COMPARISON OF ARBITRATION RULES COMPARISON OF ARBITRATION RULES ICC UNCITRAL KLRCA. HKIAC HONG KONG INTERNATIONAL

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1 COMPARISON OF RULES COMPARISON OF MALAYSIA - KUALA LUMPUR REGIONAL COMMERCE CENTRE FOR HONG KONG INTERNATIONAL CENTRE RULES

2 About us Kennedys is an international law firm with over 150 partners and 800 people globally. In the Asia-Pacific region we have offices in Hong Kong, Singapore, Sydney and New Zealand. We also have offices in the UK (London, Birmingham, Belfast, Cambridge, Chelmsford, Maidstone, Manchester, Sheffield and Taunton), Spain, Dubai and Miami. In addition, we have an active network of associated offices around the world situated in Dubai, Dublin, Karachi, Lisbon, Mumbai, New Delhi, Paris, Santiago and Warsaw. Kennedys is recognised as a leading dispute resolution firm and our International Commercial Arbitration and Litigation Team act for a wide range of international commercial clients. We deal with all forms of commercial disputes including litigation, arbitration, mediation and other forms of alternative dispute resolution (ADR) and jurisdictional and forum advice. The team has represented and advised clients in arbitrations (and appeals from arbitral awards) under the rules of all the major international commercial arbitration institutions, and has conducted arbitrations in all the leading international arbitration seats. We specialise in construction & engineering, healthcare, insurance/reinsurance, local government, transport, maritime & international trade. The team includes qualified arbitrators and mediators and we have regular contact with ADR providers such as the Singapore International Arbitration Centre (), Hong Kong International Arbitration Centre () and the Centre for Dispute Resolution (CEDR). Our advice seeks to focus on strategic and commercial issues, rather than just legal assistance, with the aim of helping our clients to reach the most favourable resolution for their business. This publication is intended to provide an overview of the similarities and differences among some of the major institutional and ad hoc international arbitration rules. It is not intended as a substitute for detailed legal advice as to the procedures and laws which govern a particular dispute. Advice should be sought at any early stage of any dispute to assess the most appropriate course to adopt.

3 COMPARISON OF RULES STEP Institutional Involvement Commencement of Arbitration The Notice of Arbitration Response to the Notice of Arbitration / Request for Arbitration Effective from 1 January The S International Court of Arbitration ensures the application of the Rules of Arbitration in arbitrations it administers. The plays a key role in appointing arbitrators, fixing arbitrators fees and scrutinising awards. The Costs scales set out in the Rules are effective from 1 January Yes. Article 4(2): Arbitration deemed to have commenced at date Secretariat receives a written Request for Arbitration. Article 4(3): The Request for Arbitration must include the party s nomination for arbitrator. This is a time saving rule. Article 4(1): A party wishing to have recourse to arbitration must submit a Request for Arbitration to the Secretariat. Article 4(3): The Request shall include a brief description of the claim, indication of amount involved and a proposal as to the number of arbitrators. Article 5(1): The Respondent must file an Answer to the Request for Arbitration within 30 days after request from the Secretariat. Adopted in 1976 by the General Assembly of the United Nations and recommended for inclusion in international commercial contracts. The rules are intended to provide a comprehensive and universal set of procedural rules which parties may select for the conduct of ad hoc arbitrations. The Rules were last revised in The Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration, comprising two parts, the Specific Arbitration Rules and the Arbitration Rules. No. The Rules were introduced to be followed in ad-hoc arbitrations. Article 3(2): Arbitral Proceedings deemed to have commenced on the date the Respondent receives a written Notice of Arbitration from the Claimant. Article 3(3): The Notice of Arbitration should include a brief description of the claim, indication of amount involved and a proposal as to the number of arbitrators. The Claimant may treat Notice of Arbitration as the Statement of Claim. Article 4(1): Within 30 days of receipt of the Notice of Arbitration, the Respondent shall submit a Response to the Notice of Arbitration. CENTRE FOR The Rules were last revised in 2010 following release of the 2010 Rules. Yes. Rule 1: Where the parties to a contract have agreed in writing that disputes in relation to the contract shall be settled or resolved by arbitration in accordance with the Rules for Arbitration of the, then such disputes shall be settled or resolved by arbitration in accordance with the Arbitration Rules, subject to any modifications in the Specific Arbitration Rules. Article 3(2): Arbitral Proceedings deemed to have commenced on the date the Respondent receives a written Notice of Arbitration from the Claimant. Article 3(3): The Notice of Arbitration should include a brief description of the claim, indication of amount involved and a proposal as to the number of arbitrators. The Claimant may treat Notice of Arbitration as the Statement of Claim. Article 4(1): Within 30 days of receipt of the Notice of Arbitration, the Respondent shall submit a Response to the Notice of Arbitration. CENTRE The Rules were last updated in Effective from 1 January The new Rules came into effect on 1 July Yes. Rules may be adopted in both domestic and international arbitrations. Article 4.2: Arbitration deemed to start at date Notice of Arbitration is received by the Secretariat. Article 4.5: The Notice of Arbitration shall be submitted in the language of the arbitration agreed by the parties. Where no agreement is in place, the Notice of Arbitration shall be submitted in either English or Chinese. Article 4.3: The Notice of Arbitration should include a demand that the dispute be referred to arbitration, brief description of the claim, indication of amount involved and a proposal as to the number of arbitrators. Article 5.1: Within 30 days from receipt of the Notice of Arbitration the Respondent shall submit to the Secretariat an Answer to the Notice of Arbitration. The Answer to the Notice of Arbitration shall include the details of the Respondent including address, the