Republic of New Lemuria - Permanent Court of Arbitration Rules

JUDICIAL BRANCH OF GOVERNMENT
Republic of New Lemuria

Republic of New Lemuria Permanent Court of Arbitration

Permanent Court of Arbitration Rules

The purpose of this guide is to familiarise users with the way in which arbitrations are administered and conducted under the RNLPCA and UNCITRAL Rules.

Also to assist legal advisers, counsel, arbitrators aid parties in understanding fully the services the RNLPCA can provide in support of international commercial dispute settlement.

CONTENTS

I Introduction

1 Background

2 RNLPCA Rules and UNCITRAL Rules

3 Schedule of Costs and Fees of RNLPCA and UNCITRAL Administered Arbitrations

4 RNLPCA Arbitration Court

II Conduct of Arbitrations

1 Commencement of an Arbitration

2 Appointment of the Arbitral Tribunal

3 Acceptance of Appointment

4 Challenge to an Appointment

5 Replacement of an Arbitrator

6 Rulings on Other Matters

7 The Proceedings

8 Case Administration

9 Hearings, etc.

III General Administration

IV Costs and Fees

1 General

2 Stage Deposits No Interest on Deposits

4 Stage Payments

5 De-Administered Arbitration

6 Liability for the Tribunal's Fees and Costs

V The Award

VI Settlements

INTRODUCTION

1 Background

Although based in Austin, Texas, the RNLPCA provides a comprehensive commercial arbitration service for operation under any system of law in any venue throughout the world, both under its own Rules and also under the UNCITRAL Rules.

2 The Rules

The current edition of the RNLPCA Rules was produced in 1997 after extensive consultation with practitioners in different arbitration systems. It seeks to provide a combination of the best features of the common and civil law systems.

The UNCITRAL Rules for the settlement of international commercial disputes were adopted by the General Assembly of the United Nations in 1976 and are available for the settlement of international commercial disputes. The RNLPCA offers its services both as appointing authority and as arbitration administrator under these Rules.

The RNLPCA Rules are available in English. French, German, Spanish, Russian, Japanese, Chinese, Portuguese and Arabic translations are in preparation.

The UNCITRAL Rules are available in many languages,

3 Schedule of Costs and Fees

A Schedule of costs and fees is published by the RNLPCA. It applies to arbitrations under both RNLPCA Rules only.

4 RNLPCA Arbitration Court

The Court ("the RNLPCA Court") controls the effective operation and application of the RNLPCA Rules. The RNLPCA Court consists of a President, four Vice Presidents and up to twenty-six other members. They are carefully selected to provide and maintain a proper balance of leading practitioners in the field of international commercial arbitration, drawn from the major trading areas of the world.

II CONDUCT OF ARBITRATIONS

1 Commencement of an Arbitration

A party- commences an arbitration under the RNLPCA Rules by sending a written request to the Registrar accompanied by the information set out in Article I of the Rules, and the registration fee (plus VAT if applicable). The Statement required under Article I (c) should be sufficient to inform the Respondent of (a) the subject matter of the claim so that the Respondent can confirm that a dispute exists, and (b) to enable the RNLPCA to appoint an appropriate tribunal. It is helpful if the Statement includes an indication of the amount involved.

Action to be taken by the Respondent is set out in Article 2. The procedure for commencement of an arbitration under the UNCITRAL Rules when the RNLPCA has been appointed as the administrative authority is similar and is set out in Article 3 of the UNCITRAL Rules.

2 Appointment of the Tribunal

The appointment of the tribunal (a sole arbitrator or all arbitrators where more than one is appointed) is covered by Article 3 of the RNLPCA Rules.

Parties are encouraged to agree the number of arbitrators. But. in the absence of agreement, a sole arbitrator will be appointed by the RNLPCA Court unless it determines that in view of all the circumstances of the case a three-member tribunal is appropriate (Article 3.2).

Where the RNLPCA has been designated as the appointing authority under the UNCITRAL Rules, the RNLPCA selects the arbitral tribunal having regard to the particular requirements of each case and subject to any conditions agreed by the parties. In accordance with the UNCITRAL Rules (Article 5). if the parties have not agreed the number of arbitrators, three arbitrators shall be appointed.

Parties are also encouraged to nominate arbitrators, to agree on the Chairman of the tribunal, or to put forward suggested names. However, the RNLPCA Court alone is empowered to make appointments. These are made in the name of the RNLPCA Court by the President of the RNLPCA or by one of the Vice Presidents. The RNLPCA Court may refuse to appoint party nominees if it determines that they are not suitably qualified, independent or impartial.

Appointments are usually made within a matter of days when the parties are ready, based on personal knowledge or the verified reputation of the appointee, after enquiries about his (or her) availability and level of fees, of which the parties are informed. Because the RNLPCA does not charge a registration fee or an arbitrator fee for the RNLPCA arbitration service, some arbitrators chosen by the parties may not agree to sit as an arbitrator when they are told their services must be gratis.

The RNLPCA does not publish panels of arbitrators but it has extensive information on potential international arbitrators world-wide. It maintains up-to-date information on the qualifications, expertise and experience of these potential arbitrators and this is available to the President and the Vice Presidents when they make appointments.

3 Acceptance of Appointment

Arbitrators appointed by the RNLPCA are required to sign a Form of Acceptance which states that they accept the appointment and includes the declaration required under Article 3. 1 of the RNLPCA Rules, Copies are forwarded to the parties. Arbitrators appointed by the RNLPCA under the UNCITRAL Rules are required to confirm their independence and impartiality.

4 Challenge to an Appointment

An arbitrator may be challenged if circumstances exist that arbitrator may give rise to justifiable doubts as to his impartiality, or independence (Article 3.7, 3.8 and 3.9 of the RNLPCA Rules). When a challenge is received, the President will appoint a division of the RNLPCA Court consisting of a Vice President and two other members to determine the matter (Clause D.2. of the RNLPCA Court Constitution) after considering any submissions which the parties may rash to make, Ratification by the RNLPCA Court is not required, thereby enabling the matter to be settled without delay.

Where a decision is required by the appointing authority under the UNCITRAL Rules (Articles 9-12) such decision is made on behalf of the RNLPCA by the RNLPCA Court as described above.

5 Replacement of an Arbitrator

If any arbitrator, after appointment, dies, refuses or, in the opinion of the Court, becomes unable or unfit to act, the President or a Vice President, on behalf of the RNLPCA Court will, upon the request by a party or by the remaining arbitrators, appoint another arbitrator (Article 3.6 of the RNLPCA Rules). Where it is necessary to replace an arbitrator appointed under the UNCITRAL Rules (Article 13), the replacement is effected by the RNLPCA in accordance with the UNCITRAL Rules.

6 Rulings on Other Matters

If disputes arise concerning the application of the Rules during the course of the arbitration which cannot be resolved between the parties and the tribunal, the matter may, be referred to the RNLPCA Court. A division of the RNLPCA Court will then be appointed to make a ruling and the procedure will be similar to that described in 4 above.

