BIArb Arbitration Rules

  1. Scope of Application and Interpretation
    1. When the parties refers their dispute to BIArb for arbitration or to arbitrate in accordance with the BIArb Rules, it will be deemed that the parties have agreed to conduct the arbitration pursuant to and administered by BIArb in accordance with these Rules.
    2. These Rules shall govern the arbitration proceeding save to the extent that where any of these Rules contradicts with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.
    3. Nothing in these Rules shall prevent parties to a dispute or arbitration agreement from naming BIArb as appointing authority, or from requesting certain administrative services from BIArb, without subjecting the arbitration to the provisions contained in these Rules.
    4. In these Rules
      “Award” means a decision of the Arbitrator and includes, interlocutory, partial, interim or final award.
      “Arbitration Tribunal” means a sole arbitrator or more than one arbitrator appointed to perform the arbitration.
      “Claimant” means one or more claimants.
      “Respondent” means one or more respondents.
      “Additional Party” means one or more additional parties.
      “witness” means one or more witnesses.
      “expert” means one or more experts.
      “Claim” or “Counterclaim” means any claim or claims by any party against any other party.
      “defence” means any defence or defences by any party to any claim or counterclaim submitted by any other party, including any defence for the purpose of a set-off or cross-claim.
      “arbitration agreement” means one or more arbitration agreements.
      “Seat” means the place of arbitration as defined in Article 20.1 of the UNCITRAL Model Law on International Commercial Arbitration.
      “Court” means any court with jurisdiction in relation to arbitration proceedings.
      “written communications” means all notifications, proposals, pleadings, statements, documents, orders and awards that are produced, submitted or exchanged in the arbitration.
      “communication” means delivery, transmission or notification of a written communication by hand, registered post, courier service, facsimile, email or other means of telecommunication that provides a record of transmission.
      “President” means the President of BIArb and includes any Vice President and the Registrar.
      “Registrar” means the Registrar of the BIArb and includes any Deputy Registrar.
      “Rules “means the Arbitration Rules of BIArb include all Schedules attached thereto, as amended from time to time by BIArb, in force on the date the Notice of Arbitration is submitted.
    5. BIArb may from time to time issue practice notes and guidelines to supplement, regulate and implement these Rules in order to facilitate the administration of arbitrations governed by these Rules.
    6. English is the original language of these Rules. In the event of any discrepancy or inconsistency between the English version and the version in any other language, the English version shall prevail.
  2. Written Communications and Calculation of Time Limits
    1. For the purposes of these Rules, any notice, communication or proposal shall be in writing.
    2. Delivery or transmission of notice, communication or proposal can be done by hand, registered post, courier service, in the form of electronic mail and facsimile or by any other appropriate means that provides a record of its deliver.
    3. It shall be presumed that a notice, communication or proposal has been received if it is delivered:
      • to the addressee personally or to the authorized representative of the addressee;
      • to the addressee’s habitual residence, place of business or designated address;
      • to any address agreed by the parties;
      • according to the practice of the parties in prior dealings; or
      • if, after reasonable efforts, none of these can be found, then at the addressee’s last-  known residence or place of business.
    4. Any notice, communication or proposal shall be deemed to have been received on the day it is delivered.
    5. For the purpose of calculating any period of time under these Rules, such period shall begin to run from the next day when the notice, communication or proposal is deemed to have been received.
    6. 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.
    7. If the last day of the time limit is an official holiday or a non-business day at the place of receipt, the time limit shall be extended until the following business day. Official holidays or non-business days occurring during the running of the time limit shall be included in calculating the time limit.
    8. Any notice, communication or proposal concerning the arbitral proceedings shall be filed by the parties to the Registrar.
    9. Unless the parties, the arbitral tribunal or emergency arbitrator directs otherwise the BIArb may amend the time limit provided for in these Rules as well as any time limit that it has set, whether any such time limit have expired if the circumstances of the case so justify.
  3. Commencement of Arbitration/Notice of Arbitration
    1. A party wishing to commence an arbitration under these Rules (the “Claimant”) shall file with the Registrar and the other party a Notice of Arbitration.
    2. The Notice of Arbitration shall include the following:
      • a request that the dispute be referred to arbitration;
      • the names and (in so far as known) the addresses, facsimile numbers and/or email addresses of the parties and of their representatives;
      • a reference to the arbitration agreement and a copy of the arbitration agreement invoked;
      • a reference to the contract or other instrument  out of or in relation to which the dispute arises and, where possible, a copy of the contract or other instrument;
      • a brief statement describing the nature and circumstances of the dispute, specifying the relief claimed and, where possible, an initial quantification of the claim amount;
      • a statement of any matters which the parties have previously agreed as to the conduct of the arbitration or with respect to which the Claimant wishes to make a proposal;
      • a proposal as to the number of arbitrators (i.e. one or three), if the parties have not previously agreed thereon;
      • the Claimant’s proposal and any comments regarding the designation of the arbitrator;
      • the existence of any funding agreement and the identity of any third party funder;
      • confirmation that copies of the Notice of Arbitration and any supporting materials included with it have been or are being communicated simultaneously to the Respondent by one or more means of service to be identified in such confirmation;
      • any comment as to the language of the arbitration; and
      • payment of the requisite filing fee under these Rules.
    3. If the Notice of Arbitration does not comply with these Rules or if the Registration Fee is not paid, BIArb may request the Claimant to remedy the defect within a period set by BIArb. If the Claimant complies with such directions within the stipulated time limit, the arbitration shall be deemed to have commenced on the date the initial version was received by BIArb. If the Claimant fails to comply, the arbitration shall be deemed not to have commenced however the Claimant will have the liberty to submit the same claim at a later date in a subsequent Notice of Arbitration.
    4. Where an amendment is made to the Notice of Arbitration prior to the constitution of the arbitral tribunal, BIArb has discretion to determine whether and to what extent such amendment affects other time limits under the Rules.
    5. The Claimant shall notify, and lodge documentary verification with, BIArb of the date the Respondent receives the Notice of Arbitration and any supporting materials included with it.
  4. Response to the Notice of Arbitration
    1. Within 30 days from receipt of the Notice of Arbitration, the Respondent shall communicate a Response to the Notice of Arbitration to BIArb and the Claimant. It shall be submitted in two copies or such additional number as BIArb directs.
    2. The Response to the Notice of Arbitration shall include the following:
      • the name, address, facsimile number, and/ or email address of the Respondent and of its counsel (if different from the description contained in the Notice of Arbitration);
      • any plea that an Arbitral Tribunal constituted under these Rules does not have jurisdiction;
      • a confirmation or denial of all or part of the claims;
      • a brief statement describing the nature and circumstances of any counterclaim, specifying the relief claimed and, where possible, an initial quantification of the counterclaim amount any comment in response to any statements contained in the Notice of Arbitration or any comment with respect to the matters covered these Rules;
      • unless otherwise agreed by the parties, the nomination of an arbitrator if the arbitration agreement provides for three arbitrators or, if the arbitration agreement provides for a sole arbitrator, comments on the Claimant’s proposal for a sole arbitrator or a counter-proposal;
      • payment of the requisite filing fee under these Rules for any counterclaim;
      • the existence of any funding agreement and the identity of any third party funder; and
      • confirmation that copies of the Answer to the Notice of Arbitration and any supporting materials included with it have been or are being communicated simultaneously to all other parties to the arbitration by one or more means of service to be identified in such confirmation.