Respondent s comments on the particulars set out in the Notice of Arbitration and the Respondent s proposal for the number of arbitrators. Article 5.4: The Respondent should where possible set out any counterclaim or set-off defence in the Answer to the Notice of Arbitration. No. Article 1.2: The date of receipt by the registrar of the Request for Arbitration shall be treated as the date on which the arbitration has commenced. Article 1.1: A Request for Arbitration should include a brief statement describing the nature and circumstances of the dispute and specifying the claims advanced by the Claimant and proposal as to the number of arbitrators. No. Rule 1.1: Where the parties have agreed to refer their disputes to the for arbitration, the parties are deemed to have agreed that the arbitration shall be conducted and administered in accordance with the Rules. Rule 3.1: A party wishing to commence arbitration must file a Notice of Arbitration with the Registrar. Rule 3.3: The date of the receipt of the Notice of Arbitration shall be deemed to be the date of commencement of the arbitration. Rule 3.1: The Notice of Arbitration should include a demand the dispute be referred to arbitration, a brief statement setting out the nature and circumstances of the dispute, a reference to the contract and arbitration clause, and proposal as to the number of arbitrators. Article 2: Within 30 days of receiving the Request for Arbitration the Respondent shall send a written response to the Registrar. Rule 4.1: The Respondent shall send to the Claimant a Response within 14 days of receipt of the Notice of Arbitration. The Response should contain a confirmation or denial of all or part of the claim.

4 COMPARISON OF RULES Statement of Claim / Statement of Case Statement of Defence Number of Arbitrators No statement of Claim / Case under the Rules. Article 4(3): The Request for Arbitration should set out details of claim including a description of the nature and circumstances of the dispute giving rise to the claim and a statement of the relief sought. No Statement of Defence under the Rules. Article 5(1): The Respondent shall file an Answer to the Statement of Claim within 30 days after request from Secretariat to do so. The Answer should include the Respondent s comments to the nature and circumstances of the dispute and response to the relief sought. Article 5(5): Any counterclaim made by the Respondent shall be filed with its Answer to the Request for Arbitration. Article 8(2): Where the parties have not agreed upon the number of arbitrators, the Court shall appoint a sole arbitrator, save where it appears to the Court the dispute warrants the appointment of three arbitrators. Article 20(1): Statement of Claim to include a statement of facts supporting the claim, the points of issue, and the relief and remedy sought. Article 20(1): The Claimant may treat Notice of Arbitration as the Statement of Claim. If not, the Claimant must send to the Respondent and the Arbitrators the Statement of Claim within a period of time set by the Tribunal. Article 25: The periods of time fixed by the Arbitral Tribunal for the communication of written statements (including the Statement of Claim and Statement of Defence) should not exceed 45 days. Article 21(1): The Respondent may treat the Notice of Response as the Statement of Defence. If not, the Respondent must send to the Claimant and arbitrators the statement of defence within a period of time set by the Tribunal. Article 25: The periods of time fixed by the Arbitral Tribunal for the communication of written statements (including the Statement of Claim and Statement of Defence) should not exceed 45 days. Article 22: During the course of the Arbitral proceedings, a party may amend or supplement its claim or defence, including a counterclaim unless the Arbitral Tribunal considers it inappropriate with regards to delay or prejudice. Article 7: If by no later that 30 days following receipt of the Notice of Arbitration by the Respondent the parties have not agreed on the appointment of one arbitrator, three arbitrators shall be appointed. CENTRE FOR Article 20(1): Statement of Claim to include a statement of facts supporting the claim, the points of issue, and the relief and remedy sought. Article 20(1): The Claimant may treat Notice of Arbitration as the Statement of Claim. If not, the Claimant must send to the Respondent and the Arbitrators the Statement of Claim within a period of time set by the Tribunal. Article 21(1): The Respondent may treat its Notice of Response as the Statement of Defence. If not, the Respondent must send to the Claimant and arbitrators the Statement of Defence within a period of time set by the Tribunal. Article 7: If by no later that 30 days following receipt of the Notice of Arbitration by the Respondent the parties have not agreed on the appointment of one arbitrator, three arbitrators shall be appointed. Article 6.1: If the parties have not agreed upon the number of arbitrators, the Council shall at the request of a party decide whether the case shall be referred to a sole arbitrator or a three-member Arbitral Tribunal. Article15.3: Within 30 days of receipt of the written notification from the Registrar of the formation of the Arbitral Tribunal the Claimant shall submit a Statement of Case. Article 15.4: Within 30 days of receipt of the Statement of Case the Respondent shall send to the Registrar a Statement of Defence. Any counter claims should be submitted with the Statement of Defence. Article 5.4: A sole arbitrator shall be appointed unless the parties have agreed in writing otherwise, or the Court determines that in view of all of the circumstances of the case a three-member Tribunal is appropriate. CENTRE Rule 3.2: The Notice of Arbitration may also include the Statement of Claim. Rule 17.2: The Statement of Claim should include a statement of facts supporting the claim, the legal grounds or arguments supporting the claim, and the relief and remedy sought. Rule 4.2: The Response may also include the Statement of Defence. Rule 17.3: The Statement of Defence should respond to the matters raised in the Statement of Claim and set out a statement of facts supporting the Defence, contentions of law in the Statement of Claim it admits or denies, a response to the relief and remedy sought, and any counterclaim. Rule 6.1: A sole arbitrator shall be appointed unless the parties have agreed otherwise, or given the complexities of the matter, the Registrar deems the dispute warrants the appointment of three arbitrators.

