherwise agree, neither party to a conciliation proceeding shall be entitled in any other proceeding, whether before arbitrators or in a court of law or otherwise, to invoke or rely on any views expressed or statements or admissions or offers of settlement made by the other party in the conciliation proceedings, or the report or any recommendations made by the Commission.Chapter IV
Arbitration
Section 1. Request for arbitration
Article 36
(1)Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.(2)The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to arbitration in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings.(3)The Secretary-General shall register the request unless he finds, on the basis of the information contained in the request, that the dispute is manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parties of registration or refusal to register.Section 2. Constitution of the Tribunal
Article 37
(1)The Arbitral Tribunal (hereinafter called the Tribunal) shall be constituted as soon as possible after registration of a request pursuant to Article 36.(2)(a)The Tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree.(b)Where the parties do not agree upon the number of arbitrators and the method of their appointment, the Tribunal shall consist of three arbitrators, one arbitrator appointed by each party and the third, who shall be the president of the Tribunal, appointed by agreement of the parties.Article 38
If the Tribunal shall not have been constituted within 90 days after notice of registration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 36, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the arbitrator or arbitrators not yet appointed. Arbitrators appointed by the Chairman pursuant to this Article shall not be nationals of the Contracting State party to the dispute or of the Contracting State whose national is a party to the dispute.Article 39
The majority of the arbitrators shall be nationals of States other than the Contracting State party to the dispute and the Contracting State whose national is a party to the dispute; provided, however, that the foregoing provisions of this Article shall not apply if the sole arbitrator or each individual member of the Tribunal has been appointed by agreement of the parties.Article 40
(1)Arbitrators may be appointed from outside the Panel of Arbitrators, except in the case of appointments by the Chairman pursuant to Article 38.(2)Arbitrators appointed from outside the Panel of Arbitrators shall possess the qualities stated in paragraph (1) of Article 14.Section 3. Powers and functions of the Tribunal
Article 41
(1)The Tribunal shall be the judge of its own competence.(2)Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Tribunal, shall be considered by the Tribunal which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute.Article 42
(1)The Tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. In the absence of such agreement, the Tribunal shall apply the law of the Contracting State party to the dispute (including its rules on the conflict of laws) and such rules of international law as may be applicable.(2)The Tribunal may not bring in a finding of non liquet on the ground of silence or obscurity of the law.(3)The provisions of paragraphs (1) and (2) shall not prejudice the power of the Tribunal to decide a dispute ex aequo et bono if the parties so agree.Section 4. The Award
Article 48
(1)The Tribunal shall decide questions by a majority of the votes of all its members.(2)The award of the Tribunal shall be in writing and shall be signed by the members of the Tribunal who voted for it.(3)The award shall deal with every question submitted to the Tribunal, and shall state the reasons upon which it is based.(4)Any member of the Tribunal may attach his individual opinion to the award, whether he dissents from the majority or not, or a statement of his dissent.(5)The Centre shall not publish the award without the consent of the parties.Article 49
(1)The Secretary-General shall promptly dispatch certified copies of the award to the parties. The award shall be deemed to have been rendered on the date on which the certified copies were dispatched.(2)The Tribunal upon the request of a party made within 45 days after the date on which the award was rendered may after notice to the other party decide any question which it had omitted to decide in the award, and shall rectify any clerical, arithmetical or similar error in the award. Its decision shall become part of the award and shall be notified to the parties in the same manner as the award. The periods of time provided for under paragraph (2) of Article 51 and paragraph (2) of Article 52 shall run from the date on which the decision was rendered.Section 5. Interpretation, revision and annulment of the Award
Article 50
(1)If any dispute shall arise between the parties as to the meaning or scope of an award, either party may request interpretation of the award by an application in writing addressed to the Secretary-General.(2)The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with Section 2 of this Chapter. The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision.Article 51
(1)Either party may request revision of the award by an application in writing addressed to the Secretary-General on the ground of discovery of some fact of such a nature as decisively to affect the award, provided that when the award was rendered that fact was unknown to the Tribunal and to the applicant and that the applicant's ignorance of that fact was not due to negligence.(2)The application shall be made within 90 days after the discovery of such fact and in any event within three years after the date on which the award was rendered.(3)The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with Section 2 of this Chapter.(4)The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Tribunal rules on such request.Article 52