  5. Expedited Procedure:
    1. A party may file an application with the Registrar for the arbitration proceedings to be conducted in accordance with the Expedited Procedure under this Rules, prior the constitution of the Tribunal, provided that:
      • the amount in dispute representing the aggregate of any claim and counterclaim (or any set-off defence or cross-claim) does not exceed the amount set by BIArb, as stated on BIArb’s website on the date the Notice of Arbitration is submitted; or
      • the parties so agree; or
      • there is an exceptional urgency.
    2. Where a party wants to conduct arbitral proceedings in accordance with the expedited procedure it shall at the time of filing the application for the proceedings to be conducted in accordance with the Expedite Procedure with the Registrar, send a copy of the application to the other party and shall notify the Registrar that it has done so, specifying the mode of service employed and the date of service.
    3. When BIArb after taking into account all the aspects of the dispute, grants the application for the proceedings to be conducted in accordance with the Expedited Procedure under this Rules, the arbitral proceedings shall be conducted in accordance with the Expedited Procedure, subject to the following changes:
      • BIArb reserves the authority to shorten the time limits provided for in the Rules, as well as any time limits that it has set;
      • unless the arbitration agreement provides for three arbitrators, the case shall be referred to a sole arbitrator;
      • where the arbitration agreement makes provision for three arbitrators, BIArb shall invite the parties to agree to refer the case to a sole arbitrator. If the parties do not agree, the case shall be referred to three arbitrators;
      • after the submission of the response to the Notice of Arbitration, the parties shall be entitled to submit Statement of Claim and Statement of Defence (and Counterclaim) and Statement of Defence in reply to the Counterclaim (if applicable);
      • unless the arbitral tribunal decides that it is appropriate to hold one or more hearings, the arbitral tribunal shall decide the dispute on the basis of documentary evidence only;
      • the final Award shall be made within six months from the date when the Tribunal is constituted unless, in exceptional circumstances, the Registrar extends the time for making such final Award; and
      • unless the parties agrees that no reasons are required to be provided, the arbitral tribunal shall state the reasons upon which the award is based in summary form.
    4. By agreeing to arbitration under these Rules, the parties agree that, where arbitral proceedings are conducted in accordance with the Expedited Procedure, the rules and procedures set forth under the Expedited Procedure rules shall apply even in cases where the arbitration agreement contains contrary terms.
    5. Where a party makes an application to the Tribunal not to conduct the arbitration in accordance with the Expedited Procedure, the Tribunal may after giving the parties opportunity to be heard having regard to any further information as may subsequently become available, and in consultation with the Registrar order that the arbitral proceedings shall no longer be conducted in accordance with the Expedited Procedure. Where the Tribunal decides to grants such application, the arbitration shall continue to be conducted by the same Tribunal that was constituted to conduct the arbitration in accordance with the Expedited Procedure.
  6. Multiple Contracts:

    Claims arising out of or in connection with more than one contract may be made in a single arbitration, provided that:

    • a common question of law and/or fact arises under each arbitration agreement giving rise to the arbitration;
    • the relief claimed are in respect of, or arise out of, the same transaction or a series of related transactions; and
    • the arbitration agreements under which the claims are made are compatible.
  7. Consolidation of Arbitrations:
    1. Prior to the constitution of any Tribunal, a party may file an application with the Registrar to consolidate two or more arbitrations pending under these Rules into a single arbitration, provided that any of the following criteria is satisfied in respect of the arbitrations to be consolidated:
      • all parties have agreed to the consolidation;
      • all the claims in the arbitrations are made under the same arbitration agreement; or
      • the arbitration agreements are compatible, and: (i) the disputes arise out of the same legal relationship(s); (ii) the disputes arise out of contracts consisting of a principal contract and its ancillary contract(s); or (iii) the disputes arise out of the same transaction or series of transactions.
    2. In deciding whether to consolidate, BIArb may take into account any circumstances it considers to be relevant, including, but not limited to, whether one or more arbitrators have been appointed in more than one of the arbitrations and, if so, whether the same or different arbitrators have been appointed.
    3. An application for consolidation shall include:
      • the case numbers of the arbitrations sought to be consolidated;
      • the names, addresses, telephone numbers, facsimile numbers and electronic mail addresses, if known, of all parties and their representatives, if any, and any arbitrators who have been nominated or appointed in the arbitrations sought to be consolidated;
      • a reference to the arbitration agreement invoked and a copy of the arbitration agreement;
      • a reference of the contract or other instrument (e.g. investment treaty) out of or in relation to which the dispute arises and, where possible, a copy of the contract or other instrument;
      • where all the parties have agreed to consolidate, identification of the relevant agreement and, where possible, a copy of such agreement; and
      • a brief statement of the facts and legal basis supporting the application for consolidation.
    4. After the constitution of any Tribunal in the arbitrations sought to be consolidated, a party may apply to the Tribunal to consolidate two or more arbitrations pending under these Rules into a single arbitration, provided that any of the following criteria is satisfied in respect of the arbitrations to be consolidated:
      • all parties have agreed to the consolidation;
      • all the claims in the arbitrations are made under the same arbitration agreement, and the same Tribunal has been constituted in each of the arbitrations or no Tribunal has been constituted in the other arbitration(s); or
      • the arbitration agreements are compatible, the same Tribunal has been constituted in each of the arbitrations or no Tribunal has been constituted in the other arbitration(s), and: (i) the disputes arise out of the same legal relationship(s); (ii) the disputes arise out of contracts consisting of a principal contract and its ancillary contract(s); or (iii) the disputes arise out of the same transaction or series of transactions.
    5. Unless otherwise agreed by all parties when arbitrations are consolidated, they shall be consolidated into the arbitration that commenced first.
    6. Within 14 days of being notified of a decision by BIArb to consolidate two or more arbitrations, all parties may agree to the identity of all of the arbitrators to be appointed to the consolidated arbitration. Failing such agreement, BIArb shall revoke the appointment of any arbitrators already appointed and appoint each member of the Arbitral Tribunal and, if the Arbitral Tribunal is composed of three arbitrators, designate one of them to act as Chairperson. In making the appointments, BIArb shall have regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator.
    7. Where BIArb decides to consolidates arbitrations, the parties waive any objection to the validity and/or enforcement of any award made by the Arbitral Tribunal in the consolidated proceedings, in so far as such waiver can validly be made.
    8. The revocation of the appointment of an arbitrator is without prejudice to:
      • the validity of any act done or order made by the arbitrator before his or her appointment was revoked;
      • his or her entitlement to fees and expenses subject to Article 37 as applicable; and
      • the date when any claim or defence was raised for the purpose of applying any limitation bar or any similar rule or provision.
  8. Joinder of Additional Parties
    1. An application for addition of party can be filed before the Registrar by a party or non-party, to be joined in a continuing arbitration under these Rules as Claimant or a Respondent, provided that any of the following criteria is satisfied:
      • the additional party to be joined is prima facie bound by the arbitration agreement; or
      • all parties, including the additional party to be joined, have consented to the joinder of the additional party.