5 COMPARISON OF RULES Appointment of Arbitrators Multi-Party Disputes Place of Arbitration Article 9(2): The Court may appoint or confirm arbitrators. The process is conducted through the Secretariat. In the case of one arbitrator, where the parties cannot agree, the Court appoints the arbitrator. Subject to the parties agreeing another procedure, in the case of three arbitrators, each party shall submit a candidate for confirmation. The chair of the Arbitral Tribunal is appointed by the Court. Article 10(1): Provides for multiple parties whether as a Claimant or Respondent. Article 10(2): Where multiple parties cannot agree a joint nomination of Arbitrator then the Court may appoint each Arbitrator and Chairman. Article 14(1): The place of the Arbitration shall be fixed by the Court, unless it has been agreed by the parties. Article 8(1): If the parties have agreed to appoint a sole arbitrator and if within 30 days after receipt by all parties of a proposal for the appointment of a sole arbitrator the parties have not reached agreement, at the request of a party the sole arbitrator will be appointed by the appointing authority (See Article 6 for the Designating and Appointing Authorities). Article 9(1): If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two appointed arbitrators appoint the third arbitrator. Article 9(2): If within 30 days after receipt of a party s notification of the appointment of an arbitrator, the other party has not notified the first party of the arbitrator it has appointed, the first party may request the appointing authority to appoint the second arbitrator. Article 9(3): If within 30 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 appointing authority (See Article 8). Article 10(1): Where three arbitrators are to be appointed and there are multiple parties as Claimant or Respondent, unless the parties have agreed to another method of appointment or arbitrators, the multiple parties shall jointly appoint the arbitrator. Article 18(1): Unless the parties have agreed upon the place where the arbitration is to be held, the place of arbitration shall be determined by the Arbitral Tribunal. CENTRE FOR Rule 3(1): Unless the parties have agreed otherwise, the shall be the appointing authority under the following circumstances: (a) if within 40 days from the date the Notice of Arbitration is received by the respondent, no appointing authority has been designated; or (b) it has been agreed by the parties. Rule 3(2): Where the KLRC is to appoint a sole, presiding, second or substitute arbitrator, the Director of the shall appoint the arbitrator. Rule 3(3): Where the appointing authority agreed by the parties fails to constitute the tribunal within 30 days of a request of any party made under Article 10(3), the Director of the shall constitute the arbitral tribunal. Article 10(1): Where three arbitrators are to be appointed and there are multiple parties as Claimant or Respondent, unless the parties have agreed to another method of appointment or arbitrators, the multiple parties shall jointly appoint the arbitrator. Article 7.1: Where the parties have agreed that the dispute shall be referred to a sole arbitrator, they shall designate the arbitrator within 30 days from the latest of either the date when the Notice of Arbitration was received by the Respondent and the date the parties agreed the dispute should be referred to a sole arbitrator. Article 7.2: If the parties fail to designate the sole arbitrator within the applicable time limit, the Council shall appoint the sole arbitrator. Article 8.1: Where the dispute is referred to three arbitrators, each party shall designate one arbitrator. The two appointed arbitrators then designate the third arbitrator. Article 8.1(a): Where a party fails to appoint an arbitrator within 30 days after it receives notification of the other party s appointment of an arbitrator or within the time limit set by the parties agreement, the shall appoint the second arbitrator. Article 8.1(b): If the arbitrators fail to appoint the third arbitrator within 30 days or within the time limit set by the parties, the Council will appoint the presiding arbitrator. Article 8.2(a): Where a dispute between more than one Claimant and one Respondent is referred to a three-member Arbitral Tribunal, unless the parties have agreed otherwise, the Secretariat shall set an initial 30 day time limit for the Claimants and Respondents to designate an arbitrator. Article 8.2(c): Where the Claimants or Respondents fail to appoint an arbitrator within the prescribed time limit, the Council shall appoint the arbitrator. Article 14.6: The Arbitral Tribunal shall have the power to allow upon the application of one of the parties, one or more third parties providing such third party has agreed in writing to join the proceedings. Rule 4: The Director of the shall, at Article 15.1: The seat of all the request or either party, make or arrange arbitrations conducted under the such facilities and assistance for the conduct Rules is the Hong Kong Special of the Arbitral Tribunal. Administrative Region of the People s Republic of China. Article 5.5: The Court alone is empowered to appoint arbitrators. Article 22.1(h): The Arbitral Tribunal may upon the application of a party, allow one or more third parties to be joined in the arbitration as a party provided any such third party and the applicant party have consented thereto in writing. Article 16: The parties may agree in writing the seat (or legal place) of the arbitration. If the parties fail to agree the seat of arbitration, the seat of the arbitration shall be London. CENTRE Rule 6.2: If the parties have agreed that any arbitrator is to be appointed by one or more of the parties, or by any third person including the arbitrators already appointed, that agreement shall be treated as an agreement to nominate an arbitrator under the Rules. Rule 6.3: In all cases, the arbitrators nominated by the parties, or by any third person including the arbitrators already appointed, shall be subject to appointment by the Chairman in his discretion. Rule 9.1: Where there are more than two parties in the arbitration, and three arbitrators are to be appointed, the Claimant shall jointly nominate one arbitrator and the Respondent shall jointly nominate one arbitrator. In the absence of such joint nominations having been made within 28 days of the filing of the Notice of Arbitration, the Chairman shall appoint all three arbitrators, one of whom shall act as presiding arbitrator. Rule 18.1: The parties may agree the seat of arbitration. Failing such an agreement, the seat of arbitration shall be in Singapore, unless the Tribunal determines, having regard to all of the circumstances of the case, that another seat is more appropriate.

