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ACICA Rules,Incorporating clauses for,arbitration and mediation. Approved and adopted by a resolution of,the ACICA Board of Directors. 1 August 2011, Australian Centre for International Commercial Arbitration. Sydney Office Head Office,Level 16 1 Castlereagh Street. Sydney NSW 2000,Telephone 61 0 2 9223 1099,Facsimile 61 0 2 9223 7053.
Email secretariat acica org au,Melbourne Office,470 Bourke Street. Melbourne VIC 3000,Telephone 61 0 3 9286 6384,Facsimile 61 0 3 9286 6460. Email secretariat acica org au,Perth Office, Western Australian Institute for Dispute Management. South Street,Murdoch WA 6150,Telephone 61 0 8 9360 7563. Email secretariat acica org au, These details are correct as at 1 August 2011 Please check.
the ACICA website for any changes www acica org au. ISBN 9780646559964,All Rights Reserved, Australian Centre for International Commercial Arbitration 2011. No part of the material protected by this copyright notice may be. reproduced or utilised in any form or by any means electronic or. mechanical including photocopying recording or any information. storage and retrieval system without written permission from the. copyright owner, ACICA Rules incorporating clauses for arbitration and mediation. Foreword 4,Members of the ACICA,Rules Committee 5,Arbitration Rules incorporating. the Emergency Arbitrator,Provisions 6,Arbitration Rules 38. Mediation Rules 64, ACICA Rules incorporating clauses for arbitration and mediation.
Alternative dispute resolution is an integral,part of global business. Many of the world s leading international,companies from industries such as. insurance building and construction mining,oil and gas shipping banking and financial. services are increasingly referring matters,to arbitration and mediation to resolve. commercial disputes,Underlying the arbitration or mediation.
process is the agreement allowing parties to, negotiate aspects of the nominated process to resolve their dispute. By inserting an arbitration clause into their agreements with trading. partners for instance parties can opt to have disputes arising out. of or in connection with the contract decided by private tribunals. rather than litigating them in national courts, Since its inception in 1985 ACICA through the auspices of its Rules. Committee has developed a number of rules and model clauses. that meet world s best practice, Following the Australian Government s decision to appoint ACICA. as the sole default appointing authority under the new International. Arbitration Act the ACICA Arbitration Rules have been updated. to include Emergency Arbitrator provisions This innovation will. provide parties with greater flexibility including an option to seek. emergency interim measures of protection from an emergency. arbitrator before the arbitral tribunal is constituted. In addition ACICA has developed the Appointment of Arbitrators. Rules 2011 and procedures which establish a streamlined process. through which a party can apply to have an arbitrator appointed to a. dispute seated in Australia, A board comprising representatives of the Attorney General of. Australia the Chief Justices of the High Court and Federal Court. the President of the Australian Bar Association the President of the. Law Council of Australia and industry representatives will oversee. the appointment process, Containing all of ACICA s current rules and model clauses this.
booklet is an essential resource designed to assist and inform. inhouse counsel corporate lawyers and business professionals. Doug Jones AM, ACICA President and Head of International Arbitration. and Major Projects Clayton Utz, ACICA Rules incorporating clauses for arbitration and mediation. Members of the ACICA,Rules Committee,Malcolm Holmes QC Chair. Jonathon DeBoos,Clayton Utz,Professor Richard Garnett. University of Melbourne,Bj rn Gehle,Pinsent Masons LLP.
Dr Christopher Kee,University of Aberdeen,Khory McCormick. Minter Ellison,Dr Luke Nottage,University of Sydney. Danielle Sirmai,Previous Committee Members,The Hon Justice Clyde Croft Chair. Supreme Court of Victoria,Stephen Burke,David Fairlie. Competitive Foods Australia Pty Limited,Simon Greenberg.
Romesh Weeramantry,City University of Hong Kong, ACICA Arbitration Rules incorporating the Emergency Arbitrator Provisions. ACICA Arbitration,Rules incorporating,the Emergency. Arbitrator Provisions,1 August 2011,MODEL ARBITRATION CLAUSE 8. SECTION I INTRODUCTORY RULES 9,1 ACICA Arbitration Rules 9. 2 Scope of Application 9,3 Notice Calculation of Periods of Time 9.
4 Notice of Arbitration 10,5 Answer to Notice of Arbitration 11. 6 Representation and Assistance 12,7 ACICA Facilities and Assistance 12. SECTION II COMPOSITION OF THE ARBITRAL TRIBUNAL 13. 8 Number of Arbitrators 13,9 Appointment of a Sole Arbitrator 13. 10 Appointment of Three Arbitrators 13, 11 Appointment of Arbitrators in Multi Party Disputes 14. 12 Information about Arbitrators 14,13 Challenge of Arbitrators 14.