    2. A party wishing to join an additional party to the arbitration shall submit a Request for Joinder to BIArb within the time limit set by the BIArb for the submission of a Request for Joinder.
    3. Any decision taken by the Registrar is without prejudice to the arbitral tribunal’s power to decide any question as to its jurisdiction arising from such decision.
    4. A party wishing to join as an additional party shall communicate a Request for Joinder to BIArb, all the parties to the arbitration and to the confirmed or appointed arbitrators before the arbitral tribunal is constituted.
    5. Where a party wishes to join as an additional party after the constitution of the arbitral tribunal it shall communicate a Request for Joinder to the arbitral tribunal, BIArb and all other parties.
    6. Except in exceptional circumstances a Request for Joinder can only be raised no later than the stage of submitting the Statement of Defence.
    7. The Request for Joinder shall include the following:
      • the case reference of the existing arbitration;
      • the names and addresses, facsimile numbers and/or email addresses, if known, of each of the parties, including the additional party, their representatives and any arbitrators who have been confirmed or appointed in the arbitration;
      • a request that the additional party be joined to the arbitration;
      • a copy of the contract(s) or other legal instrument(s) out of or in relation to which the request arises, or reference thereto;
      • a statement of the facts supporting the request;
      • the points at issue;
      • the legal arguments supporting the request;
      • any relief or remedy sought;
      • the existence of any funding agreement and the identity of any third party funder pursuant to Article 43; and
      • a confirmation that copies of the Request for Joinder and any supporting materials included with it have been or are being communicated simultaneously to all other parties and any confirmed or appointed arbitrators, by one or more means of service to be identified in such confirmation.
    8. The additional party shall communicate an Answer to the Request for Joinder to BIArb, all other parties and any confirmed or appointed arbitrators within 15 days of receiving the Request for Joinder. The Answer to the Request for Joinder shall include the following:
      • the name, address, facsimile number and/or email address of the additional party and its representatives (if different from the description contained in the Request for Joinder);
      • any plea that the arbitral tribunal has been improperly constituted and/or lacks jurisdiction over the additional party;
      • the additional party’s comments on the particulars set forth in the Request for Joinder;
      • the additional party’s answer to any relief or remedy sought in the Request for Joinder;
      • details of any claims by the additional party against any other party to the arbitration;
      • the existence of any funding agreement entered into by the additional party and the identity of any third party funder pursuant to Article 43; and
      • a confirmation that copies of the Answer to the Request for Joinder and any supporting materials included with it have been or are being communicated simultaneously to all other parties and any confirmed or appointed arbitrators, by one or more means of service to be identified in such confirmation.
    9. The additional party shall submit to BIArb an Answer to the Request for Joinder within 15 days of receiving the Request for Joinder. The Answer to the Request for Joinder shall include the following:
      • the name, address, telephone and fax numbers, and email address of the additional party and its counsel (if different from the description contained in the Request for Joinder);
      • any plea that the Arbitral Tribunal has been improperly constituted and/or lacks jurisdiction over the additional party;
      • the additional party’s comments on the particulars set forth in the Request for Joinder, pursuant to Article 8.7(a) to (g);
      • the additional party’s answer to the relief or remedy sought in the Request for Joinder, pursuant to Article 8.7(h);
      • details of any claims by the additional party against any other party to the arbitration; and
      • a 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, where applicable, by one or more means of service to be identified in such confirmation.
    10. Where an additional party is joined to the arbitration, the arbitration against that additional party shall be deemed to have commenced on the day when BIArb or the arbitral tribunal, received the Request for Joinder.
    11. Where an additional party is joined to the arbitration, it shall be presumed that all the parties to the arbitration have waived their right to designate an arbitrator.
    12. Where an additional party is joined to the arbitration before the arbitral tribunal is constituted, BIArb may revoke any confirmation or appointment of an arbitrator, and shall appoint the arbitral tribunal with or without regard to any party’s designation.
    13. The revocation of the confirmation or appointment of an arbitrator is without prejudice to:
      • the validity of any act done or order made by that arbitrator before his or her confirmation or appointment was revoked;
      • his or her entitlement to be paid his or her fees and expenses subject to Article 37 as applicable; and
      • the date when any claim or defence was raised for the purpose of applying any limitation bar or any similar rule or provision.
    14. BIArb may adjust its Administrative Fees and the arbitral tribunal’s fees (where appropriate) after a Request for Joinder has been submitted.
  9. Number and Appointment of Arbitrators
    1. Where the parties have not previously agreed on the number of arbitrators, and if within 30 days after the receipt by the Respondent of the Notice of Arbitration the parties cannot agree, BIArb shall determine the number of arbitrators taking into account all relevant circumstances.
    2. Where a case is conducted under an Expedited Procedure the provisions of Expedited Procedure shall apply.
  10. Appointment of a Sole Arbitrator:
    1. Before the commencement of the arbitration if the parties agreed to refer the dispute to a sole arbitrator, they shall jointly designate the sole arbitrator within 30 days from the date the Notice of Arbitration was received by the Respondent.
    2. After the commencement of the arbitration if the parties agree to refer the dispute to a sole arbitrator, they shall jointly designate the sole arbitrator within 15 days from the date of that agreement.
    3. Where the parties have not agreed upon the number of arbitrators and BIArb has decided that the dispute shall be referred to a sole arbitrator, the parties shall jointly designate the sole arbitrator within 15 days starting from the date BIArb’s decision was received by them.
    4. BIArb shall appoint the sole arbitrator if the parties fail to designate the sole arbitrator within the applicable time limit.
    5. BIArb shall appoint the sole arbitrator where the parties have agreed on a different procedure for designating the sole arbitrator but such procedure does not result in a designation within a time limit agreed by the parties or set by BIArb, BIArb shall appoint the sole arbitrator.
  11. Appointment of Three Arbitrators
    1. Where before the commencement of arbitration the parties agrees to refer the dispute to three arbitrators each party shall designate one arbitrator in the Notice of Arbitration and the Answer to the Notice of Arbitration, respectively.
    2. After the commencement of arbitration if the parties agrees to refer the dispute to three arbitrators, the Claimant shall designate an arbitrator within 15 days from the date of that agreement, and the Respondent shall designate an arbitrator within 15 days from receiving notice of the Claimant’s designation.
    3. Where BIArb has decided the dispute shall be referred to three arbitrators due to the failure of the parties to agree upon the number of arbitrators, the Claimant shall designate one arbitrator within 15 days from receipt of BIArb’s decision, and the Respondent shall designate one arbitrator within 15 days from receiving notice of the Claimant’s designation.
    4. Where either party or both the parties fail to designate an arbitrator, BIArb shall appoint one arbitrator or both the arbitrators. The two arbitrators shall than choose the third arbitrator to act as the presiding arbitrator. Failing such designation within 30 days from the confirmation or appointment of the second arbitrator, BIArb shall appoint the presiding arbitrator.
  12. Multi-Party Appointment of Arbitrator(s)
    1. Where there are multiple Claimants or multiple Respondents, and a sole arbitrator is to be appointed, the parties may agree to jointly nominate the sole arbitrator. The President of BIArb shall appoint the sole arbitrator in the absence of such joint nomination having been made within 28 days of the date of commencement of the arbitration or within the period otherwise agreed by the parties or set by the Registrar.
