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РЕГЛАМЕНТ ОТ 01.01.1988 АРБИТРАЖНЫЙ И ПРИМИРИТЕЛЬНЫЙ РЕГЛАМЕНТЫ МЕЖДУНАРОДНОЙ ТОРГОВОЙ ПАЛАТЫ [АНГЛ.] (ПУБЛИКАЦИЯ МЕЖДУНАРОДНОЙ ТОРГОВОЙ ПАЛАТЫ N 581)

(по состоянию на 20 октября 2006 года)

<<< Назад


                   INTERNATIONAL CHAMBER OF COMMERCE
   
                  INTERNATIONAL COURT OF ARBITRATION
   
                       RULES OF ARBITRATION AND
                         RULES OF CONCILIATION
   
                       (ICC publication No. 581)
   
                                FOREWORD
   
       During the   last   quarter   of   the   twentieth    century,
   international   commercial   arbitration   has   gained  worldwide
   acceptance  as  the  normal  means  of   resolving   international
   commercial  disputes.  National  laws  on  arbitration  have  been
   modernized  on   all   continents.   International   treaties   on
   arbitration  have  been  signed  or  adhered  to  with  impressive
   success.  Arbitration has become part of the curriculum  of  large
   numbers of law schools.  With the gradual removal of political and
   trade barriers and the rapid globalization of the  world  economy,
   new  challenges  have been created for arbitration institutions in
   response to the  growing  demand  of  parties  for  certainty  and
   predictability,  greater  rapidity  and  flexibility  as  well  as
   neutrality  and  efficacy  in  the  resolution  of   international
   disputes.  There  has  been a substantial increase not only in the
   number of cases,  their complexity, the amounts in dispute and the
   diversity  of  the  parties,  but  also in the demands made on the
   process by the parties.
       Since the International Court of Arbitration  was  established
   in  1923,  ICC  arbitration  has  been constantly nourished by the
   experience gathered by the ICC International Court of  Arbitration
   in  the  course  of  administering some ten thousand international
   arbitration cases, now involving each year parties and arbitrators
   from  over 100 countries and from a diversity of legal,  economic,
   cultural and linguistic backgrounds.
       The  present  ICC  Rules  of  Arbitration,  in  effect  as  of
   1 January  1998,  constitute the first major revision of the Rules
   in  more  than  20  years,   following  an  intensive,   worldwide
   consultation  process.  The  changes  made  are designed to reduce
   delays  and  ambiguities  and  to  fill certain gaps,  taking into
   account the evolution of arbitration practice.  The basic features
   of  the  ICC  arbitration  system have not been altered,  however,
   notably  its universality and flexibility,  as well as the central
   role  played  by  the  ICC Court in the administration of arbitral
   cases.
       Every ICC arbitration is conducted  by  an  arbitral  tribunal
   with  responsibility  for  examining  the  merits  of the case and
   rendering a final award.  Each year,  ICC arbitrations are held in
   some  40  countries,  in several languages and with arbitrators of
   some 60  different  nationalities.  The  work  of  those  arbitral
   tribunals  is  monitored  by  the ICC Court,  which meets at least
   three (and often four) times a month  all  year  round.  Currently
   composed  of  some  65  members from over 55 countries,  the Court
   organizes and supervises arbitrations held under the ICC Rules  of
   Arbitration.  The Court must remain constantly alert to changes in
   the law and the practice of arbitration in all parts of the  world
   and  must  adapt  its  working  methods  to  the evolving needs of
   parties and arbitrators. For the day-to-day management of cases in
   several  languages,  the  ICC  Court is supported by a Secretariat
   based  at  the  headquarters  of  the  International  Chamber   of
   Commerce, in Paris.
       Although the ICC Rules of  Arbitration  have  been  especially
   designed  for  arbitrations in an international context,  they may
   also be used for non-international cases.
       The first  prints  of  the 1998 ICC Rules (November 1997 & May
   1998) contained  certain  typographical  errors  which  have  been
   corrected for this reprint.  Also,  one correction was brought  to
   Article  8 (4) which resolves a discrepancy between the French and
   English versions (which are both  official).  The  words  "by  the
   Court" at the end of the first sentence of Article 8 (4) have been
   deleted in view of the fact that arbitrators may also be confirmed
   by the Secretary General under Article 9 (2).  The same correction
   was brought to Article 2 (2) of Appendix II.
   
