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DIAC Arbitration Rules 2007

 

 

 

 Introductory Provisions
   
 

Article (1)
Definitions

1.1  

The following words and phrases shall have the meaning assigned thereto unless the context indicates otherwise:

 
"Claimant " means the party initiating an arbitration;

 

"DIAC Rules" Arbitration Rules of the Dubai International Arbitration Centre

 

"Arbitration Agreement" means an agreement in writing by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them; an Arbitration Agreement may be in the form of an arbitration clause or in the form of a separate contract;

 

"Claimant" means the party initiating an arbitration;

 

"Respondent" means the party against which the arbitration is initiated, as named in the Request for Arbitration;

 

"Tribunal" the arbitral tribunal and includes a sole arbitrator or all the arbitrators where more than one is appointed;

 

"Executive Committee" means the Executive Committee of the DIAC;

 

"Administrator" means the Director of the DIAC;

 

"Appendix - Cost of Arbitration" the provisions attached to the Rules that specify the fees and costs of arbitration. 

1.2 

Words used in singular include the plural and vice versa, as the context may require. Similarly, words such as claimant, respondent, arbitrator, representative and party shall be construed as gender-neutral.

 

 

 

Article (2)
Scope

2.1

Where the parties have agreed in writing to submit their future or existing disputes to arbitration under the DIAC Rules they shall be deemed to have submitted to arbitration in accordance with the following rules ("the Rules") being those in effect on the date of commencement of the arbitration proceedings or such amended rules as may have been adopted hereafter, unless they have expressly agreed to submit to the Rules in effect on the date of their arbitration agreement.

2.2

These Rules shall govern the arbitration and shall be considered as supplementary to any agreement in writing referred to in Article 2 (1) above, except that, where any of these Rules are in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.

 

 

 

Article (3)
Written Notifications or Communications; Time Limits

3.1

All communications from any party or arbitrator to the Centre shall be addressed to the Administrator.

3.2

Any notice, documentation or other communication submitted by any party to the Centre shall be sent in a number of copies equal to the number required to provide one copy for each arbitrator, one copy for the other party or parties and one for the Centre until such time as the Tribunal is constituted.

3.3

After the notification by the Centre of the establishment of the Tribunal, all communications between the Tribunal and the parties shall take place directly between them (with simultaneous copies to the Centre).

3.4

For the purpose of these Rules all notifications, statements and other communications as well as all documentation annexed thereto shall be directed to the addresses of the parties provided by them to the Centre and shall be deemed to have been received if physically delivered to the addressee or its representative at his habitual residence, place of business, mailing address, or if none of these can be found after making reasonable inquiry then at the addressees last known residence or place of business.

3.5

Such notification or communication shall be in writing and shall be delivered by registered post or courier service or transmitted by facsimile transmission, telex, telegram, email or any other means of telecommunication that provides a record of transmission.

3.6

A notification or other communication shall be deemed to have been made on the day it is received or, in the case of telecommunications, transmitted in accordance with the preceding paragraph, so long as it is received or transmitted before 6 pm in the country in which the communication was received, otherwise it shall be deemed to have been received on the following day.

3.7

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 or deemed to be 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 the period.

3.8

The Tribunal shall send to the Centre a copy of each order, award or other decision that it makes.

 
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