6 COMPARISON OF RULES Language of the Arbitration Law to be applied by the Arbitral Tribunal to the merits and substance of the dispute Terms of Reference & Procedural Timetable Establishing the Facts of the Case / The Evidence Article 16: If not agreed by the parties, the Arbitral Tribunal shall determine the language of the arbitration taking into account provisions of the contract. Article 17(1): If not agreed by the parties, the Arbitral Tribunal shall apply the rules of law that it determines appropriate. Article 18: A summary of the claim and issues in dispute and particulars of the procedure is prepared by the Tribunal and signed by both parties at the outset of the proceedings. The use of Terms of Reference is not optional. Article 20(2): After consideration of written submissions the Tribunal may hear oral submissions at the request of the parties or on its own motion. Silent on how evidence should be gathered, presented and received. Article 19(1): Subject to agreement by the parties the Tribunal shall determine the language of the arbitration. Article 35(1): The Arbitral Tribunal shall apply the rules of law chosen by the parties, failing such agreement the Tribunal shall apply the law which it determines to be appropriate. Not applicable under Arbitration Rules. Article 27(1): Each party has the burden of proving the facts relied upon in support of its claim or defence. Article 27(3): The Arbitral Tribunal may require the parties to produce documents and other evidence within such a period of time as the Tribunal determines. Article 27(4): The Arbitral Tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered. Article 30(3): If a party, after invited by the Arbitral Tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause, the Arbitral Tribunal shall make the award on the evidence before it. CENTRE FOR Article 19(1): Subject to Article 16.1: Subject to the agreement by the parties the Tribunal shall agreement of the parties, the Arbitral determine the language of the arbitration. Tribunal shall determine the language to be used in the proceedings. Article 16.2: The Arbitral Tribunal may order any of the documents annexed to the Statement of Claim or Defence to be accompanied by a translation. Article 35(1): The Arbitral Tribunal shall apply the rules of law chosen by the parties, failing such agreement the Tribunal shall apply the law which it determines to be appropriate. Not applicable for Arbitrations. Note: Rule 5: The arbitral tribunal may conduct the arbitration in such a manner as it considers appropriate and unless the parties to the arbitration agree otherwise, limit the time available for each party to present its case. Article 27(1): Each party has the burden of proving the facts relied upon in support of its claim or defence. Article 27(3): The Arbitral Tribunal may require the parties to produce documents and other evidence within such a period of time as the Tribunal determines. Article 27(4): The Arbitral Tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered. Article 30(3): If a party, duly invited by the Arbitral Tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause, the Arbitral Tribunal shall make the award on the evidence before it. Article 31.1: The Arbitral Tribunal shall apply the rules of law chosen by the parties, failing such agreement the Tribunal shall determine the law of the dispute which it determines to be appropriate. Article 17.1: The language of the Arbitration shall be the language of the Arbitration Agreement. Article 17.3: Unless the parties have agreed upon the language or languages of the arbitration, the Arbitration Tribunal shall decide upon the language of the arbitration. Article 16.3: The law applicable to the arbitration (if any) shall be the arbitration law of the seat of the arbitration, unless the parties have agreed in writing on the application of another arbitration law and such agreement is not prohibited by the law of the Arbitral seat. Article 22.3: The Arbitral Tribunal shall decide the parties dispute based upon the law chosen by the parties. Where the parties have not agreed the law to be applied to the dispute, the Arbitral Tribunal shall apply what rules of law it considers appropriate. CENTRE Rule 19.1: Unless the parties have agreed otherwise, the Tribunal shall determine the language to be used in the proceedings. Rule 27.1: The Tribunal shall apply the rules of law designated by the parties as applicable to the substance of dispute. Failing such designation by the parties, the Tribunal shall apply the law which it determines to be appropriate. Not applicable for Arbitrations. Not applicable for Arbitrations. Not applicable to Arbitrations. Article 23.1: Each party shall have the burden of proving the facts relied on to support its claim or defence. Article 19.1: Any party has a right to be heard orally before the Arbitral Tribunal unless the parties have agreed in writing to a documents-only arbitration. Rule 16.2: The Tribunal shall determine the relevance, materiality and admissibility of all evidence. Evidence need not be admissible in law. Rule 16.4: The Tribunal may in its discretion direct the order of proceedings, bifurcate proceedings, exclude cumulative or irrelevant testimony or other evidence and direct the parties to focus their presentations on issues the decision of which could dispose of the case. Rule 16.6: All statements, documents or other information supplied to the Tribunal by one party shall simultaneously be communicated to the other party.