    2. Where there are multiple Claimants or multiple Respondents and three arbitrators are to be appointed, the Claimant(s) shall jointly nominate one arbitrator and the Respondent(s) shall jointly nominate one arbitrator. The two arbitrators shall than choose the third arbitrator to act as the presiding arbitrator. If in case the arbitrators fail to nominate the presiding arbitrator within 28 days starting from the date of commencement of the arbitration or within the period otherwise agreed by the parties or set by the Registrar. The President of BIArb shall appoint the presiding arbitrator.
    3. Where the Claimant(s) and/or the Respondent(s) fails to jointly nominate arbitrator (s) within 28 days of the date of commencement of the arbitration or within the period agreed by the parties or set by the Registrar, the President of BIArb shall appoint the arbitrator (s). The third arbitrator, who shall be the presiding arbitrator shall be appointed by the arbitrators themselves. The President of BIArb shall appoint the presiding arbitrator, if the arbitrators fail to nominate the presiding arbitrator within 28 days of the date of commencement of the arbitration or within the period otherwise agreed by the parties or set by the Registrar.
  13. Qualifications of Arbitrator(s)
    1. Any arbitrator appointed in an arbitration under these Rules, whether or not nominated by the parties, shall be and remain at all times independent and impartial.
    2. While appointing an arbitrator under these Rules, the President shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations that are relevant to the impartiality or independence of the arbitrator.
    3. The President shall also take into account whether the arbitrator is capable to determine the case in a prompt and well-organized manner that is apposite given the nature of the arbitration.
    4. Before confirmation or appointment, a prospective arbitrator shall do the following:
      • make a declaration that he/she is available to decide the dispute and that he/she is impartial and independent; and
      • disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. Starting from the confirmation and throughout the arbitration, an arbitrator shall without any delay disclose any such circumstances to the parties unless such disclosure of the circumstances have already been informed to the parties.
    5. No party or its representatives shall have any ex parte communication relating to arbitration with an arbitrator, or with any candidate to be designated as arbitrator by a party, save to the extent that such communication is required to advise the candidate of the general nature of the dispute, to discuss the candidate’s qualifications, availability, impartiality or independence, or to discuss the suitability of candidates for the designation of a third arbitrator where the parties or party-designated arbitrators are to designate that arbitrator. No party or its representatives shall have any ex parte communication relating to the arbitration with any candidate for the presiding arbitrator.
  14. Challenge of Arbitrators and Notice of Challenge:
    1. An arbitrator can be challenged if circumstances exists that gives rise to justifiable doubts as to the arbitrator’s impartiality or independence or if the arbitrator does not possess any requisite qualification on which the parties have agreed.
    2. A party may challenge the arbitrator nominated by it only for reasons of which it becomes aware after the appointment has been made.
    3. Where there is a justifiable doubts as to the arbitrator’s impartiality or independence or if the arbitrator does not possess any requisite qualification on which the parties have agreed a party can challenge an arbitrator by sending a notice of its challenge within 15 days after the confirmation or appointment of that arbitrator has been communicated to the challenging party or within 15 days after that party became aware of the circumstances which gives rise to justifiable doubts.
    4. The notice of challenge shall state the reasons for the challenge and shall be communicated to the Registrar, all other parties, the challenged arbitrator and any other members of the arbitral tribunal.
    5. Until the challenge is resolved, the Registrar may order a suspension of the arbitral proceedings. The challenged arbitrator shall be entitled to continue to participate in the arbitration pending the determination of the challenge by the Court unless the Registrar orders the suspension of the arbitral proceedings.
    6. Where an arbitrator is challenged by a party, the other party may agree to the challenge, and the Court shall remove the arbitrator if all parties agree to the challenge. The challenged arbitrator may also voluntarily withdraw from office. In neither case does this imply acceptance of the validity of the grounds for the challenge.
    7. A substitute arbitrator shall be appointed in accordance with the procedure applicable to the nomination and appointment of the arbitrator, if an arbitrator is removed or withdraws from office.
    8. This procedure shall apply even if, during the process of appointing the challenged arbitrator, a party failed to exercise its right to nominate an arbitrator. The time limits applicable to the nomination and appointment of the substitute arbitrator shall commence from the date of receipt of the agreement of the other party to the challenge or the challenged arbitrator’s withdrawal from office.
  15. Decision on Challenge
    1. The court shall decide the challenge if within seven days of receipt of the notice of challenge, the other party does not agree to the challenge and the arbitrator who is being challenged does not withdraw voluntarily from office. The Court may request comments on the challenge from the parties, the challenged arbitrator and the other members of the Tribunal (or if the Tribunal has not yet been constituted, any appointed arbitrator), and set a schedule for such comments to be made.
    2. If the Court accepts the challenge to an arbitrator, the Court shall remove the arbitrator, and a substitute arbitrator shall be appointed in accordance with the procedure applicable to the nomination and appointment of the arbitrator being replaced. The time limits applicable to the nomination and appointment of the substitute arbitrator shall commence from the date of the Registrar’s notification to the parties of the decision by the Court.
    3. The challenged arbitrator shall continue with the arbitration, if the Court rejects the challenge to an arbitrator.
    4. The decision of the Court on any challenge to an arbitrator under this Rule shall be reasoned, unless otherwise agreed by the parties, and shall be issued to the parties by the Registrar. Such decision shall be final and not subject to appeal.
  16. Replacement of an Arbitrator
    1. If an arbitrator dies, has been challenged successfully, has been removed or resigned, a substitute arbitrator shall be appointed pursuant to the rules that were applicable to the appointment of the arbitrator being replaced.
    2. Where in any event an arbitrator refuses, fails to act or perform his functions in accordance with the Rules or within prescribed time limits, the procedure for challenge shall apply.
    3. The President may, at his own initiative and in his discretion, remove an arbitrator who refuses or fails to act or to perform his functions in accordance with the Rules or within prescribed time limits, or if the arbitrator does not conduct or participate in the arbitration with due diligence and/or in a manner that ensures the fair, expeditious, economical and final resolution of the dispute. Prior to removal of an arbitrator under this Rules, the president shall consult with the parties and the members of the Tribunal, including the arbitrator to be removed (or if the Tribunal has not yet been constituted, any appointed arbitrator).
  17. Repetition of Hearings in the Event of Replacement of an Arbitrator
    1. If the sole or presiding arbitrator is replaced, any hearings held previously shall be repeated unless otherwise agreed by the parties. If any other arbitrator is replaced the Tribunal shall have the discretion to repeat the hearing held previously after consulting with the parties.
    2. Where the Tribunal has issued an interim or partial Award, any hearings relating solely to that Award shall not be repeated, and the Award shall remain in effect.
  18. Conduct of the Proceedings
    1. Subject to these Rules, while holding it paramount that the parties should be treated equally and each party is given a reasonable opportunity to present its case the Arbitral Tribunal may conduct the arbitration in such manner as it considers appropriate.
    2. Subject to these Rules, the Arbitral Tribunal shall adopt suitable procedures for the conduct of the arbitration in order to avoid unnecessary delay or expense, having regard to the complexity of the issues and the amount in dispute, and provided that such procedures ensure equal treatment of the parties and afford the parties a reasonable opportunity to present their case.