14 Procedure for the Challenge of Arbitrators 15,15 Replacement of an Arbitrator 16. 16 Repetition of Hearings if Arbitrator Replaced 16. SECTION III ARBITRAL PROCEEDINGS 17,17 General Provisions 17. 18 Confidentiality 17,19 Seat of Arbitration 18,20 Language 18. 21 Statement of Claim 19,22 Statement of Defence 19. 23 Amendments to the Claim or Defence 20,24 Jurisdiction of the Arbitral Tribunal 20.
25 Further Written Statements 21, ACICA Rules incorporating clauses for arbitration and mediation. 26 Periods of Time 21,27 Evidence and Hearings 21,28 Interim Measures of Protection 22. 29 Default 23,30 Closure of Hearings 24,31 Waiver of Rules 24. SECTION IV THE AWARD 25,32 Decisions 25,33 Form and Effect of the Award 25. 34 Applicable Law Amiable Compositeur 26,35 Settlement or Other Grounds for Termination 26.
36 Interpretation of the Award 27,37 Correction of the Award 27. 38 Additional Award 27,39 Costs 27,40 Fees of the Arbitral Tribunal 28. 41 Apportionment of Costs 28,42 Deposit of Costs 29. SECTION V GENERAL 31,43 Decisions Made by ACICA 31. 44 Liability of the Arbitral Tribunal 31,APPENDIX A ACICA s Fees 32.
1 Registration Fee 32,2 Administration Fee 32,3 Emergency Arbitrator Fee 32. Schedule 1 33,Schedule 2 34,1 Application for Emergency Interim. Measures of Protection 34,2 Appointment of Emergency Arbitrator 34. 3 Decisions on Emergency Interim,Measures of Protection 35. 4 Compliance with the Emergency Interim Measure 36. 5 Powers after Arbitral Tribunal Appointment 36,6 Costs 37.
7 Other 37, ACICA Arbitration Rules incorporating the Emergency Arbitrator Provisions. Model arbitration, Any dispute controversy or claim arising out of relating to or in. connection with this contract including any question regarding. its existence validity or termination shall be resolved by. arbitration in accordance with the ACICA Arbitration Rules The. seat of arbitration shall be Sydney Australia or choose another. city The language of the arbitration shall be English or choose. another language The number of arbitrators shall be one or. three or delete this sentence and rely on Article 8 of the ACICA. Arbitration Rules, ACICA Rules incorporating clauses for arbitration and mediation. SECTION I INTRODUCTORY RULES,1 ACICA Arbitration Rules. These rules Rules are the rules of arbitration of, the Australian Centre for International Commercial.
Arbitration ACICA and may be referred to as the,ACICA Arbitration Rules. 2 Scope of Application, 2 1 Where parties agree in writing that disputes shall be. referred to arbitration under the ACICA Arbitration Rules. then such disputes shall be resolved in accordance with. these Rules as in force on the date of commencement of. the arbitration subject to such modification as the parties. may agree in writing, 2 2 These Rules shall govern the arbitration except that. where any of these Rules are in conflict with a provision. of the law applicable to the arbitration from which the. parties cannot derogate that provision shall prevail. 2 3 By selecting these Rules the parties do not intend to. exclude the operation of the UNCITRAL Model Law on. International Commercial Arbitration,3 Notice Calculation of Periods of Time. 3 1 For the purposes of these Rules any notice including. a notification communication or proposal is deemed. to have been received if it is physically delivered to the. addressee or to the addressee s residence place of. business or mailing address or if none of these can. be found after making reasonable inquiry then to the. addressee s last known residence or place of business. Notice shall be deemed to have been received on the day. it is so delivered, 3 2 For the purposes of calculating a period of time under.
the Rules such period shall begin to run on the day. following the day when a notice notification proposal. or other communication is received If the last day of. such period is an official holiday or a non business day. at the residence or place of business of the addressee. ACICA Arbitration Rules incorporating the Emergency Arbitrator Provisions. 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, 3 3 Unless the parties agree otherwise in writing any. reference to time shall be deemed to be a reference to. the time at the seat of the arbitration, 3 4 Any period of time imposed by these Rules or ACICA in. respect of the Notice of Arbitration the Answer to Notice. of Arbitration and the composition of the Arbitral Tribunal. may be extended by ACICA,4 Notice of Arbitration, 4 1 The party initiating recourse to arbitration hereinafter. called the Claimant shall give to ACICA a Notice of. Arbitration in two copies or such additional number as. ACICA directs The Claimant shall at the same time pay. ACICA s registration fee as specified in Appendix A. 4 2 Subject to Article 4 5 the arbitral proceedings shall be. deemed to commence on the date on which the Notice of. Arbitration or the registration fee is received by ACICA. whichever is the later, 4 3 The Notice of Arbitration shall include the following. a a demand that the dispute be referred to arbitration. b the names postal addresses telephone and facsimile. numbers and email addresses if any of the parties,and their counsel.
