Rules For International Arbitration

Approved 15 April 1994 In force 30 September 1994

Article 1 COURT OF ARBITRATION AND ACTIVITY OF THE A.I.A. IN THE CARRYING OUT OF ARBITRAL PROCEEDINGS

1. A Court of Arbitration is established within the Italian Association for Arbitration (Associazione Italiana per l'Arbitrato - “A.I.A.”).
The court does not settle disputes: it administers arbitration proceedings in conformity with these Rules.
Moreover, at the request of the parties, the Court, using these Rules as a model in establishing the regulations for the proceedings or using regulations established expressly for the purpose, shall administer arbitraggi, contractual expertises, attempts at conciliation and other proceedings having similar purposes, and shall carry out the other functions specified in these Rules.
2. At the request of the parties, the Court shall perform the functions of appointing authority for the application of the Rules of arbitration of the United Nations Commission on International Trade Law (UNCITRAL).[page]
When requested to do so, the Court may assist the parties and the arbitrator in commencing and conducting the proceedings in accordance with the UNCITRAL Arbitration Rules on the terms it shall establish in each case.
3. Where there exist strong reasons of expediency, the Court may decide to abstain from providing its assistance for the purposes mentioned above, without the need of giving its reasons therefor and without said action's affecting the validity of the agreements between the parties.
4. The court is made up of no fewer than three and no more than twelve members appointed by the A.I.A. Council which also appoints, among the Court's members, the Chairman and, where it considers it useful, one or more Vice-Chairmen. The members of the Court shall hold office for three years and may be reappointed. At the expiry of the term, each member shall remain in office for so long as it shall be necessary to complete the tasks assigned to the member on the basis of paragraph 5 below.
5. The tasks assigned to the Court in the Rules shall be carried out by the Chairman or by whoever acts in his stead or, upon decision of the Chairman, by the Court in plenary session with the participation of at least half of the members of the Court, or by one or several members of the Court.
6. The Court, in plenary session, shall decide by a vote of the majority of the members present. In the case of a draw vote, the vote of the Chairman or of whoever acts in his stead shall prevail.
7. Upon decision of the Chairman, the Court may decide by mail vote of the majority of its members. If the voting results in a draw, the Chairman's vote shall prevail.
8. Where outside the context of the A.I.A. Rules for Arbitration, the A.I.A. is requested to appoint an arbitrator or an expert or to carry out an activity complementary to arbitral proceedings, the Secretariat of the Court shall determine the fees taking into account the Schedule of arbitration costs.[page]

Article 2 PERMANENT COMMITTEE FOR URGENT MEASURES

1. A Permanent Committee for urgent measures is established within the A.I.A. with the task of issuing orders in accordance with Article 19 hereof in the period before the setting up of [the] arbitral tribunal.
2. The Committee is made up of three members appointed by the A.I.A. Council which shall also appoint a Chairman from among the members.
The members of the Committee shall remain in office for three years and may be reappointed. At the expiry of the term, each member shall remain in office for so long as it shall be necessary to complete his tasks relative to the questions pending before the Committee.
3. The functions of the Committee can be carried out by its Chairman or by the person acting in his stead or, upon decision of the Chairman, by the Committee in plenary session or by one of its members. The Committee, in plenary session, shall decide by majority vote.

Article 3 SECRETARIAT OF THE COURT[page]

The Secretariat, established at the headquarters of the A.I.A., shall be managed by a Secretary General. It shall assist the Court and the Permanent Committee in performing their functions and shall carry out the other tasks required in the application of these Rules.

Article 4 EFFECTS OF THE ARBITRATION AGREEMENT

1. The Court shall provide its services for the carrying out of arbitration proceedings which have been requested on the basis of an arbitration agreement (arbitration clause or submission to arbitration) which refers to an A.I.A. arbitration or when the parties make a joint written request for an A.I.A. arbitration.
2. In agreeing to submit to an A.I.A. arbitration, the parties undertake to execute the decisions of the arbitrator and not to institute proceedings before the ordinary courts.
3. Where an arbitration agreement is clearly absent or invalid or where the A.I.A. lacks authority in respect thereof, the Court shall inform the parties that the arbitration in accordance with these Rules cannot take place.[page]
4. Once the file has been transmitted to him, it is up to the arbitrator to decide whether he has jurisdiction or not.