    3. As soon as practicable after being appointed the Arbitral Tribunal shall hold a preliminary meeting with the parties in person or by telephone or other means and shall make a procedural timetable for the arbitration which may include provisional hearing dates. The Arbitral Tribunal may at any time after giving the parties an opportunity to present their views, extend or vary the procedural timetable. The Arbitral Tribunal shall raise for discussion with the parties the possibility of using other techniques to facilitate settlement of the dispute.
    4. All written communications between any party and the arbitral tribunal shall be communicated to all other parties and BIArb.
    5. A secretary may be appointed by the arbitral tribunal after consulting with the parties. The secretary shall remain at all times impartial and independent of the parties and shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence prior to his or her appointment. Once appointed and throughout the arbitration, the secretary shall disclose without delay any such circumstances to the parties unless the secretary has already disclosed that.
    6. In order to ensure the fair and efficient conduct of the arbitration the tribunal and the parties shall do everything necessary.
    7. The parties may be represented by persons of their choice. BIArb, the emergency arbitrator and the arbitral tribunal shall be communicated with the names, addresses, facsimile number and/or email addresses of the party representatives. The arbitral tribunal, emergency arbitrator or BIArb may require proof of authority of any party representatives.
    8. Any change or addition by a party to its legal representative after the tribunal is constituted shall be communicated promptly to all other parties, the arbitral tribunal and BIArb.
    9. Where after the commencement of arbitration the parties decides to pursue other means of settling their dispute BIArb, the arbitral tribunal may, at the request of any party, suspend the arbitration procedure, as applicable, on such terms as it considers appropriate. The arbitration procedure shall resume at the request of any party to BIArb or the arbitral tribunal.
    10. BIArb, the arbitral tribunal and the parties shall act in the spirit of these Rules in all matters not expressly provided for in these Rules.
    11. The arbitral tribunal shall make every reasonable effort to ensure that an award is valid.
  19. Statement of Claim
    1. The Statement of Claim shall be communicated by the Claimant to all other parties and to the arbitral tribunal within the time limit to be determined by the arbitral tribunal, unless the Claimant elects to treat the Notice of Arbitration as the Statement of Claim.
    2. The Statement of Claim shall include the following particulars:
      • a statement of the facts supporting the claim;
      • the points at issue;
      • the legal arguments supporting the claim; and
      • the relief or remedy sought.
    3. All supporting materials must be annexed by the Claimant with the Statement of Claim.
    4. The arbitral tribunal may vary any of the aforesaid requirements as it deems appropriate.
  20. Statement of Defence
    1. The Respondent shall communicate its Statement of Defence to all other parties and to the arbitral tribunal within a time limit to be determined by the arbitral tribunal, unless the Respondent elects to treat the Answer to the Notice of Arbitration as the Statement of Defence.
    2. The Statement of Defence of the Respondent shall reply to the particulars of the Statement of Claim. If the Respondent has raised an objection to the jurisdiction or to the proper constitution of the arbitral tribunal, the Statement of Defence shall contain the factual and legal basis of such objection.
    3. In case of a counterclaim, set-off defence or cross-claim, the Statement of Defence shall also include the following particulars:
      • a statement of the facts supporting the counterclaim, set-off defence or cross-claim;
      • the points at issue;
      • the legal arguments supporting the counterclaim, set-off defence or cross-claim; and
      • the relief or remedy sought.
    4. The Respondent shall annex to its Statement of Defence all supporting materials on which it relies.
    5. The arbitral tribunal may vary any of the aforesaid requirements as it deems appropriate.
  21. Amendments to the Claim or Defence
    1. A party may amend or supplement its claim or defence during the course of the arbitration, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the circumstances of the case. However, a claim or defence may not be amended in such a manner that the amended claim or defence falls outside the jurisdiction of the arbitral tribunal.
    2. BIArb may adjust its Administrative Fees and the arbitral tribunal’s fees (where appropriate) if a party amends its claim or defence.
  22. Seat and Venue of the Arbitration
    1. The parties may agree on the seat of arbitration. Where the seat of arbitration is not determined by the parties the seat of arbitration shall be Dhaka, unless having regard to the circumstances of the case the arbitral tribunal determines that another seat is more appropriate.
    2. Unless the parties have agreed otherwise, the arbitral tribunal may meet at any location outside of the seat of arbitration which it considers appropriate for consultation among its members, hearing witnesses, experts or the parties, or the inspection of goods, other property or documents. The arbitration shall nonetheless be treated for all purposes as an arbitration conducted at the seat.
  23. Language
    1. The language to be used in the arbitration shall be determined by the Tribunal unless otherwise agreed by the parties.
    2. If a party submits a document written in a language other than the language(s) of the arbitration, the Tribunal, or if the Tribunal has not been constituted, the Registrar, may order that party to submit a translation in a form to be determined by the Tribunal or the Registrar.
  24. Party Representatives
    1. Any party may be represented by legal practitioners or any other authorised representatives. The Registrar and/or the Tribunal may require proof of authority of any party representatives.
    2. After the constitution of the Tribunal, any change or addition by a party to its representatives shall be promptly communicated in writing to the parties, the Tribunal and the Registrar.
  25. Hearings
    1. Unless the parties have agreed on a documents-only arbitration or as otherwise provided in these Rules, the Tribunal shall, if either party so requests or the Tribunal so decides, hold a hearing for the presentation of evidence and/or for oral submissions on the merits of the dispute, including any issue as to jurisdiction.
    2. Upon consultation with the parties, the tribunal shall set the date, time and place of any meeting or hearing and shall give the parties reasonable notice.
    3. If without providing any sufficient cause a party fails to appear at a meeting or hearing the Tribunal may proceed with the arbitration and may make the Award based on the submissions and evidence before it.
    4. All meetings and hearings shall be in private, and any recordings, transcripts, or documents used in relation to the arbitral proceedings shall remain confidential unless otherwise agreed by the parties.
  26. Witness:
    1. Before any hearing, the Tribunal may require the parties to give notice of the identity of witnesses, including expert witnesses, whom the parties intend to produce, the subject matter of their testimony and its relevance to the issues.
    2. A witness who will be giving oral evidence at any hearing, the tribunal may allow, refuse or limit the appearance of witness.
    3. The Tribunal may determine the manner in which any witness who gives oral evidence may be questioned by each of the parties, their representatives and the Tribunal.
    4. Subject to the direction of the Tribunal the testimony of a witness can be presented in the written form, either as signed statements or sworn affidavits or any other form of recording. Any party may request that such a witness should attend for oral examination. Where the witness fails to attend the oral examination, the Tribunal may place such weight on the written testimony as it thinks fit, disregard such written testimony, or exclude such written testimony altogether.
    5. Prior to the appearance of a witness to give oral evidence at any hearing it will be permissible for a party or its representatives to interview any witness or potential witness (that may be presented by that party) prior to his appearance to give oral evidence at any hearing.
  27. Experts
    1. The Tribunal after consulting with the parties may appoint one or more experts to report to it, in writing, on specific issues to be determined by the Arbitral Tribunal, in order to assist the Tribunal to assess the evidence. The Arbitral Tribunal may meet privately with any tribunal-appointed expert. The Arbitral Tribunal shall establish terms of reference for the expert, and shall communicate a copy of the expert’s terms of reference to the parties and BIArb.
