澳大利亚国际商事仲裁中心适用的规则英文本Word格式文档下载.docx

1、2. These Rules shall govern the arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.Notice, Calculation of Periods of TimeArticle 21. For the purposes of these R

2、ules, any notice, including a notification, communication or proposal, is deemed to have been received if it is physically delivered to the addressee or if it is delivered at his habitual residence, place of business or mailing address, or, if none of these can be found after making reasonable inqui

3、ry, then at the addressees last known residence or place of business. Notice shall be deemed to have been received on the day it is so delivered.2. For the purposes of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice, notificat

4、ion, communication or proposal is received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during t

5、he running of the period of time are included in calculating the period.Notice of ArbitrationArticle 31. The party initiating recourse to arbitration （hereinafter called the claimant） shall give to the other party （hereinafter called the respondent） a notice of arbitration.2. Arbitral proceedings sh

6、all be deemed to commence on the date on which the notice of arbitration is received by the respondent.3. The notice of arbitration shall include the following:（a） A demand that the dispute be referred to arbitration;（b） The names and addresses of the parties;（c） A reference to the arbitration claus

7、e or the separate arbitration agreement that is invoked;（d） A reference to the contract out of or in relation to which the dispute arises;（e） The general nature of the claim and an indication of the amount involved, if any;（f） The relief or remedy sought;（g） A proposal as to the number of arbitrator

8、s （i.e., one or three）, if parties have not previously agreed thereon.4. The notice of arbitration may also include:（a） The proposals for the appointment of a sole arbitrator referred to in Article 6, paragraph 1;（b） The notification of the appointment of an arbitrator referred to in Article 7;（c） T

9、he statement of claim referred to in Article 18.Representation and AssistanceArticle 4The parties may be represented or assisted by persons of their choice. The names and addresses of such persons must be communicated in writing to the other party; such communication must specify whether the appoint

10、ment is being made for purposes of representation or assistance.Section II. Composition of the Arbitral TribunalNumber of ArbitratorsArticle 5If the parties have not previously agreed on the number of arbitrators （i.e., one or three）, and if within fifteen days after the receipt by the respondent of

11、 the notice of arbitration the parties have not agreed that there shall be only one arbitrator, three arbitrators shall be appointed.Appointment of Arbitrators （Articles 6 to 8）Article 61. If a sole arbitrator is to be appointed, either party may propose to the other the names of one or more persons

12、, one of whom would serve as the sole arbitrator.2. If within thirty days after receipt by a party of a proposal made in accordance with paragraph 1 the parties have not reached agreement on the choice of a sole arbitrator, the sole arbitrator shall be appointed by the IACAC.3. The IACAC shall, at t

13、he request of one of the parties, appoint the sole arbitrator as promptly as possible. In making the appointment the IACAC shall use the following list-procedure, unless both parties agree that the list procedure should not be used or unless the IACAC determines in its discretion that the use of the

14、 list-procedure is not appropriate for the case:（a） At the request of one of the parties the IACAC shall communicate to both parties an identical list containing at least three names;（b） Within fifteen days after the receipt of this list, each party may return the list to the IACAC after having dele

15、ted the name or names to which he objects and numbered the remaining names on the list in the order of his preference;（c） After the expiration of the above period of time the IACAC shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the

16、order of preference indicated by the parties;（d） If for any reason the appointment cannot be made according to this procedure, the IACAC may exercise its discretion in appointing the sole arbitrator.4. In making the appointment, the IACAC shall have regard to such considerations as are likely to sec

17、ure the appointment of an independent and impartial arbitrator and shall take into account as well the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties.Article 71. If three arbitrators are to be appointed, each party shall appoint one arbitrator.

18、The two arbitrators thus appointed shall choose the third arbitrator, who will act as the presiding arbitrator of the tribunal.2. If within thirty days after the receipt of a partys notification of the appointment of an arbitrator, the other party has not notified the first party of the arbitrator h

19、e has appointed the first party may request the IACAC to appoint the second arbitrator.3. If within thirty days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the IACAC in th

20、e same way as a sole arbitrator would be appointed under Article 6.Article 81. When the IACAC is requested to appoint an arbitrator pursuant to Article 6 or Article 7, the party which makes the request shall send to the IACAC a copy of the notice of arbitration, a copy of the contract out of or in r

21、elation to which the dispute has arisen and a copy of the arbitration agreement if it is not contained in the contract. The IACAC may require from either party such information as it deems necessary to fulfill its function.2. Where the names of one or more persons are proposed for appointment as arb

22、itrators, their full names, addresses and nationalities shall be indicated, together with a description of their qualifications.Challenge of Arbitrators （Articles 9 to 12）Article 9A prospective arbitrator shall disclose to those who approach him in connection with his possible appointment any circum

23、stances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, once appointed or chosen, shall disclose such circumstances to the parties unless they have already been informed by him of these circumstances.Article 101. Any arbitrator may be challenged if ci

24、rcumstances exist that give rise to justifiable doubts as to the arbitrators impartiality or independence.2. A party may challenge the arbitrator appointed by him only for reasons of which he becomes aware after the appointment has been made.Article 111. A party who intends to challenge an arbitrato

25、r shall send notice of his challenge within fifteen days after the appointment of the challenged arbitrator has been notified to the challenging party or within fifteen days after the circumstances mentioned in Articles 9 and 10 became known to that party.2. The challenge shall be notified to the ot

26、her party, to the arbitrator who is challenged and to the other members of the arbitral tribunal. The notification shall be in writing and shall state the reasons for the challenge.3. When an arbitrator has been challenged by one party, the other party may agree to the challenge. The arbitrator may

27、also, after the challenge, withdraw from his office. In neither case does this imply acceptance of the validity of the grounds for the challenge. In both cases the procedure provided in Article 6 or 7 shall be used in full for the appointment of the substitute arbitrator, even if during the process

28、of appointing the challenged arbitrator a party had failed to exercise his right to appoint or to participate in the appointment.Article 121. If the other party does not agree to the challenge and the challenged arbitrator does not withdraw, the decision on the challenge will be made by the IACAC.2.

29、 If the IACAC sustains the challenge, a substitute arbitrator shall be appointed or chosen pursuant to the procedure applicable to the appointment or choice of an arbitrator as provided in Articles 6 to 9.Replacement of an ArbitratorArticle 131. In the event of the death or resignation of an arbitra

30、tor during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in Articles 6 to 9 that was applicable to the appointment or choice of the arbitrator being replaced.2. In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility of his performing his functions, the procedure in respect of the challenge and replacement of an arbitrator provided in the preceding article shall apply.Repetition of Hearings in the Event o