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DIAC Arbitration Rules 2007

 

 

 

 Miscellaneous

 

 

Article (39)
Settlement or Other Grounds for Termination

39.1 

If, before the award is made, the parties agree on a settlement of the dispute, the Tribunal shall terminate the arbitration and, if requested jointly by the parties, record the settlement in the form of a written consent award. Such award contains a statement that it is an award made by the parties' consent.

39.2 

The consent award, or the order for termination of the arbitration, shall be signed by the Tribunal and shall be communicated by the Tribunal to the Centre in a number of originals sufficient to provide one for each party, the Tribunal and the Centre. The Centre shall formally communicate an original of the consent award or the order for termination to each party and the Tribunal.

 
 

Article (40)
Liability

 

No member of the Tribunal or of the Executive Committee, nor the Centre and its employees, nor any expert to the Tribunal shall be liable to any person for any act or omission in connection with the arbitration.

 
 

Article (41)
Confidentiality

41.1 

Unless all parties expressly agree in writing to the contrary, the parties undertake as a general principle to keep confidential all awards and orders 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.

41.2

The deliberations of the Tribunal are likewise confidential to its members, except where an explanation of an arbitrator's refusal to participate in the arbitration is required of the other members of the Tribunal under Articles 13, 14 and 15 of the Rules.

 
 

Article (42)
Amending the Appendix - Cost of Arbitration

 

The Board of Trustees, on the bases of a proposal by the Executive Committee, may from time to time amend the provisions of the Appendix - Costs of Arbitration.

 
 

Article (43)
General Rule

 

In all matters not expressly provided for in these Rules, the Centre, the Tribunal and the parties shall act in the spirit of these Rules and shall make reasonable efforts to attain the Award is enforceable at law.

 
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