                 The ICC Rules of Optional Conciliation
   
       The  current  ICC  Rules  of  Conciliation  came into force on
   1   January   1988.   Conciliation  is  a process  independent  of
   arbitration.  It remains entirely optional unless the parties have
   otherwise agreed.  The ICC Rules of Arbitration do not require the
   parties   to   attempt   conciliation   prior   to  commencing  an
   arbitration.  So,  too,  the Rules of Optional Conciliation permit
   conciliation to be attempted without requiring that the dispute be
   referred to arbitration thereafter if the conciliation  effort  is
   unsuccessful.
   
                    STANDARD ICC ARBITRATION CLAUSE
   
       The ICC  recommends that all parties wishing to make reference
   to ICC arbitration in their contracts use the  following  standard
   clause.
       Parties are reminded that it may  be  desirable  for  them  to
   stipulate  in  the arbitration clause itself the law governing the
   contract,  the number of arbitrators and the place and language of
   the arbitration. The parties' free choice of the law governing the
   contract and of the place and language of the arbitration  is  not
   limited by the ICC Rules of Arbitration.
       Attention is called to the  fact  that  the  laws  of  certain
   countries  require  that  parties  to  contracts  expressly accept
   arbitration clauses, sometimes in a precise and particular manner.
   
       English
   
       "All disputes arising out of or in connection with the present
   contract  shall  be finally settled under the Rules of Arbitration
   of  the  International  Chamber  of  Commerce  by  one   or   more
   arbitrators appointed in accordance with the said Rules."
   
       Russian
   
       "Любые споры,  возникающие из настоящего контракта или в связи
   с ним,  подлежат окончательному урегулированию  в  соответствии  с
   Арбитражным  Регламентом Международной Торговой Палаты,  одним или
   несколькими  арбитрами,  назначенными  в   соответствии   с   этим
   Регламентом".
   
                          RULES OF ARBITRATION
                OF THE INTERNATIONAL CHAMBER OF COMMERCE
   
                        INTRODUCTORY PROVISIONS
   
                               Article 1
   
                   International Court of Arbitration
   
       1. The International Court of Arbitration (the "Court") of the
   International Chamber of Commerce (the "ICC") is  the  arbitration
   body attached to the ICC.  The statutes of the Court are set forth
   in Appendix I.  Members of the Court are appointed by the  Council
   of  the  ICC.  The  function  of  the  Court is to provide for the
   settlement by arbitration of business disputes of an international
   character  in  accordance  with  the  Rules  of Arbitration of the
   International Chamber of Commerce (the "Rules").  If so  empowered
   by an arbitration agreement,  the Court shall also provide for the
   settlement by  arbitration  in  accordance  with  these  Rules  of
   business disputes not of an international character.
       2. The Court does not  itself  settle  disputes.  It  has  the
   function  of ensuring the application of these Rules.  It draws up
   its own Internal Rules (Appendix II).
       3. The Chairman of the Court, or, in the Chairman's absence or
   otherwise at his request,  one of its Vice-Chairmen shall have the
   power  to  take urgent decisions on behalf of the Court,  provided
   that any such decision is  reported  to  the  Court  at  its  next
   session.
       4. As provided for  in  its  Internal  Rules,  the  Court  may
   delegate  to  one  or  more committees composed of its members the
   power to take certain decisions,  provided that any such  decision
   is reported to the Court at its next session.
       5. The Secretariat of the Court (the "Secretariat") under  the
   direction of its Secretary General (the "Secretary General") shall
   have its seat at the headquarters of the ICC.
   
                               Article 2
   
                              Definitions
   
       In these Rules:
       i) "Arbitral Tribunal" includes one or more arbitrators.
       ii) "Claimant" includes one or more claimants and "Respondent"
   includes one or more respondents.
       iii) "Award" includes,  inter alia,  an  interim,  partial  or
   final Award.
   