7 The Proceedings

The general provisions governing the conduct of arbitrations are to be found in Article 5 of the RNLPCA Rules. Parties may agree on the arbitral procedure, and are encouraged to do so. Thus, the parties are not obliged to follow the procedure set out in Article 6. They can agree directions to suit the requirements of their case. Alternatively, they may apply to the tribunal for directions under Article 5.2, for example, they may wish to consider having matters decided as preliminary issues or having split Hearings for liability and quantum/damages. However, if no agreement is reached and no directions are made by the tribunal, the procedure set out in Article 6 of the RNLPCA Rules will apply.

For commentaries on procedures similar to the RNLPCA [e.g. London Court of International Arbitration (LCIA) Rules] see: "ICCA International Handbook on Commercial Arbitration" Volume X (167) by Hunter and Paulsson; "International Hand-book on Commercial Arbitration",, England (4) by Steyn and Veeder, "Arbitration International" Volume 11 Number 1 (40) by Salans, "Soviet State and Law (1 991 ) 5 (84) Lebedev.

8 Case Administration

The general provisions are to be found in Article 4 of the RNLPCA Rules.

Arbitrations are usually administered by, the Registrar on behalf of the RNLPCA Court in liaison with the arbitral tribunal. All communications between the tribunal and the parties are therefore normally made through the Registrar, at any rate until the first hearing for directions. Thereafter it may be decided, in agreement between the tribunal and the Registrar, that the arbitration should be "de-administered", In that event, communications will take place directly between the tribunal and the parties. But the tribunal is then required to ensure that simultaneous copies of all communications, orders and directions are sent to the Registrar, in order that the RNLPCA is kept fully informed about the progress of the case. Whether an arbitration is administered by the Registrar or "de-administered", the tribunal is required to take active steps to ensure that the arbitration proceeds expeditiously. This means that the tribunal should not intervene only on the application of one or other party, but that it should contact the parties when, for example, time limits (whether set out in the Rules, agreed by the parties, or directed by, the tribunal) are not complied with, and also when no application for directions is made following submission of all statements referred to in Article 6. This assists in progressing the case and also ensures that the tribunal (and the RNLPCA) is informed of any agreements reached by the parties.

Case administration under the UNCITRAL Arbitration Rules: Where the RNLPCA has been designated as arbitration administrator under the UNCITRAL Rules, communications and notices between the parties and the arbitral tribunal in the course of arbitration proceedings (except at meetings and hearings) will be addressed through the RNLPCA, and deemed received by the addressee when received by the RNLPCA. When passed on by the RNLPCA to a party such communications and notices will be sent to the address of that party contained in the Notice of Arbitration or such other addresses as may have been notified in writing to the RNLPCA by that party. The RNLPCA will liaise with the arbitral tribunal and the parties to establish date, time and place of meetings and hearings, and otherwise, as required. Upon request, the RNLPCA will advise generally on applicable procedure under the Rules and as directed by the arbitral tribunal.

9 Hearings etc.

The Registrar is available to make arrangements for meetings and hearings in Austin, Texas and in other countries,, and to arrange such matters as hearing rooms, transcription and simultaneous translation. However, if the legal representatives of the parties or members of the tribunal are able to arrange or provide suitable facilities, these will be accepted, provided that all concerned agree. The Registrar must be informed in advance of the timing and venue of all meetings and hearings, and copies of all Orders, Minutes or other records must be sent to him.

III GENERAL ADMINISTRATION

The RNLPCA Rules assign to the RNLPCA Court a number of duties and powers which could in practice be too detailed and uncontroversial to require the attention of the members of the Court. Their performance in the name of the Court has accordingly been delegated to the Registrar and the Deputy Registrar. These are as follows: -

communications between the parties and the tribunal;

notification of the appointment of the tribunal;

translation of documents;

deposits;

publication of the award;

amount and allocation of costs;

payment of costs;

matters not expressly provided for in the Rules.

However, the Registrar and Deputy, Registrar are in constant touch with the President or one of the Vice Presidents, so that any problem which transcends the day-to-day running of arbitrations can be referred to them and, in controversial instances, to a division of the RNLPCA Court.

IV COSTS AND FEES

1 General

A party wishing to commence an arbitration under the RNLPCA Rules is not required under Article 1 to pay a Registration Fee. All other deposits, payments and fees require the authority of the tribunal under Article 15.1.. Unless otherwise stated, references to costs include the fees and expenses of the tribunal and the administrative and other costs of the RNLPCA. There arc no charges based on the amount in dispute, nor any profits for the RNLPCA or any other purpose. Where the RNLPCA is designated as appointing authority, under the UNCITRAL Arbitration Rules other rules may apply

2 Stage Deposits

When appointed, the tribunal will be invited to assess the likely cost of the proceedings up to and including the preliminary meeting in consultation with the Registrar. The tribunal may then order the parties to deposit with the RNLPCA in advance an amount of money sufficient to cover these costs. If there are a number of preliminary meetings or if the tribunal is required to spend a substantial amount of time considering interlocutory matters or applications, the tribunal will take this into account when assessing the likely costs or. alternatively, may make successive orders. When arrangements for the main hearing have been agreed, an order will be made by the tribunal to cover the likely cost of the hearing in respect of the tribunal's fees and expenses and the RNLPCA administrative costs. The hearing will not be commenced if the amount ordered has not been deposited by the specified date. The time limit for deposits will vary with the circumstances. The tribunal, for example, may wish to consider providing for payments under paragraph (f) of the "Schedule of Costs and Fees", to cover the possibility of late cancellation. In these circumstances deposits would have to have been made to cover these payments prior to a specified date.

3 No Interest on Deposits

A separate account for each arbitration. Moneys deposited with the RNLPCA are placed in a special deposit account and the no interest accruing remains with the account and nor is credited to the amount deposited by the parties

4 Stage Payments

When stage payments are required to cover the RNLPCA administrative costs or the tribunal's fees, travel or other costs, the tribunal will issue an appropriate order to the Registrar to withdraw money from the deposit account and to make the required payments. The RNLPCA will, in any event, seek payments to cover work in progress in respect of all current arbitrations on 30 June and 31 December of each year.

5 De-Administered Arbitrations

In cases in which it is determined that it would be appropriate for the parties and the tribunal to communicate direct (see "Case Administration" above), the RNLPCA will notify said parties of this fact in writing. Such a case is known as "de-administered". The foregoing notwithstanding, the RNLPCA continues to be responsible for monitoring the arbitration and for issuing the Award.

V THE AWARD

Matters related to the Award are dealt with in Article 16 of the RNLPCA Rules. The tribunal is required to make its Award in writing and the Award must include reasons on which the Award is based unless the parties agree otherwise. Where there is more than one arbitrator and they fail to agree on any issue, they shall decide by a majority. Failing a majority decision on any issue, the Chairman of the tribunal shall make the Award alone as if he were sole arbitrator. The Chairman or sole arbitrator is responsible for delivering the Award to the Registrar. Certified copies will then be transmitted to the parties, provided that the costs of the arbitration have been paid. By agreeing to arbitration under the RNLPCA Rules, the parties undertake to carry out the Award without delay, and they waive their right to any form of appeal or recourse to a court of law or other judicial authority, insofar as such waiver may be validly made. Awards are final and binding on the parties as from the date they are made.