Article 5 ABSENCE OF AN A.I.A. ARBITRATION AGREEMENT

If an agreement for arbitration does not exist between the parties or if the agreement does not refer to the A.I.A., the party with an interest in initiating an A.I.A. arbitration may make a request therefor in the request for arbitration, in accordance with the provisions of Article 6. If the acceptance of such a request together with the answer to the request for arbitration shall not reach the Secretariat within 60 days from the date on which the Secretariat shall have received the request, the Secretariat shall inform the parties that the A.I.A. arbitration cannot take place.

Article 6 REQUEST FOR ARBITRATION

[page]

1. Whoever wishes to have recourse to an A.I.A. arbitration shall submit to the Secretariat and to the other party its request together with the documents indicated below, according to the instructions and in the number of copies established in Article 9 and shall proceed, in accordance with the provisions of Article 11, to the payment of the registration fees established in the Schedule of arbitration costs.
2. The request shall contain:

(a) the names and addresses of the parties (in the case of a company or other organization: its name, type, registered office and legal representative);

(b) the text of the arbitration agreement, if it exists, or the invitation to the other party to accept an A.I.A. arbitration;

(c) the relevant particulars on the seat of the arbitration and on the number of arbitrators as well as the necessary information concerning the appointment of a single arbitrator or an arbitral tribunal in accordance with Article 12;

(d) the relevant information on the language of the arbitration, on the provisions applicable to the merits or the eventual request for a decision ex aequo et bono and on the modalities for the deliberation of the award;

(e) a statement of the facts and of the claims together with all documents useful to that end; [page]

(f) an indication of the evidence requested;

(g) a list of the documents annexed;

(h) the indication of the details of the transmission of the request to the other party;

(i) an indication of the details of the payment of the registration fees indicated in Article 11;

(l) the name and address of the representative in the arbitral proceedings with an indication of his powers and the name and address of counsel, if appointed;

(m) the choice of domicile for the purpose of the arbitral proceedings.

Article 7 ANSWER TO THE REQUEST; COUNTERCLAIM AND REPLY

1. [page]Except for the case at Article 5 above, the defendant has 30 days from the receipt of the request to communicate to the Secretariat and to the other party its answer, together with the documents attached in accordance with the instructions and in the number of copies provided for at Article 9.

2. The answer shall contain:

(a) the name and address of the defendant (in the case of a company or other organization: its name, type, registered office and legal representative);

(b) the relevant particulars on the seat of the arbitration and on the number of arbitrators as well as the necessary information concerning the appointment of a single arbitrator or of an arbitral tribunal in accordance with Article 12;

(c) the relevant information on the language of the arbitration, on the provisions applicable to the merits or the eventual request for a decision ex aequo et bono and on the modalities for the deliberation of the award;

(d) the statement of the defence together with all documents useful to that end;

(e) the possible counterclaim together with a statement of the facts and particulars of the remedies sought, together with any document useful to that end; [page]

(f) an indication of the evidence requested;

(g) a list of the documents annexed;

(h) the indication of the details of the transmission of the answer to the other party;

(i) the name and address of the representative in the arbitral proceedings with an indication of his powers and the name and address of counsel, if appointed;

(l) the choice of domicile for the purpose of the arbitral proceedings.

3. The claimant may, within 30 days from the date of receipt of the answer containing a counterclaim, send its own reply to the counterclaim communicating same to the Secretariat and to the other party, in accordance with the instructions and in the number of copies indicated in Article 9.