                               Article 3
   
          Written Notifications or Communications; Time Limits
   
       1. All pleadings and other written communications submitted by
   any party,  as well as all documents  annexed  thereto,  shall  be
   supplied  in a number of copies sufficient to provide one copy for
   each party,  plus  one  for  each  arbitrator,  and  one  for  the
   Secretariat.  A  copy  of  any  communication  from  the  Arbitral
   Tribunal to the parties shall be sent to the Secretariat.
       2. All  notifications  or  communications from the Secretariat
   and the Arbitral Tribunal shall be made to the last address of the
   party  or  its  representative for whom the same are intended,  as
   notified either by the party in question or by  the  other  party.
   Such notification or communication may be made by delivery against
   receipt,  registered post, courier, facsimile transmission, telex,
   telegram  or  any other means of telecommunication that provides a
   record of the sending thereof.
       3. A  notification  or  communication  shall be deemed to have
   been made on the day it was received by the party itself or by its
   representative,  or would have been received if made in accordance
   with the preceding paragraph.
       4. Periods  of  time specified in,  or fixed under the present
   Rules,  shall start to  run  on  the  day  following  the  date  a
   notification  or  communication  is  deemed  to  have been made in
   accordance  with  the  preceding  paragraph.  When  the  day  next
   following such date is an official holiday,  or a non-business day
   in the country where the notification or communication  is  deemed
   to have been made,  the period of time shall commence on the first
   following business day. Official holidays  and  non-business  days
   are included in the calculation of the period of time. If the last
   day of the relevant period of time granted is an official  holiday
   or  a  non-business  day  in the country where the notification or
   communication is deemed to have been  made,  the  period  of  time
   shall expire at the end of the first following business day.
   
                       COMMENCING THE ARBITRATION
   
                               Article 4
   
                        Request for Arbitration
   
       1. A party wishing to have recourse to arbitration under these
   Rules shall submit its Request for Arbitration (the "Request")  to
   the Secretariat, which shall notify the Claimant and Respondent of
   the receipt of the Request and the date of such receipt.
       2. The   date   on   which   the   Request   is   received  by
   the Secretariat shall,  for all purposes, be deemed to be the date
   of the commencement of the arbitral proceedings.
       3. The  Request  shall,  inter  alia,  contain  the  following
   information:
       a) the  name  in full,  description and address of each of the
   parties;
       b) a  description  of  the  nature  and  circumstances  of the
   dispute giving rise to the claims;
       c) a statement of the relief sought,  including, to the extent
   possible, an indication of any amount(s) claimed;
       d) the relevant agreements and, in particular, the arbitration
   agreement;
       e) all   relevant   particulars   concerning   the  number  of
   arbitrators and their choice in accordance with the provisions  of
   Articles 8, 9 and 10, and any nomination of an arbitrator required
   thereby; and
       f) any comments as to the place of arbitration, the applicable
   rules of law and the language of the arbitration.
       4. Together with the Request,  the Claimant shall  submit  the
   number of  copies thereof required by Article 3 (1) and shall make
   the  advance  payment  on  administrative  expenses  required   by
   Appendix  III  ("Arbitration Costs and Fees") in force on the date
   the Request is submitted.  In the event that the Claimant fails to
   comply with either of these requirements,  the Secretariat may fix
   a time limit within which the Claimant must comply,  failing which
   the  file  shall  be  closed without prejudice to the right of the
   Claimant to submit the same claims at  a  later  date  in  another
   Request.
       5. The Secretariat shall send a copy of the  Request  and  the
   documents  annexed thereto to the Respondent for its Answer to the
   Request once the Secretariat has sufficient copies of the  Request
   and the required advance payment.
       6. When a party submits a Request in connection with  a  legal
   relationship  in  respect of which arbitration proceedings between
   the same parties are already pending under these Rules,  the Court
   may,  at  the request  of  a  party,  decide to include the claims
   contained in the Request in the pending proceedings provided  that
   the  Terms  of  Reference  have not been signed or approved by the
   Court. Once the Terms of Reference have been signed or approved by
   the Court,  claims may only be included in the pending proceedings
   subject to the provisions of Article 19.
   