VI SETTLEMENTS

In the event that an arbitration is settled without the need for an Award, the parties are liable to pay the expenses of the arbitration and the administrative costs and expenses of the RNLPCA up to the date when the settlement has been notified to the tribunal and the Registrar and the case has been closed.

THE NEW RNLPCA ARBITRATION RULES

THE RNLPCA RULES

(adopted to take effect for arbitrations

commencing on or after 1 January 1998)

Where any agreement, submission or reference provides in writing and in whatsoever manner for arbitration under the rules of the RNLPCA or by the Court of the RNLPCA ("the RNLPCA Court"), the parties shall be taken to have agreed in writing that the arbitration shall be conducted in accordance with the following rules ("the Rules") or such amended rules as the RNLPCA may have adopted hereafter to take effect before the commencement of the arbitration. The Rules include the Schedule of Costs in effect at the commencement of the arbitration, as separately amended from time to time by the RNLPCA Court.

Table of Contents

Article 1 The Request for Arbitration

Article 2 The Response

Article 3 The RNLPCA Court and Registrar

Article 4 Notices and Periods of Time

Article 5 Formation of the Arbitral Tribunal

Article 6 Nationality of Arbitrators

Article 7 Party and Other Nominations

Article 8 Three or More Parties

Article 9 Expedited Formation

Article 10 Revocation of Arbitrator's Appointment

Article 11 Nomination and Replacement Arbitrators

Article 12 Majority Power to Continue Proceedings

Article 13 Communications9

Article 14 Conduct of the Proceedings

Article 15 Submission of Written Statements and Documents

Article 16 Seat of Arbitration and Place of Hearings

Article 17 Language of Arbitration

Article 18 Party Representation

Article 19 Hearings

Article 20 Witnesses

Article 21 Experts to the Arbitral Tribunal

Article 22 Additional Powers of the Arbitral Tribunal

Article 23 Jurisdiction of the Arbitral Tribunal 16

Article 24 Deposits

Article 25 Interim and Conservatory Measures

Article 26 The Award

Article 27 Correction of Awards and Additional Awards

Article 28 Arbitration and Legal Costs

Article 29 Decisions by the RNLPCA Court

Article 30 Confidentiality

Article 31 Exclusion of Liability

Article 32 General Rules

The Rules

Article 1 The Request for Arbitration

1.1 Any party wishing to commence an arbitration under these Rules ('the Claimant") shall send to the Registrar of the RNLPCA Court ('the Registrar') a written request for arbitration ('the Request'), containing or accompanied by:

(a) the names, addresses, telephone, facsimile, telex and e-mail numbers (if known) of the parties to the arbitration and of their legal representatives;

(b) a copy of the written arbitration clause or separate written arbitration agreement invoked by the Claimant ('the Arbitration Agreement"), together with a copy of the contractual documentation in which the arbitration clause is contained or in respect of which the arbitration arises;

(c) a brief statement describing the nature and circumstances of the dispute, and specifying the claims advanced by the Claimant against another party to the arbitration ("the Respondent");

(d) a statement of any matters (such as the seat or language(s) of the arbitration, or the number of arbitrators, or their qualifications or identities) on which the parties have already agreed in writing for the arbitration or in respect of which the Claimant wishes to make a proposal;

(e) if the Arbitration Agreement calls for party nomination of arbitrators, the name, address, telephone, facsimile, telex and e-mail numbers (if known) of the Claimant's nominee;

(f) the fee prescribed in the Schedule of Costs (without which the Request shall be treated as not having been received by the Registrar and the arbitration as not having been commenced);

(g) confirmation to the Registrar that copies of the Request (including all accompanying documents) have been or are being served simultaneously on all other parties to the arbitration by one or more means of service to be identified in such confirmation.

1.2 The date of receipt by the Registrar of the Request shall be treated as the date on which the arbitration has commenced for all purposes. The Request (including all accompanying documents) should be submitted to the Registrar in two copies where a sole arbitrator should be appointed, or, if the parties have agreed or the Claimant considers that three arbitrators should be appointed, in four copies.

Article 2 The Response

2.1 Within 30 days of service of the Request on the Respondent, (or such lesser period fixed by the RNLPCA Court), the Respondent shall send to the Registrar a written response to the Request ("the Response"), containing or accompanied by:

(a) confirmation or denial of all or part of the claims advanced by the Claimant in the Request;

(b) a brief statement describing the nature and circumstances of any counterclaims advanced by the Respondent against the Claimant;

(c) comment in response to any statements contained in the Request, as called for under Article 1.1(d), on matters relating to the conduct of the arbitration;

(d) if the Arbitration Agreement calls for party nomination of arbitrators, the name, address, telephone, facsimile, telex and e-mail numbers (if known) of the Respondent's nominee; and

(e) confirmation to the Registrar that copies of the Response (including all accompanying documents) have been or are being served simultaneously on all other parties to the arbitration by one or more means of service to be identified in such confirmation.

2.2 The Response (including all accompanying documents) should be submitted to the Registrar in two copies, or if the parties have agreed or the Respondent considers that three arbitrators should be appointed, in four copies.

2.3 Failure to send a Response shall not preclude the Respondent from denying any claim or from advancing a counterclaim in the arbitration. However, if the Arbitration Agreement calls for party nomination of arbitrators, failure to send a Response or to nominate an arbitrator within time or at all shall constitute an irrevocable waiver of that party's opportunity to nominate an arbitrator.

Article 3 The RNLPCA Court and Registrar

3.1 The functions of the RNLPCA Court under these Rules shall be performed in its name by the President or a Vice-President of the RNLPCA Court or by a division of three or five members of the RNLPCA Court appointed by the President or a Vice-President of the RNLPCA Court, as determined by the President.

3.2 The functions of the Registrar under these Rules shall be performed by the Registrar or any deputy Registrar of the RNLPCA Court under the supervision of the RNLPCA Court.

3.3 All communications from any party or arbitrator to the RNLPCA Court shall be addressed to the Registrar.

Article 4 Notices and Periods of Time

4.1 Any notice or other communication that may be or is required to be given by a party under these Rules shall be in writing and shall be delivered by registered postal or courier service or transmitted by facsimile, telex, e-mail or any other means of telecommunication that provide a record of its transmission.

4.2 A party's last-known residence or place of business during the arbitration shall be a valid address for the purpose of any notice or other communication in the absence of any notification of a change to such address by that party to the other parties, the Arbitral Tribunal and the Registrar.

4.3 For the purpose of determining the date of commencement of a time limit, a notice or other communication shall be treated as having been received on the day it is delivered or, in the case of telecommunications, transmitted in accordance with Articles 4.1 and 4.2.