7 COMPARISON OF RULES Documentary Evidence Oral Hearings Default & Non Attendance Article 20(6): The Arbitral Tribunal may decide the case solely on the documents submitted by the parties unless any of the parties requests a hearing. Article 20(2): After consideration of written submissions the Tribunal may hear oral submissions at the request of the parties or on its own motion. Article 21(1): When a hearing is to be held, the Arbitral Tribunal will give reasonable notice and summon the parties to appear before it on a day fixed by it. Article 21(2): If any parties, although duly summoned, fails to appear without a valid excuse, the Arbitral Tribunal has the power to proceed with the hearing. Article 27(3): The Arbitral Tribunal may require the parties to produce documents and other evidence within such a period of time as the Tribunal determines. Article 27(4): The Arbitral Tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered. Article 30(3): If a party, after invited by the Arbitral Tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause, the Arbitral Tribunal shall make the award on the evidence before it. Article 28(1): In the event of an oral hearing, the Arbitral Tribunal shall give the parties adequate advance notice of the date, time and place of the hearing. Article 28(3): Hearings will be held in private unless the parties agree otherwise. Article 30: If within a period of time fixed by the Rules or the Arbitral Tribunal: (1): The Claimant has failed to communicate its Statement of Claim, the Arbitral Tribunal shall issue and order terminating the Arbitral proceedings, unless there are other remaining matters, such as a counter claim. (2): The Respondent has failed to communicate its response to the Notice of Arbitration or its Statement of Defence, the Arbitral Tribunal shall order the proceedings to continue, without treating such failure as an admission of the Claimant s allegations. Article 30(2): If a party, duly notified under the Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the Arbitral Tribunal may proceed with the arbitration. Article 30(3): If a party, duly invited by the Arbitral Tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the Arbitral Tribunal may make an award on the evidence before it. CENTRE FOR Article 27(3): The Arbitral Tribunal may require the parties to produce documents and other evidence within such a period of time as the Tribunal determines. Article 27(4): The Arbitral Tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered. Article 30(3): If a party, after invited by the Arbitral Tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause, the Arbitral Tribunal shall make the award on the evidence before it. Article 28(1): In the event of an oral hearing, the Arbitral Tribunal shall give the parties adequate advance notice of the date, time and place of the hearing. Article 28(3): Hearings will be held in private unless the parties agree otherwise. Rule 5: The Arbitral Tribunal may conduct the arbitration in such a manner as it considers appropriate and unless the parties to the arbitration agree otherwise, limit the time available for each party to present its case. Article 30: If within a period of time fixed by the Rules or the Arbitral Tribunal: (1): The Claimant has failed to communicate its Statement of Claim, the Arbitral Tribunal shall issue and order terminating the Arbitral proceedings, unless there are other remaining matters, such as a counter claim. (2): The Respondent has failed to communicate its response to the Notice of Arbitration or its Statement of Defence, the Arbitral Tribunal shall order the proceedings to continue, without treating such failure as an admission of the Claimant s allegations. Article 30(2): If a party, duly notified under the Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the Arbitral Tribunal may proceed with the arbitration. Article 30(3): If a party, duly invited by the Arbitral Tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the Arbitral Tribunal may make an award on the evidence before it. Article 23.3: At any time during the Arbitral proceedings the Arbitral Tribunal may require the parties to produce documents or other evidence. The Arbitral Tribunal shall have the right to admit or exclude any document, witness evidence or other evidence. Article 23.10: The Arbitral Tribunal shall determine the admissibility, relevance, materiality and weight of any matter and whether or not to apply the strict rules of evidence. Article 23.4: In the event of an oral hearing, the arbitral tribunal shall give the parties adequate advance notice of the date, time and place of the hearing. Article 23.7: Hearings shall be held in private unless the parties agree otherwise. Article 26.1: If within a period of time set by the Arbitral Tribunal the Claimant has failed to communicate its Statement of Claim without showing sufficient cause for such failure, the Arbitral Tribunal shall issue an order for the termination of the Arbitral Proceedings unless the Respondent has brought a counterclaim and wishes the Arbitration to continue. Article 26.1: If, within the period of time set by the Arbitral Tribunal, the Respondent has failed to communicate its Statement of Defence without showing sufficient cause for such failure, the Arbitral Tribunal may proceed with the Arbitration. Article 19.1: The parties may agree in writing to have a documents-only arbitration. Any party has the right to be heard orally before the Arbitral Tribunal. Article 15.6: Both the Statement of Case and Response shall be accompanied by copies of all essential documents upon which the party relies, unless they are too voluminous, at which point they should be submitted by list. Article 19.1: Any party that expresses a desire has the right to be heard orally before the Arbitral Tribunal. Article 15.8: If the Respondent fails to submit a Statement of Defence or the Claimant a Statement of Defence to Counterclaim, or if at any point any party fails to avail itself of the opportunity to present its case as directed by the Rules or Arbitral Tribunal, the Arbitral Tribunal may nevertheless proceed with the arbitration and make an award. CENTRE Rule 16.6: All statements, documents or other information supplied to the Tribunal by one party shall simultaneously be communicated to the other party. Rule 21.1: Unless the parties have agreed on a documents only arbitration, 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. Rule 22.2: The Tribunal has discretion to allow, refuse or limit the appearance of witnesses. Rule 17.8: If the Claimant fails within the time specified to submit its Statement of Claim, the Tribunal may issue an order for the termination of the Arbitral Proceedings or give such other directions as may be appropriate. Rule 17.9: If the Respondent fails to submit a Statement of Defence, or if at any point any party fails to avail itself of the opportunity to present its case in a manner directed by the Tribunal, the Tribunal may proceed with the arbitration. Rule 21.3: If any party to the proceedings fails to appear at a hearing without showing sufficient cause for such failure, the Tribunal may proceed with the arbitration and may make the award based on the submissions and evidence before it.