Article 8 PETITION FOR URGENT MEASURES

[page]

1. Before the setting up of the arbitral tribunal and in the presence of a request for A.I.A. arbitration, the interested party may petition the Permanent Committee for the granting of the urgent measures provided for at Article 19.
The petition, together with the arguments and documents supporting same, must be sent to the Secretariat in four copies together with proof of the payment of the pertinent fees provided for in the Schedule of arbitration costs.
2. After the setting-up of the arbitral tribunal, the petition must be sent to each of the arbitrators, with a copy to the Secretariat.

Article 9 TRANSMISSION OF THE PLEADINGS AND THE WRITTEN STATEMENTS

1. The request for arbitration, the answer and the reply thereto must be sent to the Secretariat in as many copies as there are arbitrators plus one, as well as to the other party. If the number of the arbitrators has not been determined, and as long as their number remains undetermined, the transmission to the Secretariat shall be made in two copies. Additional copies may subsequently be requested.
2. If the documentation presented by one or other of the parties appears to be incomplete or to have been incorrectly transmitted, the Secretariat shall invite the party concerned to provide accordingly.[page]
3. Once the file has been transmitted to the arbitrator, the parties shall send directly to him all pleadings and written statements (if there are more than one arbitrator, the transmission shall be made directly to each one of them), with a copy thereof to the other party and to the Secretariat. The arbitrator shall send to the Secretariat a copy of his communications to the parties and to other persons.
4. The transmission of the petition for urgent measures is governed by the provisions of Article 8.
5. The communications of the parties, the Court, the Secretariat and the arbitrator are validly made if they are delivered against receipt or if they are sent by registered mail with a return receipt or by equivalent means, including transmission by private courier. The time-limits provided for in these Rules shall run [from] the date of transmission.

Article 10 TIME-LIMITS

The time-limits provided for in these Rules can be extended by the Court or by the Secretariat, on their own initiative or following a reasoned petition of the party or the arbitrator.

[page]Article 11 REGISTRATION FEES AND DEPOSIT TO COVER ARBITRATION COSTS

1. At the time the claimant submits its request for arbitration, it shall pay to the Secretariat the registration fees set out in the Schedule of arbitration costs. These fees shall in no case be reimbursable by the A.I.A.
Subsequently, the parties shall make the payments as set out hereinbelow to cover the foreseeable costs of arbitration.
2. The costs of arbitration shall include the fee and expenses of the arbitrator (and eventually the costs of a secretary), including those relative to the proceeding provided for at Article 36, and the administrative costs, determined in accordance with the Schedule of arbitration costs, as well as the fee and expenses of the expert eventually appointed by the arbitrator.
3. The Secretariat, taking into consideration the claims contained in the request and in any possible counterclaim and applying the provisions of the Schedule of arbitration costs shall determine the sum to be requested as a deposit reasonably sufficient to cover the expected costs of arbitration. When necessary, the Secretariat shall subsequently request additional sums.
Exceptionally and to take into account the expenses of the arbitrator, the Secretariat can exceed the limits provided for in the Schedule of arbitration costs, provided always that the power to determine the expenses of the arbitrator belongs to the Court in accordance with Articles 31 and 32.
4. With regard to the proceeding at Article 36, and taking into account the expected complexity thereof and other relevant circumstances, the Secretariat shall request on deposit an amount reasonably sufficient to cover the relative expenses.[page]
5. The deposit shall be paid to the Secretariat in equal parts by the claimant and by the defendant within 15 days from the date on which they receive from the Secretariat the request therefor or within such other time-limit as shall have been set by the Secretariat.
Either party may pay the entire deposit if the other party fails to pay his share.
6. In the case of a counterclaim, when the payments required by paragraph 3 above are not made, either party may pay the entire amount of the deposit as calculated by the Secretariat which corresponds to its request, i.e. the main request and the counterclaim respectively, in the period of time established by the Secretariat.
The A.I.A. shall ensure that the arbitral proceedings continue only with respect to the request, be it the main request or the counterclaim, for which the corresponding deposit has been made. The request for which the entire deposit has not been paid, notwithstanding the formal demand of the Secretariat, shall be considered to have been withdrawn. Any partial sum that has been deposited shall be reimbursed after expenses have been deducted.
7. In the case where the arbitrator appoints an expert, same shall not begin his activity until the parties, or one of them, shall have made the deposit requested by the Secretariat in an amount expected to cover the fee and expenses of the expert.
8. Payments shall be made according to the instructions established in the Schedule of arbitration costs or as otherwise indicated by the Secretariat, giving immediate notice thereof to the Secretariat.