(1)Either party may request annulment of the award by an application in writing addressed to the Secretary-General on one or more of the following grounds—(a)that the Tribunal was not properly constituted;(b)that the Tribunal has manifestly exceeded its powers;(c)that there was corruption on the part of a member of the Tribunal;(d)that there has been a serious departure from a fundamental rule of procedure; or(e)that the award has failed to state the reasons on which it is based.(2)The application shall be made within 120 days after the date on which the award was rendered except that when annulment is requested on the ground of corruption such application shall be made within 120 days after discovery of the corruption and in any event within three years after the date on which the award was rendered.(3)On receipt of the request the Chairman shall forthwith appoint from the Panel of Arbitrators an ad hoc Committee of three persons. None of the members of the Committee shall have been a member of the Tribunal which rendered the award, shall be of the same nationality as any such member, shall be a national of the State party to the dispute or of the State whose national is a party to the dispute, shall have been designated to the Panel of Arbitrators by either of those States, or shall have acted as a conciliator in the same dispute. The Committee shall have the authority to annul the award or any part thereof on any of the grounds set forth in paragraph (1).(4)The provisions of Articles 41-45, 48, 49, 53 and 54, and of Chapters VI and VII shall apply mutatis mutandis to proceedings before the Committee.(5)The Committee may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Committee rules on such request.(6)If the award is annulled the dispute shall, at the request of either party, be submitted to a new Tribunal constituted in accordance with Section 2 of this Chapter.Section 6. Recognition and enforcement of the Award
Article 53
(1)The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each party shall abide by and comply with the terms of the award except to the extent that enforcement shall have been stayed pursuant to the relevant provisions of this Convention.(2)For the purposes of this Section, "award" shall include any decision interpreting, revising or annulling such award pursuant to Articles 50, 51 or 52.Article 54
(1)Each Contracting State shall recognize an award rendered pursuant to this Convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. A Contracting State with a federal constitution may enforce such an award in or through its federal courts and may provide that such courts shall treat the award as if it were a final judgment of the courts of a constituent state.(2)A party seeking recognition or enforcement in the territories of a Contracting State shall furnish to a competent court or other authority which such State shall have designated for this purpose a copy of the award certified by the Secretary-General. Each Contracting State shall notify the Secretary-General of the designation of the competent court or other authority for this purpose and of any subsequent change in such designation.(3)Execution of the award shall be governed by the laws concerning the execution of judgments in force in the State in whose territories such execution is sought.Article 55
Nothing in Article 54 shall be construed as derogating from the law in force in any Contracting State relating to immunity of that State or of any foreign State from execution.Chapter V
Replacement and disqualification of conciliators and arbitrators
Article 56
(1)After a Commission or a Tribunal has been constituted and proceedings have begun, its composition shall remain unchanged; provided, however, that if a conciliator or an arbitrator should die, become incapacitated, or resign, the resulting vacancy shall be filled in accordance with the provisions of Section 2 of Chapter III or Section 2 of Chapter IV.(2)A member of a Commission or Tribunal shall continue to serve in that capacity notwithstanding that he shall have ceased to be a member of the Panel.(3)If a conciliator or arbitrator appointed by a party shall have resigned without the consent of the Commission or Tribunal of which he was a member, the Chairman shall appoint a person from the appropriate Panel to fill the resulting vacancy.Article 57
A party may propose to a Commission or Tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by paragraph (1) of Article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the Tribunal under Section 2 of Chapter IV.Article 58
The decision on any proposal to disqualify a conciliator or arbitrator shall be taken by the other members of the Commission or Tribunal as the case may be, provided that where those members are equally divided, or in the case of a proposal to disqualify a sole conciliator or arbitrator, or a majority of the conciliators or arbitrators, the Chairman shall take that decision. If it is decided that the proposal is well-founded the conciliator or arbitrator to whom the decision relates shall be replaced in accordance with the provisions of Section 2 of Chapter III or Section 2 of Chapter IV.Chapter VI
Cost of proceedings
Article 59
The charges payable by the parties for the use of the facilities of the Centre shall be determined by the Secretary-General in accordance with the regulations adopted by the Administrative Council.Article 60