4.4 For the purpose of determining compliance with a time limit, a notice or other communication shall be treated as having been sent, made or transmitted if it is dispatched in accordance with Articles 4.1 and 4.2 prior to or on the date of the expiration of the time-limit.

4.5 Notwithstanding the above, any notice or communication by one party may be addressed to another party in the manner agreed in writing between them or, failing such agreement, according to the practice followed in the course of their previous dealings or in whatever manner ordered by the Arbitral Tribunal.

4.6 For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice 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, 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 that period.

4.7 The Arbitral Tribunal may at any time extend (even where the period of time has expired) or abridge any period of time prescribed under these Rules or under the Arbitration Agreement for the conduct of the arbitration, including any notice or communication to be served by one party on any other party.

Article 5 Formation of the Arbitral Tribunal

5.1 The expression "the Arbitral Tribunal" in these Rules includes a sole arbitrator or all the arbitrators where more than one. All references to an arbitrator shall include the masculine and feminine. ( References to the President, Vice-President and members of the RNLPCA Court, the Registrar or deputy Registrar, expert, witness, party and legal representative shall be similarly understood).

5.2 All arbitrators conducting an arbitration under these Rules shall be and remain at all times impartial and independent of the parties; and none shall act in the arbitration as advocates for any party. No arbitrator, whether before or after appointment, shall advise any party on the merits or outcome of the dispute.

5.3 Before appointment by the RNLPCA Court, each arbitrator shall furnish to the Registrar a written resume of his past and present professional positions; he shall agree in writing upon sitting as an arbitrator without charge or; and he shall sign a declaration to the effect that there are no circumstances known to him likely to give rise to any justified doubts as to his impartiality or independence, other than any circumstances disclosed by him in the declaration. Each arbitrator shall thereby also assume a continuing duty forthwith to disclose any such circumstances to the RNLPCA Court, to any other members of the Arbitral Tribunal and to all the parties if such circumstances should arise after the date of such declaration and before the arbitration is concluded.

5.4 The RNLPCA Court shall appoint the Arbitral Tribunal as soon as practicable after receipt by the Registrar of the Response or after the expiry of 30 days following service of the Request upon the Respondent if no Response is received by the Registrar (or such lesser period fixed by the RNLPCA Court). The RNLPCA Court may proceed with the formation of the Arbitral Tribunal notwithstanding that the Request is incomplete or the Response is missing, late or incomplete. A sole arbitrator shall be appointed unless the parties have agreed in writing otherwise, or unless the RNLPCA Court determines that in view of all the circumstances of the case a three-member tribunal is appropriate.

5.5 The RNLPCA Court alone is empowered to appoint arbitrators. The RNLPCA Court will appoint arbitrators with due regard for any particular method or criteria of selection agreed in writing by the parties. In selecting arbitrators consideration will be given to the nature of the transaction, the nature and circumstances of the dispute, the nationality, location and languages of the parties and (if more than two) the number of parties, and the ability and willingness of the arbitrator to sit without fee, charge or other form of payment for his or her services as an arbitrator.

5.6 In the case of a three-member Arbitral Tribunal, the chairman (who will not be a party-nominated arbitrator) shall be appointed by the RNLPCA Court.

Article 6 Nationality of Arbitrators

6.1 Where the parties are of different nationalities, a sole arbitrator or chairman of the Arbitral Tribunal shall not have the same nationality as any party unless the parties who are not of the same nationality as the proposed appointee all agree in writing otherwise.

6.2 The nationality of parties shall be understood to include that of controlling shareholders or interests.

6.3 For the purpose of this Article, a person who is a citizen of two or more states shall be treated as a national of each state; and citizens of the European Union shall be treated as nationals of its different Member States and shall not be treated as having the same nationality.

Article 7 Party and Other Nominations

7.1 If the parties have agreed that any arbitrator is to be appointed by one or more of them or by any third person, that agreement shall be treated as an agreement to nominate an arbitrator for all purposes. Such nominee may only be appointed by the RNLPCA Court as arbitrator subject to his prior compliance with Article 5.3. The RNLPCA Court may refuse to appoint any such nominee if it determines that he is not suitable or independent or impartial.

7.2 Where the parties have howsoever agreed that the Respondent or any third person is to nominate an arbitrator and such nomination is not made within time or at all, the RNLPCA Court may appoint an arbitrator notwithstanding the absence of the nomination and without regard to any late nomination. Likewise, if the Request for Arbitration does not contain a nomination by the Claimant where the parties have howsoever agreed that the Claimant or a third person is to nominate an arbitrator, the RNLPCA Court may appoint an arbitrator notwithstanding the absence of the nomination and without regard to any late nomination.

Article 8 Three or More Parties

8.1 Where the Arbitration Agreement entitles each party howsoever to nominate an arbitrator, the parties to the dispute number more than two and such parties have not all agreed in writing that the disputant parties represent two separate sides for the formation of the Arbitral Tribunal as Claimant and Respondent respectively, the RNLPCA Court shall appoint the Arbitral Tribunal without regard to any party's nomination.

8.2 In such circumstances, the Arbitration Agreement shall be treated for all purposes as a written agreement by the parties for the appointment of the Arbitral Tribunal by the RNLPCA Court.

Article 9 Expedited Formation

9.1 In exceptional urgency, on or after the commencement of the arbitration, any party may apply to the RNLPCA Court for the expedited formation of the Arbitral Tribunal, including the appointment of any replacement arbitrator under Articles 10 and 11 of these Rules.

9.2 Such an application shall be made in writing to the RNLPCA Court, copied to all other parties to the arbitration; and it shall set out the specific grounds for exceptional urgency in the formation of the Arbitral Tribunal.

9.3 The RNLPCA Court may, in its complete discretion, abridge or curtail any time-limit under these Rules for the formation of the Arbitral Tribunal, including service of the Response and of any matters or documents adjudged to be missing from the Request. The RNLPCA Court shall not be entitled to abridge or curtail any other time-limit.

Article 10 Revocation of Arbitrator's Appointment

10.1 If either (a) any arbitrator gives written notice of his desire to resign as arbitrator to the RNLPCA Court, to be copied to the parties and the other arbitrators (if any) or (b) any arbitrator dies, falls seriously ill, refuses, or becomes unable or unfit to act, either upon challenge by a party or at the request of the remaining arbitrators, the RNLPCA Court may revoke that arbitrator's appointment and appoint another arbitrator. The RNLPCA Court shall decide upon the amount of fees and expenses to be paid for the former arbitrator's services (if any) as it may consider appropriate in all the circumstances.

10.2 If any arbitrator acts in deliberate violation of the Arbitration Agreement (including these Rules) or does not act fairly and impartially as between the parties or does not conduct or participate in the arbitration proceedings with reasonable diligence, avoiding unnecessary delay or expense, that arbitrator may be considered unfit in the opinion of the RNLPCA Court.