Article 12 APPOINTMENT OF THE ARBITRATORS[page]

1. Disputes may be settled by a sole arbitrator or by three arbitrators, unless the parties have agreed or the Court has decided otherwise.
2. Where the parties have agreed that the dispute shall be settled by a sole arbitrator, they may, by agreement, appoint the arbitrator themselves and communicate this information to the Secretariat within the time-limit within which the answer to the request for arbitration must be made; failing this, the arbitrator shall be appointed by the Court.
3. Where the parties have agreed that the despite shall be settled by three arbitrators, each party, in the request for arbitration and within the time-limit for the answer, as the case may be, shall appoint an arbitrator. If one of the parties fails to do so, the appointment shall be made by the Court. The third arbitrator, who shall act as presiding arbitrator of the arbitral tribunal, shall be appointed by the Court unless the parties have agreed that they themselves or the arbitrators whom they have appointed shall appoint the third arbitrator within a pre-determined time-limit. If no time-limit is indicated, the Court shall set such a time-limit. If at the expiry of the time-limit set by the parties or by the Court, the parties, or the arbitrators whom they appointed, have not appointed the third arbitrator, that appointment shall be made by the Court.
4. If the parties within the time-limit provided for the answer to the request for arbitration, have not expressed mutual agreement concerning the number of arbitrators, the Court shall appoint a sole arbitrator, unless the particular aspects of the controversy suggest the opportunity of appointing a panel of arbitrators. In this case each party shall appoint an arbitrator and, by common agreement, the presiding arbitrator, within the time-limit fixed by the Court, which shall proceed to the appointment of the presiding arbitrator and of the arbitrator not appointed within the time-limit.[page]
5. Where the parties are more than two or are composed of a plurality of subjects or where there are more than three arbitrators, and where the agreements between the parties in regard to the appointment of the arbitrators are lacking or inadequate or where the parties fail to set-up the arbitral tribunal within the time-limit provided for [in] the answer to the request for arbitration, the Court, if need be, shall set the number and the manner for the appointment of the arbitrators and can proceed to their appointment directly. Likewise, the Court shall proceed to the appointment of a further arbitrator where, in violation of the provisions of the applicable law, the parties have appointed an even number of arbitrators.
6. Where new proceedings are instituted following the setting aside of the award, the arbitrators shall be appointed as provided for above, provided that the Court shall have the right in the presence of particular circumstances to establish different modalities or to proceed itself to the appointment of one or more arbitrators.
7. The communication of the appointment shall contain the arbitrator's name and address.

Article 13 THE ARBITRATOR'S NATIONALITY

The arbitrators may be Italian or foreign nationals.

[page]

Article 14 ACCEPTANCE AND INDEPENDENCE OF THE ARBITRATOR

1. The arbitrator appointed by the parties, by the other arbitrators, or by the Court, shall promptly communicate his acceptance to the Court and indicate eventual circumstances which might influence his independence in performing his duties. The Secretariat shall notify the parties and the other arbitrators of the acceptance.
2. By accepting the appointment, the arbitrator undertakes to perform his duties with independence and to respect the compulsory rules of the applicable procedural law, including the provisions concerning the form and communication of the award, as well as these Rules.