c a copy of the arbitration clause or the separate. arbitration agreement that is invoked, d a reference to the contract out of relating to or in. connection with which the dispute arises, e the general nature of the claim and an indication of. the amount involved if any,f the relief or remedy sought and. g a proposal as to the number of arbitrators i e one. or three if the parties have not previously agreed. ACICA Rules incorporating clauses for arbitration and mediation. 4 4 The Notice of Arbitration may also include, a the Claimant s proposal for the appointment of a sole. arbitrator in accordance with Article 9 1, b the notification of the appointment of an arbitrator.
referred to in Article 10 1 and, c the Statement of Claim referred to in Article 21. 4 5 If the Notice of Arbitration is incomplete or is not. submitted in the required number ACICA may request. the Claimant to remedy the defect within an appropriate. period of time and may delay the date of commencement. of the arbitral proceedings until such defect is remedied. ACICA s discretion in this regard is without prejudice. to the provisions with respect to emergency interim. measures of protection set out in Schedule 2, 4 6 Subject to Article 4 5 upon receipt of the Notice of. Arbitration ACICA shall communicate the Notice of, Arbitration to the other party referred to in Article 4 3 b. 5 Answer to Notice of Arbitration, 5 1 Within 30 days after receipt of the Notice of Arbitration. from ACICA each party against whom the Claimant seeks. relief Respondent or Respondents shall submit, an Answer to Notice of Arbitration to ACICA It shall be.
submitted in two copies or such additional number as. ACICA directs, 5 2 The Answer to Notice of Arbitration shall include the. a the names postal addresses telephone and, facsimile numbers and email addresses if any of the. Respondent and its counsel, b any plea that an Arbitral Tribunal constituted under. these Rules does not have jurisdiction, c the Respondent s comments on the particulars set. forth in the Notice of Arbitration,d the Respondent s answer to the relief or remedy.
sought in the Notice of Arbitration and,e the Respondent s proposal as to the number of. arbitrators if the parties have not previously agreed. ACICA Arbitration Rules incorporating the Emergency Arbitrator Provisions. 5 3 The Answer to Notice of Arbitration may also include. a the Respondent s proposal for the appointment of a. sole arbitrator in accordance with Article 9 1, b the notification of the appointment of an arbitrator. referred to in Article 10 1, c the Statement of Defence referred to in Article 22. d any counterclaim or claim for the purpose of a set. off arising out of relating to or in connection with the. contract The provisions of Article 4 3 will apply to. any such counterclaim or set off, 5 4 ACICA shall provide a copy of the Answer to Notice of. Arbitration and of any exhibits included therewith to the. 5 5 Once the registration fee has been paid and all arbitrators. have been confirmed ACICA shall transmit the file to the. Arbitral Tribunal,6 Representation and Assistance, The parties may be represented or assisted by persons of.
their choice The names and addresses of such persons. must be communicated in writing to the other party and. 7 ACICA Facilities and Assistance, ACICA shall at the request of the Arbitral Tribunal or. either party make available or arrange for such facilities. and assistance for the conduct of the arbitral proceedings. as may be required including suitable accommodation. for sittings of the Arbitral Tribunal secretarial assistance. and interpretation facilities, ACICA Rules incorporating clauses for arbitration and mediation. SECTION II COMPOSITION OF THE ARBITRAL,8 Number of Arbitrators. If the parties have not previously agreed on the number. of arbitrators i e one or three and if within 15 days after. the receipt by the Respondent of the Notice of Arbitration. the parties cannot agree ACICA shall determine the. number of arbitrators taking into account all relevant. circumstances,9 Appointment of a Sole Arbitrator, 9 1 If a sole arbitrator is to be appointed either party may. propose to the other the names of one or more persons. one of whom would serve as the sole arbitrator, 9 2 If within 30 days after receipt by a party of a proposal.
made in accordance with Article 9 1 the parties have not. reached agreement on the choice of a sole arbitrator and. provided written evidence of their agreement to ACICA. the sole arbitrator shall be appointed by ACICA, 9 3 In making the appointment ACICA shall have regard. to such considerations as are likely to secure the. appointment of an independent and impartial arbitrator. and shall take into account as well the advisability of. appointing an arbitrator of a nationality other than the. nationalities of the parties,10 Appointment of Three Arbitrators. 10 1 If three arbitrators are to be appointed each party shall. appoint one arbitrator The two arbitrators thus appointed. shall choose the third arbitrator who will act as the. Chairperson of the Tribunal, 10 2 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 ACICA to appoint the second. arbitrator In making the appointment ACICA shall have. regard to such considerations as are likely to secure the. appointment of an independent and impartial arbitrator.

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