                               Article 5
   
                  Answer to the Request; Counterclaims
   
       1. Within 30 days from the receipt of  the  Request  from  the
   Secretariat,  the  Respondent  shall file an Answer (the "Answer")
   which shall, inter alia, contain the following information:
       a) its name in full, description and address;
       b) its comments as to the  nature  and  circumstances  of  the
   dispute giving rise to the claim(s);
       c) its response to the relief sought;
       d) any comments concerning the number of arbitrators and their
   choice in light of the Claimant's proposals and in accordance with
   the provisions of Articles 8,  9 and 10,  and any nomination of an
   arbitrator required thereby; and
       e) any comments as to the place of arbitration, the applicable
   rules of law and the language of the arbitration.
       2. The  Secretariat  may  grant the Respondent an extension of
   the time for filing the Answer,  provided the application for such
   an  extension  contains  the  Respondent's comments concerning the
   number of arbitrators and their choice,  and,  where  required  by
   Articles  8,  9  and 10,  the nomination of an arbitrator.  If the
   Respondent fails to do ,so,  the Court shall proceed in accordance
   with these Rules.
       3. The Answer shall be supplied  to  the  Secretariat  in  the
   number of copies specified by Article 3 (1).
       4. A copy of the Answer  and  the  documents  annexed  thereto
   shall be communicated by the Secretariat to the Claimant.
       5. Any counterclaim(s) made by the Respondent shall  be  filed
   with its Answer and shall provide:
       a) a description  of  the  nature  and  circumstances  of  the
   dispute giving rise to the counterclaim(s); and
       b) a statement of the relief sought,  including, to the extent
   possible, an indication of any amount(s) counterclaimed.
       6. The Claimant shall file a Reply to any counterclaim  within
   30   days   from  the  date  of  receipt  of  the  counterclaim(s)
   communicated by the Secretariat.  The Secretariat  may  grant  the
   Claimant an extension of time for filing the Reply.
   
                               Article 6
   
                  Effect of the Arbitration Agreement
   
       1. Where  the  parties  have  agreed  to submit to arbitration
   under the Rules, they shall be deemed to have submitted ipso facto
   to  the  Rules  in  effect  on  the  date  of  commencement of the
   arbitration proceedings unless they have agreed to submit  to  the
   Rules in effect on the date of their arbitration agreement.
       2. If the Respondent does not file an Answer,  as provided  by
   Article 5, or if any party raises one or more pleas concerning the
   existence,  validity or scope of the  arbitration  agreement,  the
   Court may decide, without prejudice to the admissibility or merits
   of the plea or pleas, that the arbitration shall proceed  if it is
   prima  facie  satisfied  that  an  arbitration agreement under the
   Rules  may  exist.  In  such  a  case,  any  decision  as  to  the
   jurisdiction  of  the  Arbitral  Tribunal  shall  be  taken by the
   Arbitral Tribunal itself.  If the Court is not so  satisfied,  the
   parties shall be notified that the arbitration cannot proceed.  In
   such a case,  any party retains the right to ask any court  having
   jurisdiction  whether  or  not  there  is  a  binding  arbitration
   agreement.
       3. If  any of the parties refuses or fails to take part in the
   arbitration or any stage thereof,  the arbitration  shall  proceed
   notwithstanding such refusal or failure.
       4. Unless otherwise agreed,  the Arbitral Tribunal  shall  not
   cease  to  have  jurisdiction  by  reason  of  any  claim that the
   contract is null and void or allegation  that  it  is non-existent
   provided  that  the  Arbitral Tribunal upholds the validity of the
   arbitration agreement.  The Arbitral Tribunal  shall  continue  to
   have  jurisdiction  to  determine  the  respective rights  of  the
   parties and to adjudicate their claims and pleas even  though  the
   contract itself may be non-existent or null and void.
   
                         THE ARBITRAL TRIBUNAL
   
                               Article 7
   
                           General Provisions
   
       1. Every  arbitrator  must  be  and  remain independent of the
   parties involved in the arbitration.
       2. Before   appointment   or   confirmation,   a   prospective
   arbitrator shall sign a statement of independence and disclose  in
   writing  to the Secretariat any facts or circumstances which might
   be of such a nature as to  call  into  question  the  arbitrator's
   independence  in  the  eyes of the parties.  The Secretariat shall
   provide such information to the parties in writing and fix a  time
   limit for any comments from them.
       3. An arbitrator shall immediately disclose in writing to  the
   Secretariat  and  to  the  parties any facts or circumstances of a
   similar nature which may arise during the arbitration.
       4. The   decisions   of  the  Court  as  to  the  appointment,
   confirmation,  challenge or replacement of an arbitrator shall  be
   final   and   the   reasons   for  such  decisions  shall  not  be
   communicated.
       5. By accepting to serve, every arbitrator undertakes to carry
   out his responsibilities in accordance with these Rules.
       6. Insofar  as  the  parties have not provided otherwise,  the
   Arbitral Tribunal shall be  constituted  in  accordance  with  the
   provisions of Articles 8, 9 and 10.
   