Article 15 CHALLENGE AND SUBSTITUTION OF THE ARBITRATOR

1. Each party may challenge the arbitrator within 15 days of receipt of the communication indicated in Article 14 or from the time the ground for the challenge comes to the party's knowledge. [page]
The petition challenging an arbitrator must contain the reasons thereof. The Court shall decide thereon, without any obligation to make known its motives, after having heard the challenged arbitrator and keeping in mind, among other factors, the requirements of independence and impartiality which must characterize the arbitrator's function.
2. Where an arbitrator is unable to act, he shall be substituted in accordance with the provisions for the appointment of an arbitrator. If an arbitrator resigns or if, after having heard the arbitrator, the Court finds that he is not in a position to perform his functions or that he does not perform them properly, or ascertains that there exist other serious motives of incompatibility or inadequacy against performing the functions of arbitrator, or, finally, accepts the petition challenging the arbitrator, the arbitrator shall be replaced upon the decision and in the manner established by the Court, bearing in mind the provisions of Article 12, provided always that the Court shall have the power to directly appoint the substitute at its discretion.
3. The Court may decide not to pay the fees of an arbitrator who has resigned without good cause or who has not properly performed his functions.
4. The arbitral tribunal shall, once it has been reconstituted, decide upon the renewal of preceding procedural acts.

Article 16 RELATED DISPUTES

[page]If, before the constitution of the arbitral tribunal, issues related among themselves are submitted to it, the Court, having taken into consideration the characteristics of the disputes and keeping in mind the applicable procedural law, can determine that the proceedings to settle the disputes be referred to the same arbitral tribunal appointed by the Court itself or, with the agreement of the parties, may authorize the joinder of the proceedings in order that the disputes be settled in a single award.

Article 17 TRANSMISSION OF THE FILE TO THE ARBITRATOR

1. The Secretariat shall prepare a complete file of all the documents received from the parties and, as soon as the deposit has been paid in accordance with Article 11, shall transmit the file to the arbitrator and notify the parties that it has done so.
2. If, before the transmission of the file to the arbitrator, the request for arbitration is withdrawn with the simultaneous communication to the Secretariat and to the other party, the proceeding shall be considered terminated unless the other party intends to pursue same and gives communication thereof to the Secretariat and to the other party within 15 days from receiving the above communication and undertakes to pay the entire deposit where said deposit shall not have already been fully paid. [page]

Article 18 MEASURES OF PROTECTION

The party which obtains a measure of protection from the judicial authorities, shall promptly notify the Secretariat that such a measure has been taken. The Secretariat shall promptly inform the arbitrator thereof and, if necessary, the other party.

Article 19 URGENT MEASURES

1. Unless the parties have agreed otherwise, the arbitrator may, at the request of the interested party and within the limits imposed by law, adopt urgent measures on matters within the parties' power, and eventually impose a guaranty upon the petitioning party and determine a penalty for failure to comply.
The measure is taken by an order which can be modified or revoked in the course of the proceedings and shall remain in force until the award is decided, unless a shorter time-limit is indicated therein.[page]
2. At the time of the making of the award, the arbitrator, taking into account the behavior of the parties in relation to the urgent measures, shall decide in relation to the guaranty and the penalty.
3. If the arbitral tribunal has not yet been set-up, the above measures can be taken by the Permanent Committee and can at any time be modified or revoked by said Committee and, after the constitution of the arbitral tribunal, by this latter.

Article 20 SEAT OF THE ARBITRATION

The seat where arbitration is to take place shall be determined by the Court, where the parties fail to agree thereon and communicate their choice to the Secretariat within the time-limit fixed for the answer to the request for arbitration. Individual phases of the proceedings may be conducted elsewhere if the arbitrator considers it advisable.

Article 21 LANGUAGE OF ARBITRATION

[page]

1. Unless otherwise agreed by the parties, the request, the answer to same and the reply to the counterclaim shall be made in the language of the contract.
2. In the absence of an agreement between the parties within the period of time fixed for the answer to the request for arbitration, the arbitrator shall determine the language of the arbitration taking into account the circumstances and, in particular, the language used in the contract in relation to which the dispute has arisen and in the correspondence between the parties.
3. The arbitrator can authorize or request translations or interpretations, at the care and expense of the party who has justified same.