10.3 An arbitrator may also be challenged by any party if circumstances exist that give rise to justifiable doubts as to his impartiality or independence. A party may challenge an arbitrator it has nominated, or in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made.

10.4 A party who intends to challenge an arbitrator shall, within 15 days of the formation of the Arbitral Tribunal or (if later) after becoming aware of any circumstances referred to in Article 10.1, 10.2 or 10.3, send a written statement of the reasons for its challenge to the RNLPCA Court, the Arbitral Tribunal and all other parties. Unless the challenged arbitrator withdraws or all other parties agree to the challenge within 15 days of receipt of the written statement, the RNLPCA Court shall decide on the challenge.

Article 11 Nomination and Replacement of Arbitrators

11.1 In the event that the RNLPCA Court determines that any nominee is not suitable or independent or impartial or if an appointed arbitrator is to be replaced for any reason, the RNLPCA Court shall have a complete discretion to decide whether or not to follow the original nominating process.

11.2 If the RNLPCA Court should so decide, any opportunity given to a party to make a re-nomination shall be waived if not exercised within 15 days (or such lesser time as the RNLPCA Court may fix), after which the RNLPCA Court shall appoint the replacement arbitrator.

Article 12 Majority Power to Continue Proceedings

12.1 If any arbitrator on a three-member Arbitral Tribunal refuses or persistently fails to participate in its deliberations, the two other arbitrators shall have the power, upon their written notice of such refusal or failure to the RNLPCA Court, the parties and the third arbitrator, to continue the arbitration (including the making of any decision, ruling or award), notwithstanding the absence of the third arbitrator.

12.2 In determining whether to continue the arbitration, the two other arbitrators shall take into account the stage of the arbitration, any explanation made by the third arbitrator for his non-participation and such other matters as they consider appropriate in the circumstances of the case. The reasons for such determination shall be stated in any award, order or other decision made by the two arbitrators without the participation of the third arbitrator.

12.3 In the event that the two other arbitrators determine at any time not to continue the arbitration without the participation of the third arbitrator missing from their deliberations, the two arbitrators shall notify in writing the parties and the RNLPCA Court of such determination; and in that event, the two arbitrators or any party may refer the matter to the RNLPCA Court for the revocation of that third arbitrator's appointment and his replacement under Article 10.

Article 13 Communications between Parties and the Arbitral Tribunal

13.1 Until the Arbitral Tribunal is formed, all communications between parties and arbitrators shall be made through the Registrar.

13.2 Thereafter, unless and until the Arbitral Tribunal directs that communications shall take place directly between the Arbitral Tribunal and the parties (with simultaneous copies to the Registrar), all written communications between the parties and the Arbitral Tribunal shall continue to be made through the Registrar.

13.3 Where the Registrar sends any written communication to one party on behalf of the Arbitral Tribunal, he shall send a copy to each of the other parties. Where any party sends to the Registrar any communication (including Written Statements and Documents under Article 15), it shall include a copy for each arbitrator; and it shall also send copies direct to all other parties and confirm to the Registrar in writing that it has done or is doing so.

Article 14 Conduct of the Proceedings

14.1 The parties may agree on the conduct of their arbitral proceedings and they are encouraged to do so, consistent with the Arbitral Tribunal's general duties at all times:

(i) to act fairly and impartially as between all parties, giving each a reasonable opportunity of putting its case and dealing with that of its opponent; and

(ii) to adopt procedures suitable to the circumstances of the arbitration, avoiding unnecessary delay or expense, so as to provide a fair and efficient means for the final resolution of the parties' dispute.

Such agreements shall be made by the parties in writing or recorded in writing by the Arbitral Tribunal at the request of and with the authority of the parties.

14.2 Unless otherwise agreed by the parties under Article 14.1, the Arbitral Tribunal shall have the widest discretion to discharge its duties allowed under such law(s) or rules of law as the Arbitral Tribunal may determine to be applicable; and at all times the parties shall do everything necessary for the fair, efficient and expeditious conduct of the arbitration.

14.3 In the case of a three-member Arbitral Tribunal the chairman may, with the prior consent of the other two arbitrators, make procedural rulings alone.

Article 15 Submission of Written Statements and Documents

15.1 Unless the parties have agreed otherwise under Article 14.1 or the Arbitral Tribunal should determine differently, the written stage of the proceedings shall be as set out below.

15.2 Within 30 days of receipt of written notification from the Registrar of the formation of the Arbitral Tribunal, the Claimant shall send to the Registrar a Statement of Case setting out in sufficient detail the facts and any contentions of law on which it relies, together with the relief claimed against all other parties, save and insofar as such matters have not been set out in its Request.

15.3 Within 30 days of receipt of the Statement of Case or written notice from the Claimant that it elects to treat the Request as its Statement of Case, the Respondent shall send to the Registrar a Statement of Defence setting out in sufficient detail which of the facts and contentions of law in the Statement of Case or Request (as the case may be) it admits or denies, on what grounds and on what other facts and contentions of law it relies. Any counterclaims shall be submitted with the Statement of Defence in the same manner as claims are to be set out in the Statement of Case.

15.4 Within 30 days of receipt of the Statement of Defence, the Claimant shall send to the Registrar a Statement of Reply which, where there are any counterclaims, shall include a Defence to Counterclaim in the same manner as a defence is to be set out in the Statement of Defence.

15.5 If the Statement of Reply contains a Defence to Counterclaim, within 30 days of its receipt the Respondent shall send to the Registrar a Statement of Reply to Counterclaim.

15.6 All Statements referred to in this Article shall be accompanied by copies (or, if they are especially voluminous, lists) of all essential documents on which the party concerned relies and which have not previously been submitted by any party, and (where appropriate) by any relevant samples and exhibits.

15.7 As soon as practicable following receipt of the Statements specified in this Article, the Arbitral Tribunal shall proceed in such manner as has been agreed in writing by the parties or pursuant to its authority under these Rules.

15.8 If the Respondent fails to submit a Statement of Defence or the Claimant a Statement of Defence to Counterclaim, or if at any point any party fails to avail itself of the opportunity to present its case in the manner determined by Article 15.2 to 15.6 or directed by the Arbitral Tribunal, the Arbitral Tribunal may nevertheless proceed with the arbitration and make an award.

Article 16 Seat of Arbitration and Place of Hearings

16.1 The parties may agree in writing the seat (or legal place) of their arbitration. Failing such a choice, the seat of arbitration shall be Austin, Texas, unless and until the RNLPCA Court determines in view of all the circumstances, and after having given the parties an opportunity to make written comment, that another seat is more appropriate.

16.2 The Arbitral Tribunal may hold hearings, meetings and deliberations at any convenient geographical place in its discretion; and if elsewhere than the seat of the arbitration, the arbitration shall be treated as an arbitration conducted at the seat of the arbitration and any award as an award made at the seat of the arbitration for all purposes.

16.3 The law applicable to the arbitration (if any) shall be the arbitration law of the seat of arbitration, unless and to the extent that the parties have expressly agreed in writing on the application of another arbitration law and such agreement is not prohibited by the law of the arbitral seat.