8 COMPARISON OF RULES Interim Measures Security of Costs Confidentiality Timing of the Award Decision of the Arbitrators Communication of the Award Article 23(1): Unless the parties have otherwise agreed, as soon as the file has been transmitted to it, the Arbitral Tribunal may order any interim or conservatory measure it deems appropriate. Article 23(1): Unless the parties have otherwise agreed, as soon as the file has been transmitted to it, the Arbitral Tribunal may order any interim or conservatory measure it deems appropriate. The Rules do not provide for the parties to keep the award confidential, however, Article 6 of the Statues of the International Court of Arbitration provides that the work of the Court is confidential in nature which must be respected by everyone who participates in that work in whatever capacity. Article 26(1): At the request of either party the Tribunal may grant interim measures, including the preservation of assets and maintaining the status quo pending the determination of the dispute. Article 26(1): At the request of either party the Tribunal can grant interim measures including the preservation of assets. Article 34(5): The award may be made public with the consent of both parties. Article 24(1): Final Award must be No prescribed time limit for delivering the rendered within 6 months. This time limit award. will run from the date of the last signature by the Arbitral Tribunal or by the parties to the Terms of Reference. Article 24(2): The Court may extend the six months time limit pursuant to a reasoned request from the Arbitral Tribunal or on its own initiative. Article 25(1): When the Arbitral Tribunal is composed of more than one arbitrator, an award is given by the majority decision. If there is no majority, the award shall be made by the Chairman of the Arbitral Tribunal alone. Article 27(1): Before signing any Award, the Arbitral Tribunal shall submit a draft form to the Court. The Award is not rendered by the Arbitral Tribunal until it has been approved by the Court. Article 28(1): Once an Award has been made, the Secretariat shall notify the parties of the decision of the Arbitral Tribunal. Article 33(1): Where there is more than one arbitrator, the decision of the Arbitral Tribunal shall be made by the majority of the arbitrators. Article 34(6): Copies of the award signed by the arbitrators shall be communicated to the parties by the Arbitral Tribunal. CENTRE FOR Article 26(1): At the request of either party the Tribunal may grant interim measures, including the preservation of assets and maintaining the status quo pending the determination of the dispute. Article 26(1): At the request of either party the Tribunal can grant interim measures, including the preservation of assets and maintaining the status quo pending the determination of the dispute. Article 24.1: At the request of either party the Arbitral Tribunal may order any interim measures it deems necessary or appropriate. Article 24.4: The Arbitral Tribunal has the discretion to apportion the costs relating to a request for interim measures in an order, interim award or final award. Article 24.1: At the request of either party the Arbitral Tribunal may order any interim measures it deems necessary or appropriate. Rule 10: The Arbitral Tribunal, the parties Article 39.3: The award may be and the shall keep all matters relating published only if a request for publication to the arbitration confidential, except where is addressed to the Secretariat and its disclosure is necessary for the purposes all reference to names and addresses have of implementation and enforcement. been deleted. Rule 6(1): The Arbitral Tribunal shall render its final award within a period which is limited to three months from the date of delivery of the closing oral submissions or written statements. This limit may be extended by the arbitral tribunal with the consent of the parties, or in the absence of consent, by the Director of the in consultation with the arbitral tribunal and the parties. Article 33(1): Where there is more than one arbitrator, the decision of the Arbitral Tribunal shall be made by the majority of the arbitrators. Rule 6(2): The Arbitral Tribunal shall furnish the Director of the with a signed copy of the award made by it, including any interim or interlocutory award. No prescribed time limit for delivering the award. Article 29.1: Where there are three arbitrators any award or other decision shall be made by the majority of the arbitrators. Article 30.4: The award must be signed by all of the arbitrators. Article 30.5: An award shall be affixed with the seal of the. Article 25: The Tribunal shall have the power, unless otherwise agreed by the parties to order a party to a claim or counterclaim to provide security for all or part of the amount in dispute, order the preservation, storage or disposal of any property under the control of the parties and relating to the subject matter of the arbitration and on a provisional basis, subject to the final determination in an award grant any relief the Arbitral Tribunal would have the power to grant in an award. Article 25.2: The Arbitral Tribunal has the power, upon the application of a party, to order any claiming or counterclaiming party to provide security for the legal costs or other costs of any other party by way of deposit, bank guarantee or in any other manner the Arbitral Tribunal considers appropriate. Article 30.1: Unless the parties agree in writing to the contrary, the parties undertake to keep confidential all