Article 22 RULES APPLICABLE TO THE SUBSTANCE

1. Where the parties have not agreed upon the law applicable to the merits or have not agreed that the arbitrator shall decide ex aequo et bono, the arbitrator shall apply the law most closely connected to the contract.
2. The arbitrator shall decide ex aequo et bono only if the parties agree thereto.
3. [page]In all cases, the arbitrator shall take into account the provisions of the contract and the customs concerning the matter in dispute.

Article 23 THE ARBITRATOR'S TERMS OF REFERENCE

Before proceeding with the preparation of the case, the arbitrator, in accordance with the provisions of Article 24.3, shall draw up, on the basis of the documents submitted and, eventually, after having heard the parties, a document in writing which shall include:

(a) the names and addresses of the parties and of their representatives and counsel;

(b)

the addresses to which communications to the parties shall be sent during the course of the arbitral proceedings;

(c) the name and address of the arbitrator;

[page](d) a statement of the facts concerning the dispute and the indication of the claims of the parties;

(e) the determination of the issues to be settled;

(f) the indication of the seat and language of the arbitration;

(g) particulars regarding the rules of procedure to be followed in the proceedings and regarding the written consent of the parties on the questions indicated at Articles 26, n. 5 and 30, n. 2;

(h) particulars regarding the law applicable to the merits or on the request for a decision ex aequo et bono.

Article 24 EXAMINATION BY THE COURT OF THE DRAFT OF THE ARBITRATOR'S TERMS OF REFERENCE

1. The arbitrator shall transmit the draft of his terms of reference to the Court within 45 days from the date on which he has received the file from the Secretariat. The Court may extend this time-limit at the request of the arbitrator or upon its own initiative.
2. [page]Within 15 days from receiving the draft, the Court may communicate to the arbitrator its own observations or suggestions relative to the contents of the draft.
3. The document defining the arbitrator's terms of reference, eventually modified to take into account the observations or suggestions indicated in paragraph 2 above, shall be signed by the arbitrator and promptly transmitted to the parties and to the Court. Where there is more than one arbitrator, the document can be compiled by correspondence and signed by the sole presiding arbitrator.

Article 25 RULES OF PROCEDURE

1. The arbitrator is free to settle the manner in which the proceedings shall be conducted as he best sees fit, provided he respects the determinations of the parties in this regard which have been brought to his attention before the constitution of the arbitral tribunal, the principle of audietur et altera pars (due process) and the provisions of these Rules.
2. Upon delegation by the members of the arbitral tribunal or in the absence of a majority, the presiding arbitrator shall determine the course of the proceedings.
3. With the consent of the parties, the arbitrator can be assisted by a secretary.

[page]

Article 26 PREPARATION OF THE CASE

1. The arbitrator shall proceed with the preparation of the case in as short a time as possible.
2. The arbitrator, upon his own initiative or at the request of a party, can set one or more hearings in order to hear the parties and the witnesses and to acquire any other element pertinent to the case.
When the arbitrators are more than one, the arbitral tribunal may delegate one of the arbitrators to collect evidence.
3. The arbitrator may appoint experts, request information from public authorities and apply to the judicial authorities for the assistance permitted by law. He can proceed to the taking of evidence upon his own initiative or at the request of the parties, provided always he ensures the respect of the principle of audietur et altera pars (due process).
If an expert has been appointed, the Secretariat, at the arbitrator's request, shall request from the parties an additional deposit to cover foreseeable expenses, in accordance with the provisions of Article 11.
4. Once the evidence gathering phase has been completed, the arbitrator may invite the parties to submit additional pleadings in writing and may hold a hearing for oral discussion.
5. The arbitrator may, without holding any hearings, render his decision on the basis of the documents alone if the parties so request or consent thereto in writing, also in the course of the proceedings, provided the parties shall always have the right to submit pleadings in the manner and within the time-limits set by the arbitrator. [page]

Article 27 THE HEARING

1. The hearing shall be set by the arbitrator with reasonable advance notice.
2. The parties may appear in person or through representatives with the necessary powers, and may be assisted by counsel and consultants duly accredited by the party concerned.
3. If one of the parties, although duly summoned, fails to appear without valid cause, the arbitrator, after having ascertained that the summons was properly served, may proceed with the hearing.