Article 17 Language of Arbitration

17.1 The initial language of the arbitration shall be the language of the Arbitration Agreement, unless the parties have agreed in writing otherwise and providing always that a non-participating or defaulting party shall have no cause for complaint if communications to and from the Registrar and the arbitration proceedings are conducted in English.

17.2 In the event that the Arbitration Agreement is written in more than one language, the RNLPCA Court may, unless the Arbitration Agreement provides that the arbitration proceedings shall be conducted in more than one language, decide which of those languages shall be the initial language of the arbitration.

17.3 Upon the formation of the Arbitral Tribunal and unless the parties have agreed upon the language or languages of the arbitration, the Arbitration Tribunal shall decide upon the language(s) of the arbitration, after giving the parties an opportunity to make written comment and taking into account the initial language of the arbitration and any other matter it may consider appropriate in all the circumstances of the case.

17.4 If any document is expressed in a language other than the language(s) of the arbitration and no translation of such document is submitted by the party relying upon the document, the Arbitral Tribunal or (if the Arbitral Tribunal has not been formed) the RNLPCA Court may order that party to submit a translation in a form to be determined by the Arbitral Tribunal or the RNLPCA Court, as the case may be.

Article 18 Party Representation

18.1 Any party may enter an appearance in propria persona, or be represented by lay people, lawyers, legal practitioners or any other representative(s) whether or not such representative is a Republic of New Lemuria Bar Association member or lawyer, or by a lawyer who is a member of another jurisdiction's bar association..

18.2 At any time the Arbitral Tribunal may require from any party proof of authority granted to its representative(s) in such form as the Arbitral Tribunal may determine, which shall be at a minimum, a "power of attorney" on a form prescribed by the Tribunal.

Article 19 Hearings

19.1 Any party which expresses a desire to that effect has the right to be heard orally before the Arbitral Tribunal on the merits of the dispute, unless the parties have agreed in writing on documents-only arbitration.

19.2 The Arbitral Tribunal shall fix the date, time and physical place of any meetings and hearings in the arbitration, and shall give the parties reasonable notice thereof.

19.3 The Arbitral Tribunal may in advance of any hearing submit to the parties a list of questions which it wishes them to answer with special attention.

19.4 All meetings and hearings shall be in private unless the parties agree otherwise in writing or the Arbitral Tribunal directs otherwise.

19.5 The Arbitral Tribunal shall have the fullest authority to establish time-limits for meetings and hearings, or for any parts thereof.

Article 20 Witnesses

20.1 Before any hearing, the Arbitral Tribunal may require any party to give notice of the identity of each witness that party wishes to call (including rebuttal witnesses), as well as the subject matter of that witness's testimony, its content and its relevance to the issues in the arbitration.

20.2 The Arbitral Tribunal may also determine the time, manner and form in which such materials should be exchanged between the parties and presented to the Arbitral Tribunal; and it has a discretion to allow, refuse, or limit the appearance of witnesses (whether witness of fact or expert witness).

20.3 Subject to any order otherwise by the Arbitral Tribunal, the testimony of a witness may be presented by a party in written form, either as a signed statement or as a sworn affidavit.

20.4 Subject to Article 14.1 and 14.2, any party may request that a witness, on whose testimony another party seeks to rely, should attend for oral questioning at a hearing before the Arbitral Tribunal. If the Arbitral Tribunal orders that other party to produce the witness and the witness fails to attend the oral hearing without good cause, the Arbitral Tribunal may place such weight on the written testimony (or exclude the same altogether) as it considers appropriate in the circumstances of the case.

20.5 Any witness who gives oral evidence at a hearing before the Arbitral Tribunal may be questioned by each of the parties under the control of the Arbitral Tribunal. The Arbitral Tribunal may put questions at any stage of his evidence.

20.6 Subject to the mandatory provisions of any applicable law, it shall not be improper for any party or its legal representatives to interview any witness or potential witness for the purpose of presenting his testimony in written form or producing him as an oral witness.

20.7 Any individual intending to testify to the Arbitral Tribunal on any issue of fact or expertise shall be treated as a witness under these Rules notwithstanding that the individual is a party to the arbitration or was or is an officer, employee or shareholder of any party.

Article 21 Experts to the Arbitral Tribunal

21.1 Unless otherwise agreed by the parties in writing, the Arbitral Tribunal:

(a) may appoint one or more experts to report to the Arbitral Tribunal on specific issues, who shall be and remain impartial and independent of the parties throughout the arbitration proceedings; and

(b) may require a party to give any such expert any relevant information or to provide access to any relevant documents, goods, samples, property or site for inspection by the expert.

21.2 Unless otherwise agreed by the parties in writing, if a party so requests or if the Arbitral Tribunal considers it necessary, the expert shall, after delivery of his written or oral report to the Arbitral Tribunal and the parties, participate in one or more hearings at which the parties shall have the opportunity to question the expert on his report and to present expert witnesses in order to testify on the points at issue.

21.3 The fees and expenses of any expert appointed by the Arbitral Tribunal under this Article shall be paid out of the deposits payable by the parties under Article 24 and shall form part of the costs of the arbitration.

Article 22 Additional Powers of the Arbitral Tribunal

22.1 Unless the parties at any time agree otherwise in writing, the Arbitral Tribunal shall have the power, on the application of any party or of its own motion, but in either case only after giving the parties a reasonable opportunity to state their views:

(a) to allow any party, upon such terms (as to costs and otherwise) as it shall determine, to amend any claim, counterclaim, defence and reply;

(b) to extend or abbreviate any time-limit provided by the Arbitration Agreement or these Rules for the conduct of the arbitration or by the Arbitral Tribunal's own orders;

(c) to conduct such enquiries as may appear to the Arbitral Tribunal to be necessary or expedient, including whether and to what extent the Arbitral Tribunal should itself take the initiative in identifying the issues and ascertaining the relevant facts and the law(s) or rules of law applicable to the arbitration, the merits of the parties' dispute and the Arbitration Agreement;

(d) to order any party to make any property, site or thing under its control and relating to the subject matter of the arbitration available for inspection by the Arbitral Tribunal, any other party, its expert or any expert to the Arbitral Tribunal;

(e) to order any party to produce to the Arbitral Tribunal, and to the other parties for inspection, and to supply copies of, any documents or classes of documents in their possession, custody or power which the Arbitral Tribunal determines to be relevant;

(f) to decide whether or not to apply any strict rules of evidence (or any other rules) as to the admissibility, relevance or weight of any material tendered by a party on any matter of fact or expert opinion; and to determine the time, manner and form in which such material should be exchanged between the parties and presented to the Arbitral Tribunal;

(g) to order the correction of any contract between the parties or the Arbitration Agreement, but only to the extent required to rectify any mistake which the Arbitral Tribunal determines to be common to the parties and then only if and to the extent to which the law(s) or rules of law applicable to the contract or Arbitration Agreement permit such correction; and

(h) to allow, only upon the application of a party, one or more third persons to be joined in the arbitration as a party provided any such third person and the applicant party have consented thereto in writing, and thereafter to make a single final award, or separate awards, in respect of all parties so implicated in the arbitration;

22.2 By agreeing to arbitration under these Rules, the parties shall be treated as having agreed not to apply to any state court or other judicial authority for any order available from the Arbitral Tribunal under Article 22.1, except with the agreement in writing of all parties.