                               Article 8
   
                         Number of Arbitrators
   
       1. The  disputes  shall  be decided by a sole arbitrator or by
   three arbitrators.
       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 that the dispute is such as to warrant the
   appointment of three arbitrators. In such case, the Claimant shall
   nominate an arbitrator within a period of 15 days from the receipt
   of the  notification  of  the  decision  of  the  Court,  and  the
   Respondent shall nominate an arbitrator within a period of 15 days
   from the receipt of the notification of the nomination made by the
   Claimant.
       3. Where the parties have agreed that  the  dispute  shall  be
   settled by a sole arbitrator, they may, by agreement, nominate the
   sole arbitrator for confirmation.  If the parties fail to nominate
   a sole arbitrator within 30 days from the date when the Claimant's
   Request for Arbitration has been received by the other  party,  or
   within  such additional time as may be allowed by the Secretariat,
   the sole arbitrator shall be appointed by the Court.
       4. Where  the  dispute is to be referred to three arbitrators,
   each  party  shall  nominate  in  the  Request  and  the   Answer,
   respectively, one arbitrator for confirmation. If a party fails to
   nominate an arbitrator,  the appointment  shall  be  made  by  the
   Court.  The  third  arbitrator,  who  will  act as chairman of the
   Arbitral Tribunal,  shall be appointed by the  Court,  unless  the
   parties  have  agreed upon another procedure for such appointment,
   in which case the  nomination  will  be  subject  to  confirmation
   pursuant  to  Article  9.  Should  such  procedure not result in a
   nomination within the time limit  fixed  by  the  parties  or  the
   Court, the third arbitrator shall be appointed by the Court.
   
                               Article 9
   
            Appointment and Confirmation of the Arbitrators
   
       1. In  confirming  or appointing arbitrators,  the Court shall
   consider the prospective arbitrator's nationality,  residence  and
   other relationships with the countries of which the parties or the
   other arbitrators are nationals and the  prospective  arbitrator's
   availability  and ability to conduct the arbitration in accordance
   with these Rules. The same shall apply where the Secretary General
   confirms arbitrators pursuant to Article 9 (2).
       2. The Secretary General may confirm as  co-arbitrators,  sole
   arbitrators  and  chairmen of Arbitral Tribunals persons nominated
   by  the  parties  or  pursuant  to  their  particular  agreements,
   provided  they  have  filed  a  statement  of independence without
   qualification or a qualified statement  of  independence  has  not
   given  rise to objections.  Such confirmation shall be reported to
   the Court at its next session.  If the Secretary General considers
   that  a co-arbitrator,  sole arbitrator or chairman of an Arbitral
   Tribunal should not be confirmed,  the matter shall  be  submitted
   to the Court.
       3. Where the Court is to appoint  a  sole  arbitrator  or  the
   chairman  of  an Arbitral Tribunal,  it shall make the appointment
   upon a proposal of  a  National  Committee  of  the  ICC  that  it
   considers  to  be  appropriate.  If  the Court does not accept the
   proposal made,  or if the National Committee  fails  to  make  the
   proposal  requested within the time limit fixed by the Court,  the
   Court may repeat its  request  or  may  request  a  proposal  from
   another National Committee that it considers to be appropriate.
       4. Where the Court considers that the circumstances so demand,
   it  may choose the sole arbitrator or the chairman of the Arbitral
   Tribunal from a country where  there  is  no  National  Committee,
   provided that neither of the parties objects within the time limit
   fixed by the Court.
       5. The  sole  arbitrator  or  the  chairman  of  the  Arbitral
   Tribunal shall be  of  a  nationality  other  than  those  of  the
   parties.  However,  in  suitable  circumstances  and provided that
   neither of the parties objects within the time limit fixed by  the
   Court,  the  sole  arbitrator  or  the  chairman  of  the Arbitral
   Tribunal may be chosen from a country of which any of the  parties
   is a national.
       6. Where the Court is to appoint an arbitrator on behalf of  a
   party  which  has  failed  to  nominate  one,  it  shall  make the
   appointment upon a proposal  of  the  National  Committee  of  the
   country  of which that party is a national.  If the Court does not
   accept the proposal made,  or if the National Committee  fails  to
   make  the  proposal  requested  within the time limit fixed by the
   Court, or if the country of which the said party is a national has
   no National Committee, the Court shall be at liberty to choose any
   person whom it regards as suitable.  The Secretariat shall  inform
   the  National  Committee,  if one exists,  of the country of which
   such person is a national.
   