Article 28 TIME-LIMIT FOR MAKING THE AWARD

1. Subject to a different ruling by the Court, the arbitrator must make his award within six months from the date on which he receives the file from the Secretariat.[page]
2. The time-limit for making the award may be extended by the Court upon the justified request of the arbitrator or of one of the parties, or at its own initiative.
3. After the expiration of the time-limit, the arbitrator shall remain vested with his powers in so far as the provisions of Article 36 are concerned.

Article 29 SETTLEMENT OF THE DISPUTE BY CONSENT OF THE PARTIES

1. If the parties reach a settlement on the dispute before the file has been transmitted to the arbitrator, they shall give written communication thereof to the Court and request that the proceeding be terminated.
2. If the parties should reach a settlement on the dispute after the file has been transmitted to the arbitrator, they shall give written communication thereof to the arbitrator declaring him released from the obligation of making the award. The arbitrator shall take note thereof and inform the Court in writing.
3. The parties may request in writing that the arbitrator make his award on the basis of the concordant requests formulated by the parties. If the arbitrator agrees with the requests of the parties, he shall prepare a draft of the award on the basis of the parties' requests and submit same to the Court in accordance with the provisions of Article 31.[page]

Article 30 PARTIAL AND FINAL AWARDS

1. Unless the parties have agreed otherwise, the arbitrators, whether in the case of partial or final awards, shall decide by majority vote and, where there is no majority, the presiding arbitrator shall decide alone. The deliberation shall take place in personal conference, including by videophone.
2. If the parties, also in the course of the proceedings, so request or consent thereto in writing, the arbitrators can deliberate the award by correspondence.
3. The arbitrators shall also decide on the costs of arbitration and of the defense and, where they shall decide against each party's fully bearing his own costs, they shall determine in which proportions they shall be borne by the parties and shall establish same in accordance with the decisions adopted in this regard by the Court in accordance with Article 31.
4. The award, whether partial of final, cannot be appealed and, by accepting these Rules, the parties waive their rights to any means of recourse and remedies insofar as such waiver can validly be made.

[page]

Article 31 TRANSMISSION OF THE DRAFT AWARD TO THE COURT FOR THE CALCULATION OF COSTS

1. At least twenty days before the expiry of the time-limit for making the award, the arbitrator shall transmit to the Court his draft of the final award, fully in accordance with the requirements, together with any other useful information for the Court to determine the arbitration costs.
2. The Court, taking into consideration the Schedule of arbitration costs and any other useful element, shall determine the fee and expenses of the arbitrator (including the costs of the eventual secretary) and the administrative fees as well as the fee and expenses of the expert appointed by the arbitrator and, if necessary, the legal expenses reasonably incurred by the parties for their defense.
3. The Court's determinations shall be binding on all the persons concerned.
4. The Secretariat shall ensure that the sums deposited beforehand by the parties are sufficient to meet the arbitration costs. Otherwise, it shall request supplementary sums.
5. As long as the parties, or one of them, shall not have made full payment of the sums requested, the Court may suspend restitution of the draft award to the arbitrator

[page]Article 32 COSTS OF ARBITRATION; THEIR DETERMINATION IN THE CASE OF AN ANTICIPATED TERMINATION OF THE PROCEEDINGS

1. Where the termination of the proceedings takes place for any reason whatsoever before the award is made, the determination of the costs and their division among the parties shall be made by the Court taking into account the circumstances and the proposals made by the arbitrator.
2. The above determinations shall be binding on the parties and on the arbitrator.