    2. Before accepting appointment the expert shall 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. The parties shall inform the Arbitral Tribunal whether they have any objections as to the expert’s qualifications, impartiality or independence, within the time set by the expert. Without any delay the Arbitral Tribunal shall decide whether to accept any such objections. After the appointment of the expert 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 in those circumstances.
    3. 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.
    4. Upon receipt of the expert’s report, the Arbitral Tribunal shall send a copy of the report to the parties who shall have the opportunity to express their opinions on the report (in writing). The parties shall be entitled to examine any document on which the expert has relied in his or her report.
    5. After delivery of the report the expert shall attend a hearing at the request of either party, where the parties shall have the opportunity to examine the expert. At this hearing either party may present expert witnesses in order to testify on the points at issue.
  28. Powers of the Tribunal

    In addition to the other powers specified in these Rules, and except as prohibited by the mandatory rules of law applicable to the arbitration, the Tribunal shall have the power to:

    • order the correction or rectification of any contract, subject to the law governing such contract;
    • except as provided in these Rules, extend or abbreviate any time limits prescribed under these Rules or by its directions;
    • conduct such enquiries as may appear to the Tribunal to be necessary or expedient;
    • order the parties to make any property or item in their possession or control available for inspection;
    • order the preservation, storage, sale or disposal of any property or item which is or forms part of the subject matter of the dispute;
    • order any party to produce to the Tribunal and to the other parties for inspection, and to supply copies of, any document in their possession or control which the Tribunal considers relevant to the case and material to its outcome;
    • issue an order or Award for the reimbursement of unpaid deposits towards the costs of the arbitration;
    • direct any party or person to give evidence by affidavit or in any other form;
    • direct any party to take or refrain from taking actions to ensure that any Award which may be made in the arbitration is not rendered ineffectual by the dissipation of assets by a party or otherwise;
    • order any party to provide security for legal or other costs in any manner the Tribunal thinks fit;
    • order any party to provide security for all or part of any amount in dispute in the arbitration;
    • proceed with the arbitration notwithstanding the failure or refusal of any party to comply with these Rules or with the Tribunal’s orders or directions or any partial Award or to attend any meeting or hearing, and to impose such sanctions as the Tribunal deems appropriate in relation to such failure or refusal;
    • decide, where appropriate, any issue not expressly or impliedly raised in the submissions of a party provided such issue has been clearly brought to the notice of the other party and that other party has been given adequate opportunity to respond;
    • determine the law applicable to the arbitral proceedings; and
    • determine any claim of legal or other privilege.
  29. Jurisdiction of the Arbitral Tribunal
    1. The arbitral tribunal may rule on its own jurisdiction under these Rules, along with any objections with respect to the existence, validity or scope of the arbitration agreement.
    2. The arbitral tribunal shall have the power to determine the existence or validity of any contract of which an arbitration agreement forms a part. For the purposes of this provision regarding Jurisdiction of the Arbitral Tribunal, an arbitration agreement which forms part of a contract, and which provides for arbitration under these Rules, shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not necessarily entail the invalidity of the arbitration agreement.
    3. A plea that the arbitral tribunal does not have jurisdiction shall be raised in the Answer to the Notice of Arbitration, and if not possible during that time than no later than in the Statement of Defence, or, in the Defence to the Counterclaim with respect to a counterclaim. A party is not prohibited from raising such a plea by the fact that it has selected or appointed, or participated in the selection or appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the capacity of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitration. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.
    4. If a question arises as to:
      • the subsistence, legality or scope of the arbitration agreement; or
      • whether all of the claims have been properly made in a single arbitration; or
      • the ability of BIArb to administer an arbitration; before the constitution of the arbitral tribunal, the arbitration shall proceed and any such question shall be decided by the arbitral tribunal once constituted.
    5. The arbitration shall proceed only if and to the extent that BIArb is satisfied, prima facie, that an arbitration agreement under the Rules may exist or the arbitration has been properly commenced. Any question as to the jurisdiction of the arbitral tribunal shall be decided by the arbitral tribunal once constituted.
    6. BIArb’s decision is without prejudice to the admissibility or merits of any party’s claim or defence.
  30. Early Dismissal of Claims and Defences
    1. A party may apply to the Tribunal for the early dismissal of a claim or defence on the basis that:
      • a claim or defence is palpably without legal merit; or
      • a claim or defence is manifestly outside the authority of the Tribunal.
    2. An request for the early dismissal of a claim or defence under shall state in detail the facts and legal basis supporting the application. The party applying for early dismissal shall, at the same time as it files the application with the Tribunal, send a copy of the application to the other party, and shall notify the Tribunal that it has done so, specifying the mode of service employed and the date of service.
    3. The Tribunal may, in its judgment, allow the application for the early dismissal of a claim or defence under Rule 29.1 to proceed. If the application is allowed to continue the Tribunal shall, after giving the parties the chance to be heard, decide whether to grant, in whole or in part, the application for early dismissal.
    4. If the application is approved to proceed, the Tribunal shall make an order or Award on the submission, with reasons, which may be in summary form. The order or Award shall be made within 60 days starting from the date of filing of the application, unless, the Registrar extends the time, in exceptional circumstances.
  31. Interim and Emergency Interim Relief
    1. The Tribunal may, at the request of a party, issue an order or an Award granting an injunction or any other interim relief it deems appropriate. The Tribunal may order the party requesting interim relief to provide appropriate security in relation to the relief sought.
    2. A party that wishes to seek emergency interim relief prior to the formation of the Tribunal may apply for such relief.
    3. A request for interim relief made by a party to a judicial authority prior to the constitution of the Tribunal, or in exceptional circumstances thereafter, is not incompatible with these Rules.
  32. Applicable Law, Amiable Compositeur Ex Aequo et Bono
    1. The Tribunal shall apply the law or rules of law chosen by the parties as appropriate to the substance of the dispute. Failing such designation by the parties, the Tribunal shall apply the law or rules of law which it determines to be suitable.
    2. The Tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have specifically authorised it to do so.
    3. In all cases, the Tribunal shall decide in accordance with the terms of the contract, if any, and shall take into account any applicable usage of trade.
  33. Award
    1. The Tribunal shall, as quickly as possible, after discussing with the parties and upon being satisfied that the parties have no further relevant and material evidence to produce or plea to make with respect to the matters to be decided in the Award, pronounce the proceedings closed. The Tribunal’s declaration that the proceedings are closed shall be communicated to the parties and to the Registrar.
    2. The Tribunal may, on its own motion or upon application of a party but before any Award is made, re-open the proceedings. The Tribunal’s verdict that the proceedings are to be re-opened shall be communicated to the parties and to the Registrar. The Tribunal shall close any re-opened proceedings.
    3. Before making any Award, the Tribunal shall submit such Award in draft form to the Registrar. Unless the Registrar extends the period of time or unless otherwise agreed by the parties, the Tribunal shall submit the draft Award to the Registrar within 45 days starting from the date on which the Tribunal declares the proceedings closed. The Registrar may, as soon as practicable, suggest modifications as to the form of the Award and, without affecting the Tribunal’s liberty to decide the dispute, draw the Tribunal’s attention to points of substance. No Award shall be made by the Tribunal until it has been approved by the Registrar as to its form.