matters regarding the arbitration. Article 3.3: The Court does not publish any award or any part of the award without the prior written consent of the parties. No prescribed time limit for delivering of the award. Article 26.3: Where there are three arbitrators and the Arbitral Tribunal fails to agree on any issue, the arbitrators shall decide that issue by majority. Failing a majority decision on any issue, the Chairman of the Arbitral Tribunal shall decide that issue. Article 26.5: The sole arbitrator or chairman shall be responsible for delivering the award to the, which in turn will transmit certified copies to the parties provided that the costs of the arbitration have been paid to the. CENTRE Rule 26.1: The Tribunal may at the request of a party, issue an order or an award granting any interim relief it deems appropriate. The Tribunal may order the party requesting interim relief to provide appropriate security in connection with the relief sought. Rule 26.1: The Tribunal may at the request of a party, issue an order or an award granting any interim relief it deems appropriate. The Tribunal may order the party requesting interim relief to provide appropriate security in connection with the relief sought. Rule 35.1: The parties and the Tribunal shall at all times treat all matters relating to the proceedings and the award as confidential. Rule 28.2: Before issuing the award, the Tribunal shall submit it in draft form to the Registrar. Unless the Registrar extends time or the parties agree otherwise, the Tribunal shall submit the draft award to the Registrar within 45 days from the date the proceedings closed. No award shall be issued by the Tribunal until it has been approved by the Registrar. Rule 28.5: 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. Rule 28.6: The award shall be delivered to the Registrar, who shall transmit certified copies to the parties upon the full settlement of the costs of arbitration.

9 COMPARISON OF RULES Remedying of Omissions Appeal Costs Arbitrators Fees / Institution s Costs Expedited Procedure Article 29(1): On its own initiative, the Arbitral Tribunal may correct a clerical, computation or typographical error, provided such correction is submitted for approval to the Court within 30 days of the date of such Award. Article 29(2): The parties may apply for the correction of a clerical, computation or typographical error, providing such application is made to the Secretariat within 30 days of receipt of the Award by the Tribunal. Article 28(6): All awards shall be binding on the parties. By submitting the dispute to arbitration under these Rules, the parties undertake to carry out any Award without delay and shall be deemed to have waived their right to any form of recourse. Article 30(2): As soon as practicable, the Court shall fix the advance on costs in an amount likely to cover fees and expenses of the arbitrators and the administrative costs for the claims and counterclaims which have been referred to it by the parties. Article 31(1): The costs of the arbitration shall include the fees and expenses of the arbitrators and the administrative expenses fixed by the Court. Article 31(3): The final award shall fix the costs of the arbitration and decide which of the parties shall bear them or in what proportion they shall be borne by the parties. Article 31(1): The costs of the arbitration shall include the fees and expenses of the arbitrators and the administrative expenses fixed by the Court. Set out in the Scales of Administrative Expenses and Arbitrator s Fees found at Appendix III of the Rules. Article 38(1): Within 30 days of receipt of the award, either party, with notice to the other party may request the Arbitral Tribunal to correct in the award any errors in computation and any clerical or typographical errors. Article 38(2): If the Arbitral Tribunal consider the corrections are justified it must make the corrections within 45 days of receipt of the request. Article 39(1): Within 30 days after receipt of the award, either party, with notice to the other party, may request the Arbitral Tribunal make an additional award as to claims presented in the Arbitral proceedings but omitted from the award. Article 39(2): If the Arbitral Tribunal considers the request justified, it shall make the additional award within 60 days of receipt of the request. Article 34(2): All awards shall be made in writing and shall be final and binding on all parties. Article 40: The Arbitral Tribunal shall fix the costs of the arbitration in the final award. Article 42: The costs of the arbitration shall in principle be borne by the unsuccessful party. However, the Arbitral Tribunal may award apportion costs as it considers reasonable taking into account the circumstances of the case. Article 43(1): On its establishment the Arbitral Tribunal may request the parties deposit an equal amount as an advance on costs. Article 41(1): The fees of the Arbitral Tribunal shall be reasonable in amount, taking into account the amount in dispute. CENTRE FOR Article 38(1): Within 30 days of receipt of the award, either party, with notice to the other party may request the Arbitral Tribunal to correct in the award any errors in computation and any clerical or typographical errors. Article 38(2): If the corrections are justified the Arbitral Tribunal shall make the corrections within 45 days of receipt of the request. Article 39(1): Within 30 days after receipt of the award, either party, with notice to the other party, may request the Arbitral Tribunal make