(1)Each Commission and each Tribunal shall determine the fees and expenses of its members within limits established from time to time by the Administrative Council and after consultation with the Secretary-General.(2)Nothing in paragraph (1) of this Article shall preclude the parties from agreeing in advance with the Commission or Tribunal concerned upon the fees and expenses of its members.Article 61
(1)In the case of conciliation proceedings the fees and expenses of members of the Commission as well as the charges for the use of the facilities of the Centre, shall be borne equally by the parties. Each party shall bear any other expenses it incurs in connection with the proceedings.(2)In the case of arbitration proceedings the Tribunal shall, except as the parties otherwise agree, assess the expenses incurred by the parties in connection with the proceedings, and shall decide how and by whom those expenses, the fees and expenses of the members of the Tribunal and the charges for the use of the facilities of the Centre shall be paid. Such decision shall form part of the award.Chapter VII
Place of proceedings
Article 62
Conciliation and arbitration proceedings shall be held at the seat of the Centre except as hereinafter provided.Article 63
Conciliation and arbitration proceedings may be held, if the parties so agree,(a)at the seat of the Permanent Court of Arbitration or of any other appropriate institution, whether private or public, with which the Centre may make arrangements for that purpose; or(b)at any other place approved by the Commission or Tribunal after consultation with the Secretary-General.Chapter VIII
Disputes between Contracting States
Article 64
Any dispute arising between Contracting States concerning the interpretation or application of this Convention which is not settled by negotiation shall be referred, to the International Court of Justice by the application of any party to such dispute, unless the States concerned agree to another method of settlement.Chapter IX
Amendment
Article 65
Any Contracting State may propose amendment of this Convention. The text of a proposed amendment shall be communicated to the Secretary-General not less than 90 days prior to the meeting of the Administrative Council at which such amendment is to be considered and shall forthwith be transmitted by him to all the members of the Administrative Council.Article 66
(1)If the Administrative Council shall so decide by a majority of two-thirds of its members, the proposed amendment shall be circulated to all ContractingStates for ratification, acceptance or approval. Each amendment shall enter into force 30 days after dispatch by the depositary of this Convention of a notification to Contracting States that all Contracting States have ratified, accepted or approved the amendment.(2)No amendment shall affect the rights and obligations under this Convention of any Contracting State or of any of its constituent subdivisions or agencies, or of any national of such State arising out of consent to the jurisdiction of the Centre given before the date of entry into force of the amendment.Chapter X
Final provisions
Article 67
This Convention shall be open for signature on behalf of States members of the Bank. It shall also be open for signature on behalf of any other State which is a party to the Statute of the International Court of Justice and which the Administrative Council, by a vote of two-thirds of its members, shall have invited to sign the Convention.Article 68
(1)This Convention shall be subject to ratification, acceptance or approval by the signatory States in accordance with their respective constitutional procedures.(2)This Convention shall enter into force 30 days after the date of deposit of the twentieth instrument of ratification, acceptance or approval. It shall enter into force for each State which subsequently deposits its instrument of ratification, acceptance or approval 30 days after the date of such deposit.Article 69
Each Contracting State shall take such legislative or other measures as may be necessary for making the provisions of this Convention effective in its territories.Article 70
This Convention shall apply to all territories for whose international relations a Contracting State is responsible, except those which are excluded by such State by written notice to the depositary of this Convention either at the time of ratification, acceptance or approval or subsequently.Article 71
Any Contracting State may denounce this Convention by written notice to the depositary of this Convention. The denunciation shall take effect six months after receipt of such notice.Article 72
Notice by a Contracting State pursuant to Articles 70 or 71 shall not affect the rights or obligations under this Convention of that State or of any of its constituent subdivisions or agencies or of any national of that State arising out of consent to the jurisdiction of the Centre given by one of them before such notice was received by the depositary.Article 73
Instruments of ratification, acceptance or approval of this Convention and of amendments thereto shall be deposited with the Bank which shall act as the depositary of this Convention. The depositary shall transmit certified copies of this Convention to States members of the Bank and to any other State invited to sign the Convention.Article 74
The depositary shall register this Convention with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations and the Regulations thereunder adopted by the General Assembly.Article 75
The depositary shall notify all signatory States of the following—(a)signatures in accordance with Article 67;(b)deposits of instruments of ratification, acceptance and approval in accordance with Article 73;(c)the date on which this Convention enters into force in accordance with Article 68;(d)exclusions from territorial application pursuant to Article 70;