    4. The Award shall be in writing and shall state the reasons upon which it is based unless the parties have decided that no reasons are to be provided.
    5. Unless otherwise agreed by the parties, the Tribunal may make separate Awards on different issues at different times.
    6. Having been given a reasonable opportunity if any arbitrator fails to cooperate in the making of the Award the remaining arbitrators may proceed. A written notice of refusal or failure shall be presented by the remaining arbitrators to the Registrar, the parties and the absent arbitrator. In deciding whether to proceed with the arbitration in the absence of an arbitrator, the remaining arbitrators may take into account, among other things, the stage of the arbitration, any explanation provided by the absent arbitrator for his refusal to participate and the effect, if any, upon the enforceability of the Award should the remaining arbitrators proceed without the absent arbitrator. The remaining arbitrators shall explain in any Award made the reasons for proceeding without the absent arbitrator.
    7.  Where there is more than one arbitrator, the Tribunal shall decide by a majority. Failing a majority decision, the presiding arbitrator alone shall make the Award for the Tribunal.
    8. The Award shall be delivered to the Registrar, who shall convey certified copies to the parties upon full settlement of the cost of arbitration.
    9. The Tribunal may award simple or compound interest on any sum which is the subject matter of the arbitration at such rates as the parties may have decided or, in the absence of such agreement, as the Tribunal determines to be appropriate, in respect of any time which the Tribunal determines to be appropriate.
    10. The Tribunal may make a consent Award recording the settlement where there is a settlement and the parties also request for such. If the parties do not require a Consent Award, the parties shall confirm to the Registrar that a settlement has been reached, following which the Tribunal shall be discharged and the arbitration concluded upon full settlement of the costs of the arbitration.
    11. By agreeing to arbitration under these Rules, the parties agree that any Award shall be final and binding on the parties from the date it is made, and agree to carry out the Award instantaneously and without delay. The parties also irreversibly give up their rights to any form of appeal, review or recourse to any State court or other judicial authority with respect to such Award insofar as such waiver may be validly made.
    12. BIArb may, with the consent of the parties and the Tribunal, publish any Award with the names of the parties and other identifying information redacted.
  34. Correction of Awards
    1. A party may, by written notice to the Registrar and the other party, within 30 days of receipt of an Award request the Tribunal to correct in the Award any error in computation, any clerical or typographical error or any error of a similar nature. If the Tribunal considers the request to be justified, it shall make the correction within 30 days of receipt of the request. Any correction, made in the original Award or in a separate memorandum, shall constitute part of the Award.
    2. The arbitral tribunal may make such corrections on its own initiative within 30 days after the date of the award.
    3. The arbitral tribunal has the authority to make any additional correction to the award which is necessitated by or consequential on (a) the interpretation of any point or part of the award; or (b) the issue of any additional award, such corrections shall be in writing.
  35. Additional Awards
    1. A party may, by written notice to the Registrar and the other party within 30 days of receipt of an Award, request the Tribunal to make an additional Award as to claims presented in the arbitration but not dealt with in the Award. Within 45 days of receipt of the request if the Tribunal considers the request to be justified, it shall make the additional Award.
    2. The arbitral tribunal has the power to make a supplementary award which is necessitated by or consequential on (a) the correction of any error in the award; or (b) the interpretation of any point or part of the award.
  36. Interpretation of Awards
    1. A party may, by written notice to the Registrar and the other party, within 30 days of receipt of an Award, request that the Tribunal to provide an interpretation of the Award. Within 45 days after receipt of the request if the Tribunal considers the request to be justified, it shall provide the interpretation in writing. The interpretation shall form part of the Award.
    2. The arbitral tribunal has the power to give any further interpretation of the award which is necessitated by or consequential on (a) the correction of any error in the award; or (b) the issue of any additional award.
  37. Fees and Deposits
    1. The fee of the Tribunal and BIArb shall be ascertained in accordance with the Schedule of Fees in force at the time of commencement of the arbitration. The parties may agree to alternative methods of determining the Tribunal’s fees prior to the constitution of the Tribunal.
    2. The Registrar shall fix the sum of deposits payable towards the expenses of the arbitration. 50% of such deposits shall be payable by the Claimant and the remaining 50% of such deposits shall be payable by the Respondent unless the Registrar directs otherwise. The Registrar may fix separate deposits on costs for claims and counterclaims, respectively.
    3. A provisional estimate of the costs of the arbitration shall be made by the Registrar where the amount of the claim or the counterclaim is not quantifiable at the time payment is due. Such estimate may be based on the nature of the controversy and the circumstances of the case. This estimate may be adjusted in light of such information as may subsequently become accessible.
    4. The Registrar may from time to time direct parties to make further deposits towards the costs of the arbitration.
    5. Parties are jointly and severally liable for the costs of the arbitration. If the other party fail to pay its share any party is free to pay the whole of the deposits towards the costs of the arbitration.
    6. If a party fails to pay the deposits directed by the Registrar either wholly or in part:
      • the Registrar may suspend BIArb’s administration of the arbitration and the Tribunal may suspend its work in whole or in part; and
      • the Registrar may, after consultation with the Tribunal (if constituted) and after informing the parties, set a time limit on the expiry of which the relevant claims or counterclaims shall be considered as withdrawn however the parties shall have the liberty to reintroducing the same claims or counterclaims in another proceeding.
    7. In all cases, the costs of the arbitration shall be finally determined by the Registrar at the conclusion of the proceedings. If the claim and/or counterclaim is not quantified, the Registrar in his discretion shall finally determine the costs of the arbitration. The Registrar shall have regard to all the circumstances of the case, including the stage of proceedings at which the arbitration concluded. If in any event the cost of the arbitration determined are less than the deposit made the parties shall be refunded as per their agreement, if in any case the parties fail to agree the refund shall be made in the same portion as the deposits were made.
    8. All deposits towards the costs of the arbitration shall be made to and held by BIArb. Any interest which may accrue on such deposits shall be retained by BIArb.
    9. In exceptional circumstances, the Registrar may direct the parties to pay an additional fee, in addition to that prescribed in the applicable Schedule of Fees, as part of BIArb’s administration fees.
  38. Cost of the Arbitration:
    1. The Tribunal shall specify in the Award the total amount of the costs of the arbitration unless otherwise agreed by the parties. The Tribunal shall determine in the Award the apportionment of the costs of the arbitration among the parties, unless otherwise agreed by the parties.
    2. The term “costs of the arbitration” includes:
      • the Tribunal’s fees and expenses and the Emergency Arbitrator’s fees and expenses, where applicable;
      • BIArb’s administration fees and expenses; and
      • the costs of any expert appointed by the Tribunal and of any other assistance reasonably required by the Tribunal.
  39. Tribunal’s Fees, Expenses and Other Costs
    1. The fees of the Tribunal shall set by the Registrar in accordance with the prevailing Schedule of Fees or, if applicable, with the process agreed by the parties and the phase of the proceedings at which the arbitration concluded. In extraordinary circumstances, the Registrar may determine that an additional fee over that prescribed in the applicable Schedule of Fees shall be paid.
    2. The Tribunal’s rational out-of-pocket expenses necessarily incurred and other allowances shall be reimbursed in accordance with the applicable Practice Note.