an additional award as to claims presented in the Arbitral proceedings but omitted from the award. Article 39(2): If the Arbitral Tribunal considers the request justified, it shall make the additional award within 60 days of receipt of the request. Article 34(2): All awards shall be made in writing and shall be final and binding on all parties. Article 40: The Arbitral Tribunal shall fix the costs of the arbitration in the final award. Article 42: The costs of the arbitration shall in principle be borne by the unsuccessful party. However, the Arbitral Tribunal may award apportion costs as it considers reasonable taking into account the circumstances of the case. Rule 7(1): The term costs shall also include the expenses reasonably incurred by the in connection with the arbitration as well as its administrative charges. Rule 7(3): The administrative charges of the shall be fixed by the Director of the in accordance with the Costs of Arbitration prescribed by the. Rule 7(1): The term costs shall also include the expenses reasonably incurred by the in connection with the arbitration as well as its administrative charges. Rule 7(4): The fees of the Arbitral Tribunal and s administrative charges may, in exceptional or unusual or unforeseen circumstances, be adjusted at the discretion of the Director of the. Article 34.1: Within 30 days after receipt of the award, either party, with notice to the other party, may request the Arbitral Tribunal to correct any errors in computation, clerical or typographical errors in the award. Article 30.2: Awards shall be final and binding. Article 36.1: The Arbitral Tribunal shall determine the costs of the arbitration in its award. Article 36.4: The costs shall in principle be borne by the unsuccessful party. The Arbitral Tribunal may apportion all or part of the costs as is reasonable. Article 36.1: The costs of the arbitration shall include the fees of the Arbitral Tribunal including the travel and other expenses incurred by the arbitrators. No. No. No. Yes. Article 38.1: Shall apply to all cases in which the amount in dispute representing the aggregate of the claim and counterclaim does not exceed USD250, Article 27.1: Within 30 days of receipt of the award (or lesser period agreed by the parties) a party may by written notice to the Registrar and copied to all parties request the Arbitral Tribunal correct in the award any errors in computation, clerical or typographical errors or any errors of a similar nature. Article 26.9: All awards shall be final and binding on the parties. By agreeing to arbitration under the Rules the parties irrevocably waive their right to any form of appeal, review or recourse to any state court or other judicial authority. Article 28.1: The costs of the Arbitration (other than the legal or other costs incurred by the parties) shall be determined by the in accordance with Schedule of Costs set by the. The parties are jointly and severally liable to the Arbitral Tribunal and the for the Arbitration costs. Article 28.3: The Arbitral Tribunal shall have the power to order in its award al or part of the legal costs incurred by a party to be paid by another party. Article 28.1: The costs of the Arbitration (other than the legal or other costs incurred by the parties) shall be determined by the in accordance with Schedule of Costs set by the. The parties are jointly and severally liable to the Arbitral Tribunal and the for the Arbitration costs. No. CENTRE Rule 29.1: Within 30 days of receipt of the award, a party may by written request to the Registrar request the Tribunal to correct in the award any error in computation, any clerical or typographical error or error of a similar nature. If the arbitral tribunal considers the request justified it shall make the correction in 30 days. Rule 28.9: The award shall be final and binding on the parties from the date it is made. Rule: 31.1: The Tribunal shall specify in the award, the total amount of the costs of the arbitration. Unless the parties have agreed otherwise, the Tribunal shall determine in the award the apportionment of the costs of arbitration among the parties. Rule 30.1: The Tribunal s fees and Centre s fees shall be ascertained in accordance with the Schedule of Fees in force at the time of commencement of the arbitration. Yes. Rule 5: Where a dispute does not exceed S$5 million a party may apply by written application for the arbitration to be conducted under the Expedited Procedure.

10 Contacts Robert Joiner Gordon Smith Iain Sharp Julian Wallace Mark Wilson Kelly Wong Anthony Woo Auckland Level 6 70 Shortland Street PO Box 3158 Auckland New Zealand Tel: Fax: Dubai PO Box Al Attar Business Tower Sheikh Zayed Road Dubai United Arab Emirates Tel: Fax: London 25 Fenchurch Avenue EC3M 5AD United Kingdom Tel: Fax: Miami Espirito Santo Plaza 1395 Brickell Avenue Suite 610 Miami, FL United Staes of America Tel: Fax: Sydney Level 31, Citigroup Centre 2 Park Street Sydney NSW 2000 Australia Tel: Fax: Belfast 5/F Lesley Buildings Fountain Street Belfast BT1 5EX United Kingdom Tel: Fax: Hong Kong 11th Floor The Hong Kong Club Building 3A Chater Road Hong Kong Tel: Fax: Madrid Paseo de Recoletos 27 planta Madrid Spain Tel: Fax: Singapore One Phillip Street #13-00 Singapore Tel: Fax: Associated offices Abu Dhabi, Dubai, Dublin, Karachi, Lisbon, Mumbai, New Delhi, Paris, Santiago and Warsaw This publication is for information purposes only and should not be relied on as providing legal advice. For further information, please contact Kennedys. All rights reserved.