Article 33 RESPONSIBILITY OF THE PARTIES AND THE FUNCTION OF THE A.I.A. REGARDING THE COSTS OF ARBITRATION

1. The costs of arbitration shall be due jointly by the parties.
2. In so far as concerns the payments made by the A.I.A. to the arbitrators, conciliators, arbitratori, and experts as well as to the secretary eventually used by same, the A.I.A. has the sole function of treasurer and acts in the name and for the account of the parties.[page]

Article 34 PREPARATION AND NOTIFICATION OF THE AWARD

1. The arbitrator, after the draft award has been returned to him, shall complete same by including the expenses in accordance with the determinations of the Court, shall prepare same in as many original copies as there are parties plus one and shall sign same. The signature of the members of the arbitral tribunal can take place at different times and places, including abroad, and shall be accompanied by the date of signature.
2. Where the award is signed only by the majority of the arbitrators, it is necessary to declare that the minority was either unwilling or unable to sign the award. Where the presiding arbitrator decides alone, he must note same when signing and indicate whether the other arbitrators were unwilling or unable to sign the award.
3. An original copy of the award must be delivered to each party by the arbitrator within ten days from the (last) signature, against receipt or by registered mail with return receipt. The receipt shall be sent to the Secretariat as soon as possible. The arbitrator shall, without delay, file an original copy of the award with the Secretariat.
4. Copies of the award, certified true to the original, may be issued by the Secretariat at the parties' request and expense.[page]

Article 35 CUSTODY OF THE ACTS OF THE PROCEEDINGS

Once the proceedings are terminated, except for any further action which might be required in accordance with Article 36, the arbitrator shall transmit the file to the Secretariat.
The Secretariat, at the request of the parties to be made within three months of receipt of the arbitral award, shall return to the parties the documents which each one of them has filed in the course of the proceedings and which have been returned to the Secretariat by the arbitrator.
The office file shall remain in the custody of the Secretariat for five years.

Article 36 CORRECTION AND INTEGRATION OF THE AWARD

1. Within two months after the award has been transmitted to the parties, the Court may, on its own initiative or upon the request of the parties or of the arbitrator, charge the arbitrator with initiating proceedings to remedy eventual omissions or material errors or miscalculations which appear in the award. [page]
2. The arbitrator, always respecting the principle of audietur et altera pars (due process), shall proceed promptly to examine the request for correction, and, when necessary, shall gather the evidence in respect thereof.
3. If he decides to adhere in whole or in part to such request, he shall invite the parties and the Secretariat to return to him without delay the original copy of the award and shall transmit, as soon as possible, to the Court the draft of the decision for the determination of the expenses.
4. Once he has received all of the copies, the arbitrator shall make the integration or the correction in writing in a signed and dated note at the end of the award and he shall communicate the corrected award to the parties and to the Secretariat. Where he cannot collect all of the original copies, the arbitrator shall prepare new copies of the award including therein the integration or the correction decided upon, noting the fact that the integrated or corrected award substitutes the one previously issued and shall promptly communicate the integrated or corrected award to the parties and to the Secretariat in the manner indicated in Article 34.
Where compatible, the provisions of Articles 30 and 34 shall apply.

Article 37 DUTY TO ABIDE BY THE RULES AND OBLIGATION OF SECRECY

By accepting his office, the arbitrator, the [page]arbitratore, the expert and the conciliator undertake to abide by the present Rules and to respect the duty of secrecy with respect to the course and the outcome of the proceedings. The parties and those who intervene in the proceedings in an auxiliary capacity shall have the same duties and the latter shall be informed thereof at the time of their appointment.

Article 38 GENERAL RULE

In all matters not expressly provided for in these Rules, the Court and the arbitrators shall act in the spirit of these Rules.

Article 39 ENTRY INTO FORCE AND AMENDMENTS TO THE RULES AND SCHEDULE OF ARBITRATION COSTS