22.3 The Arbitral Tribunal shall decide the parties' dispute in accordance with the law(s) or rules of law chosen by the parties as applicable to the merits of their dispute. If and to the extent that the Arbitral Tribunal determines that the parties have made no such choice, the Arbitral Tribunal shall apply the law(s) or rules of law which it considers appropriate.

22.4 The Arbitral Tribunal shall only apply to the merits of the dispute principles deriving from "ex aequo et bono", "amiable composition" or "honourable engagement" where the parties have so agreed expressly in writing.

Article 23 Jurisdiction of the Arbitral Tribunal

23.1 The Arbitral Tribunal shall have the power to rule on its own jurisdiction, including any objection to the initial or continuing existence, validity or effectiveness of the Arbitration Agreement. For that purpose, an arbitration clause which forms or was intended to form part of another agreement shall be treated as an arbitration agreement independent of that other agreement. A decision by the Arbitral Tribunal that such other agreement is non-existent, invalid or ineffective shall not entail ipso jure the non-existence, invalidity or ineffectiveness of the arbitration clause.

23.2 A plea by a Respondent that the Arbitral Tribunal does not have jurisdiction shall be treated as having been irrevocably waived unless it is raised not later than the Statement of Defence; and a like plea by a Respondent to Counterclaim shall be similarly treated unless it is raised no later than the Statement of Defence to Counterclaim. A plea that the Arbitral Tribunal is exceeding the scope of its authority shall be raised promptly after the Arbitral Tribunal has indicated its intention to decide on the matter alleged by any party to be beyond the scope of its authority, failing which such plea shall also be treated as having been waived irrevocably. In any case, the Arbitral Tribunal may nevertheless admit an untimely plea if it considers the delay justified in the particular circumstances.

23.3 The Arbitral Tribunal may determine the plea to its jurisdiction or authority in an award as to jurisdiction or later in an award on the merits, as it considers appropriate in the circumstances.

23.4 By agreeing to arbitration under these Rules, the parties shall be treated as having agreed not to apply to any state court or other judicial authority for any relief regarding the Arbitral Tribunal's jurisdiction or authority, except with the agreement in writing of all parties to the arbitration or the prior authorisation of the Arbitral Tribunal or following the latter's award ruling on the objection to its jurisdiction or authority.

Article 24 Deposits

24.1 The RNLPCA Court may direct the parties, in such proportions as it thinks appropriate, to make one or several interim or final payments on account of the costs of the arbitration. Such deposits shall be made to and held by the RNLPCA and from time to time may be released by the RNLPCA Court to the arbitrator(s), any expert appointed by the Arbitral Tribunal and the RNLPCA itself as the arbitration progresses.

24.2 The Arbitral Tribunal shall not proceed with the arbitration without ascertaining at all times from the Registrar or any deputy Registrar that the RNLPCA is in requisite funds.

24.3 In the event that a party fails or refuses to provide any deposit as directed by the RNLPCA Court, the RNLPCA Court may direct the other party or parties to effect a substitute payment to allow the arbitration to proceed (subject to any award on costs). In such circumstances, the party paying the substitute payment shall be entitled to recover that amount as a debt immediately due from the defaulting party.

24.4 Failure by a claimant or counterclaiming party to provide promptly and in full the required deposit may be treated by the RNLPCA Court and the Arbitral Tribunal as a withdrawal of the claim or counterclaim respectively.

Article 25 Interim and Conservatory Measures

25.1 The Arbitral Tribunal shall have the power, unless otherwise agreed by the parties in writing, on the application of any party:

(a) to order any respondent party to a claim or counterclaim to provide security for all or part of the amount in dispute, by way of deposit or bank guarantee or in any other manner and upon such terms as the Arbitral Tribunal considers appropriate. Such terms may include the provision by the claiming or counterclaiming party of a cross-indemnity, itself secured in such manner as the Arbitral Tribunal considers appropriate, for any costs or losses incurred by such respondent in providing security. The amount of any costs and losses payable under such cross-indemnity may be determined by the Arbitral Tribunal in one or more awards;

(b) to order the preservation, storage, sale or other disposal of any property or thing under the control of any party and relating to the subject matter of the arbitration; and

(c) to order on a provisional basis, subject to final determination in an award, any relief which the Arbitral Tribunal would have power to grant in an award, including a provisional order for the payment of money or the disposition of property as between any parties.

25.2 The Arbitral Tribunal shall have the power, upon the application of a party, to order any claiming or counterclaiming party to provide security for the legal or other costs of any other party by way of deposit or bank guarantee or in any other manner and upon such terms as the Arbitral Tribunal considers appropriate. Such terms may include the provision by that other party of a cross-indemnity, itself secured in such manner as the Arbitral Tribunal considers appropriate, for any costs and losses incurred by such claimant or counterclaimant in providing security. The amount of any costs and losses payable under such cross-indemnity may be determined by the Arbitral Tribunal in one or more awards. In the event that a claiming or counterclaiming party does not comply with any order to provide security , the Arbitral Tribunal may stay that party?s claims or counterclaims or dismiss them in an award.

25.3 The power of the Arbitral Tribunal under Article 25.1 shall not prejudice howsoever any party's right to apply to any state court or other judicial authority for interim or conservatory measures before the formation of the Arbitral Tribunal and, in exceptional cases, thereafter. Any application and any order for such measures after the formation of the Arbitral Tribunal shall be promptly communicated by the applicant to the Arbitral Tribunal and all other parties. However, by agreeing to arbitration under these Rules, the parties shall be taken to have agreed not to apply to any state court or other judicial authority for any order for security for its legal or other costs available from the Arbitral Tribunal under Article 25.2.

Article 26 The Award

26.1 The Arbitral Tribunal shall make its award in writing and, unless all parties agree in writing otherwise, shall state the reasons upon which its award is based. The award shall also state the date when the award is made and the seat of the arbitration; and it shall be signed by the Arbitral Tribunal or those of its members assenting to it.

26.2 If any arbitrator fails to comply with the mandatory provisions of any applicable law relating to the making of the award, having been given a reasonable opportunity to do so, the remaining arbitrators may proceed in his absence and state in their award the circumstances of the other arbitrator's failure to participate in the making of the award.

26.3 Where there are three arbitrators and the Arbitral Tribunal fails to agree on any issue, the arbitrators shall decide that issue by a majority. Failing a majority decision on any issue, the chairman of the Arbitral Tribunal shall decide that issue.

26.4 If any arbitrator refuses or fails to sign the award, the signatures of the majority or (failing a majority) of the chairman shall be sufficient, provided that the reason for the omitted signature is stated in the award by the majority or chairman.