    3. The Tribunal shall have the authority to order in its Award that all or a part of the legal or other costs of a party be paid by another party.
  40. Confidentiality:
    1. Any person appointed by the Tribunal, including any administrative secretary and any expert, any arbitrator, any directors, officers and employees of BIArb, the President, members of the Court shall not be liable to any person for any negligence, act or omission in connection with any arbitration administered by BIArb in accordance with these Rules.
    2. BIArb, including the President, directors, officers, employees or any arbitrator, members of the Court, any Emergency Arbitrator, and any person appointed by the Tribunal, including any administrative secretary and any expert, shall not be under any duty to make any statement in connection with any arbitration administered by BIArb in accordance with these Rules.
    3. No party shall seek to make the President, directors, officers, employees or any arbitrator, members of the Court, any Emergency Arbitrator, and any person appointed by the Tribunal, including any administrative secretary and any expert, act as a witness in any legal proceedings in connection with any arbitration administered by BIArb in accordance with these Rules.
  41. Decisions of the President, the Court and the Registrar
    1. Except as provided in these Rules, the decisions of the President, the Court and the Registrar with respect to all matters relating to an arbitration shall be final and binding upon the parties and the Tribunal. The President, the Court and the Registrar shall not be required to give reasons for such decisions, unless the Court determines otherwise or as may be provided in these Rules. The parties agree that the discussions and deliberations of the Court are without prejudice.
    2. The parties waive any right of appeal or review in respect of any decisions of the President, the Court and the Registrar to any State court or other judicial authority.
  42. General Provisions:
    1. Any party that proceeds with the arbitration without raising any objection to a failure to comply with any provision of these Rules, or of any other rules applicable to the proceedings, any direction given by the Tribunal, or any requirement under the arbitration agreement relating to the constitution of the Tribunal or the conduct of the proceedings, shall be deemed to have waived its right to object.
    2. In all matters not specifically provided for in these Rules, the President, the Court, the Registrar and the Tribunal shall act in the spirit of these Rules and shall make every reasonable endeavour to make sure the fair, expeditious and cost-effective conclusion of the arbitration and the enforceability of any Award.
    3. In the event of any incongruity or variation between the English version of these Rules and any other languages in which these Rules are published, the English version shall prevail.
  43. Third Party Funding of Arbitration:
    1. In case of existence of a funding agreement, the funded party shall serve written notice to all the parties, the tribunal, the emergency arbitrator and BIArb stating:
      • the fact that a funding agreement has been executed; and
      • the identity of the third party.
    2. Where the agreement for funding have been executed before the commencement of the arbitration the notice referred to in Article 43.1 must be communicated in the application for appointment of an emergency arbitrator, the Notice of Arbitration, the answer to the Notice of Arbitration, the request for Joinder or the Answer to the Request for Joinder.
    3. Where the agreement for funding have been executed after the commencement of arbitration the notice referred to in Article 43.1 must be communicated as soon as practicable after the funding agreement is executed.
    4. Any funded party shall disclose any changes to the information referred to in Article 43.1 that occurs after the initial disclosure.
  44. Emergency Arbitrator:
    1. A party that wishes to seek emergency interim relief may, concurrent with or following the filing of a Notice of Arbitration but preceding to the formation of the Tribunal, file an application for emergency interim relief with the Registrar. The party shall, at the same time as it files the application for emergency interim relief, send a copy of the application to all other parties. The application for emergency interim relief shall include:
      • the nature of the relief sought;
      • the reasons why the party is entitled to such relief; and
      • a statement certifying that all other parties have been supplied with a copy of the application or, if not, an enlightenment of the steps taken in good faith to provide a copy or notification to all other parties.
    2. Any application for emergency interim relief shall be accompanied by payment of the non-refundable administration fee and the mandatory deposits under these Rules towards the Emergency Arbitrator’s fees and expenses for proceedings pursuant to the schedule of fees. In apposite cases, the Registrar may increase the amount of the deposits requested from the party making the application. If the additional deposits are not paid within the time limit set by the Registrar, the application shall be considered as withdrawn.
    3. The President shall seek to appoint an Emergency Arbitrator within one day of receipt by the Registrar of such application and payment of the administration fee and deposits, if he determines that BIArb should allow the application for emergency interim relief.
    4. If the parties have agreed on the seat of the arbitration, such seat shall be the seat of the proceedings for emergency interim relief. Failing such an agreement, the seat of the proceedings for emergency interim relief shall be Dhaka.
    5. Prior to accepting appointment, a prospective Emergency Arbitrator shall reveal to the Registrar any circumstances that may give rise to reasonable doubts as to his neutrality or freedom. Any challenge to the appointment of the Emergency Arbitrator must be made within two days of the communication by the Registrar to the parties of the appointment of the Emergency Arbitrator and the circumstances disclosed.
    6. Unless otherwise agreed by the parties an Emergency Arbitrator may not act as an arbitrator in any future arbitration relating to the dispute.
    7. The Emergency Arbitrator shall, as soon as possible but, in any event, within two days of his engagement, establish a schedule for consideration of the application for emergency interim relief. Such schedule shall provide a reasonable opportunity for the parties to be heard, but may provide for proceedings by telephone or video conference or on written submissions as alternatives to a hearing in person. The Emergency Arbitrator shall have the powers vested in the Tribunal pursuant to these Rules, including the authority to rule on his own jurisdiction, without prejudice to the Tribunal’s determination.
    8. The Emergency Arbitrator shall have the power to order or award any interim relief that he deems indispensable, together with preliminary orders that may be made awaiting any hearing, telephone or video conference or written submissions by the parties. The Emergency Arbitrator shall give summary reasons for his decision in writing. The Emergency Arbitrator may vary or vacate the preliminary order, the interim order or Award for good reason.
    9. The Emergency Arbitrator shall make his interim order or Award within 14 days starting from the date of his appointment unless, in exceptional circumstances, the Registrar extends the time. No interim order or Award shall be made by the Emergency Arbitrator until it has been approved by the Registrar as to its form.
    10. The Emergency Arbitrator shall have no authority to proceed after the Tribunal is constituted. The Tribunal may reconsider, mutate or vacate any interim order or Award issued by the Emergency Arbitrator, including a ruling on his own jurisdiction. The Tribunal is not bound by the reasons provided by the Emergency Arbitrator. Any interim order or Award issued by the Emergency Arbitrator shall, in any event, no longer be binding if the Tribunal is not formed within 90 days of such order or Award or when the Tribunal makes a final Award or if the claim is withdrawn.
    11. Any interim order or Award by the Emergency Arbitrator may be conditioned on provision by the party seeking such relief of appropriate security.
    12. The parties agree that an order or Award passed by an Emergency Arbitrator shall be binding on the parties from the date it is made, and agree to carry out the interim order or Award immediately and without delay. The parties also irreversibly surrender their rights to any form of appeal, review or recourse to any State court or other judicial authority with respect to such Award insofar as such waiver may be validly made.
    13. These Rules shall apply as suitable to any proceeding taking into consideration the urgency of such a proceeding. The Emergency Arbitrator may decide in what method these Rules shall apply as appropriate, and his choice as to such matters is absolute and not subject to appeal, review or recourse.

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