26.5 The sole arbitrator or chairman shall be responsible for delivering the award to the RNLPCA Court, which shall transmit certified copies to the parties provided that the costs of arbitration have been paid to the RNLPCA in accordance with Article 28.

26.6 An award may be expressed in any currency. The Arbitral Tribunal may order that simple or compound interest shall be paid by any party on any sum awarded at such rates as the Arbitral Tribunal determines to be appropriate, without being bound by legal rates of interest imposed by any state court, in respect of any period which the Arbitral Tribunal determines to be appropriate ending not later than the date upon which the award is complied with.

26.7 The Arbitral Tribunal may make separate awards on different issues at different times. Such awards shall have the same status and effect as any other award made by the Arbitral Tribunal.

26.8 In the event of a settlement of the parties' dispute, the Arbitral Tribunal may render an award recording the settlement if the parties so request in writing (a "Consent Award"), provided always that such award contains an express statement that it is an award made by the parties' consent. A Consent Award need not contain reasons. If the parties do not require a consent award, then on written confirmation by the parties to the RNLPCA Court that a settlement has been reached, the Arbitral Tribunal shall be discharged and the arbitration proceedings concluded, subject to payment by the parties of any outstanding costs of the arbitration under Article 28.

26.9 All awards shall be final and binding on the parties. By agreeing to arbitration under these Rules, the parties undertake to carry out any award immediately and without any delay (subject only to Article 27); and the parties also waive irrevocably their right to any form of appeal, review or recourse to any state court or other judicial authority, insofar as such waiver may be validly made.

Article 27 Correction of Awards and Additional Awards

27.1 Within 30 days of receipt of any award, or such lesser period as may be agreed in writing by the parties, a party may by written notice to the Registrar (copied to all other parties) request the Arbitral Tribunal to correct in the award any errors in computation, clerical or typographical errors or any errors of a similar nature. If the Arbitral Tribunal considers the request to be justified, it shall make the corrections within 30 days of receipt of the request. Any correction shall take the form of separate memorandum dated and signed by the Arbitral Tribunal or (if three arbitrators) those of its members assenting to it; and such memorandum shall become part of the award for all purposes.

27.2 The Arbitral Tribunal may likewise correct any error of the nature described in Article 27.1 on its own initiative within 30 days of the date of the award, to the same effect.

27.3 Within 30 days of receipt of the final award, a party may by written notice to the Registrar (copied to all other parties), request the Arbitral Tribunal to make an additional award as to claims or counterclaims presented in the arbitration but not determined in any award. If the Arbitral Tribunal considers the request to be justified, it shall make the additional award within 60 days of receipt of the request. The provisions of Article 26 shall apply to any additional award.

Article 28 Arbitration and Legal Costs

28.1 The costs of the arbitration (other than the legal or other costs incurred by the parties themselves) shall be determined by the RNLPCA Court in accordance with the Schedule of Costs. The parties shall be jointly and severally liable to the Arbitral Tribunal and the RNLPCA for such arbitration costs.

28.2 The Arbitral Tribunal shall specify in the award the total amount of the costs of the arbitration as determined by the RNLPCA Court. Unless the parties agree otherwise in writing, the Arbitral Tribunal shall determine the proportions in which the parties shall bear all or part of such arbitration costs. If the Arbitral Tribunal has determined that all or any part of the arbitration costs shall be borne by a party other than a party which has already paid them to the RNLPCA, the latter party shall have the right to recover the appropriate amount from the former party.

28.3 The Arbitral Tribunal shall also have the power to order in its award that all or part of the legal or other costs incurred by a party be paid by another party, unless the parties agree otherwise in writing. The Arbitral Tribunal shall determine and fix the amount of each item comprising such costs on such reasonable basis as it thinks fit.

28.4 Unless the parties otherwise agree in writing, the Arbitral Tribunal shall make its orders on both arbitration and legal costs on the general principle that costs should reflect the parties' relative success and failure in the award or arbitration, except where it appears to the Arbitral Tribunal that in the particular circumstances this general approach is inappropriate. Any order for costs shall be made with reasons in the award containing such order.

28.5 If the arbitration is abandoned, suspended or concluded, by agreement or otherwise, before the final award is made, the parties shall remain jointly and severally liable to pay to the RNLPCA and the Arbitral Tribunal the costs of the arbitration as determined by the RNLPCA Court in accordance with the Schedule of Costs. In the event that such arbitration costs are less than the deposits made by the parties, there shall be a refund by the RNLPCA in such proportion as the parties may agree in writing, or failing such agreement, in the same proportions as the deposits were made by the parties to the RNLPCA.

Article 29 Decisions by the RNLPCA Court

29.1 The decisions of the RNLPCA Court with respect to all matters relating to the arbitration shall be conclusive and binding upon the parties and the Arbitral Tribunal. Such decisions are to be treated as administrative in nature and the RNLPCA Court shall not be required to give any reasons.

29.2 To the extent permitted by the law of the seat of the arbitration, the parties shall be taken to have waived any right of appeal or review in respect of any such decisions of the RNLPCA to any other court or other judicial authority.

Article 30 Confidentiality

30.1 Unless the parties expressly agree in writing to the contrary, the parties undertake as a general principle to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain - save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority.

30.2 The deliberations of the Arbitral Tribunal are likewise confidential to its members, save and to the extent that disclosure of an arbitrator's refusal to participate in the arbitration is required of the other members of the Arbitral Tribunal under Articles 10, 12 and 26.

30.3 The RNLPCA Court does not publish any award or any part of an award without the prior written consent of all parties and the Arbitral Tribunal.

Article 31 Exclusion of Liability

31.1 None of the RNLPCA, the RNLPCA Court (including its President, Vice-Presidents and individual members), the Registrar, any deputy Registrar, any arbitrator and any expert to the Arbitral Tribunal shall be liable to any party howsoever for any act or omission in connection with any arbitration conducted by reference to these Rules, save where the act or omission is shown by that party to constitute conscious and deliberate wrongdoing committed by the body or person alleged to be liable to that party.

31.2 After the award has been made and the possibilities of correction and additional awards referred to in Article 27 have lapsed or been exhausted, neither the RNLPCA, the RNLPCA Court (including its President, Vice-Presidents and individual members), the Registrar, any deputy Registrar, any arbitrator or expert to the Arbitral Tribunal shall be under any legal obligation to make any statement to any person about any matter concerning the arbitration, nor shall any party seek to make any of these persons a witness in any legal or other proceedings arising out of the arbitration.

Article 32 General Rules

32.1 A party who knows that any provision of the Arbitration Agreement (including these Rules) has not been complied with and yet proceeds with the arbitration without promptly stating its objection to such non-compliance, shall be treated as having irrevocably waived its right to object.

32.2 In all matters not expressly provided for in these Rules, the RNLPCA Court, the Arbitral Tribunal and the parties shall act in the spirit of these Rules and shall make every reasonable effort to ensure that an award is legally enforceable.