                               Article 10
   
                            Multiple Parties
   
       1. Where there are multiple parties, whether as Claimant or as
   Respondent,  and  where  the  dispute  is  to be referred to three
   arbitrators,  the multiple Claimants,  jointly,  and the  multiple
   Respondents,   jointly,   shall   nominate   an   arbitrator   for
   confirmation pursuant to Article 9.
       2. In  the  absence  of  such a joint nomination and where all
   parties are unable to agree to a method for  the  constitution  of
   the  Arbitral  Tribunal,  the Court may appoint each member of the
   Arbitral Tribunal and  shall  designate one  of  them  to  act  as
   chairman.  In  such case,  the Court shall be at liberty to choose
   any person it regards as suitable to act as  arbitrator,  applying
   Article 9 when it considers this appropriate.
   
                               Article 11
   
                        Challenge of Arbitrators
   
       1. A  challenge of an arbitrator,  whether for an alleged lack
   of independence or otherwise,  shall be made by the submission  to
   the  Secretariat  of  a written statement specifying the facts and
   circumstances on which the challenge is based.
       2. For  a  challenge  to  be admissible,  it must be sent by a
   party either within 30 days from receipt  by  that  party  of  the
   notification of the appointment or confirmation of the arbitrator,
   or within 30  days  from  the  date  when  the  party  making  the
   challenge was informed of the facts and circumstances on which the
   challenge is based if such date is subsequent to  the  receipt  of
   such notification.
       3. The Court shall decide on the admissibility,  and,  at  the
   same  time,  if necessary,  on the merits of a challenge after the
   Secretariat  has  afforded  an  opportunity  for  the   arbitrator
   concerned, the other party or parties and any other members of the
   Arbitral Tribunal,  to comment in writing within a suitable period
   of time. Such comments shall be communicated to the parties and to
   the arbitrators.
   
                               Article 12
   
                       Replacement of Arbitrators
   
       1. An arbitrator shall be replaced upon his  death,  upon  the
   acceptance  by  the  Court  of the arbitrator's resignation,  upon
   acceptance by the Court of a challenge or upon the request of  all
   the parties.
       2. An arbitrator shall also be replaced  on  the  Court's  own
   initiative  when  it  decides  that  he is prevented de jure or de
   facto from fulfilling his functions,  or that he is not fulfilling
   his   functions  in  accordance  with  the  Rules  or  within  the
   prescribed time limits.
       3. When,  on  the  basis  of  information that has come to its
   attention, the Court considers applying Article 12 (2),  it  shall
   decide  on the matter after the arbitrator concerned,  the parties
   and any other  members  of  the  Arbitral  Tribunal  have  had  an
   opportunity  to  comment  in  writing  within a suitable period of
   time.  Such comments shall be communicated to the parties  and  to
   the arbitrators.
       4. When an  arbitrator  is  to  be  replaced,  the  Court  has
   discretion  to  decide  whether  or  not  to  follow  the original
   nominating process.  Once reconstituted,  and after having invited
   the  parties to comment,  the Arbitral Tribunal shall determine if
   and to what extent prior proceedings shall be repeated before  the
   reconstituted Arbitral Tribunal.
       5. Subsequent to the closing of the  proceedings,  instead  of
   replacing  an arbitrator who has died or been removed by the Court
   pursuant to Articles 12 (1) and 12 (2), the Court may decide, when
   it considers it appropriate,  that the remaining arbitrators shall
   continue the arbitration.  In making such determination, the Court
   shall take into account the views of the remaining arbitrators and
   of  the  parties  and  such  other  matters  that   it   considers
   appropriate in the circumstances.
   
                        THE ARBITRAL PROCEEDINGS
   
                               Article 13
   
           Transmission of the File to the Arbitral Tribunal
   
       The Secretariat  shall  transmit  the  file  to  the  Arbitral
   Tribunal as soon as it has been constituted,  provided the advance
   on costs requested by the Secretariat at this stage has been paid.
   
                               Article 14
   
                        Place of the Arbitration
   
       1. The  place  of  the arbitration shall be fixed by the Court
   unless agreed upon by the parties.
       2. The  Arbitral  Tribunal  may,  after  consultation with the
   parties,  conduct  hearings  and  meetings  at  any  location   it
   considers appropriate unless otherwise agreed by the parties.
       3.  The  Arbitral  Tribunal  may deliberate at any location it
   considers appropriate.
   
                               Article 15
   
                    Rules Governing the Proceedings
   
       1. The  proceedings  before  the  Arbitral  Tribunal  shall be
   governed by these Rules, and, where these Rules are silent, by any
   rules  which the parties or,  failing them,  the Arbitral Tribunal
   may settle on,  whether or not reference is thereby  made  to  the
   rules  of  procedure  of  a  national  law  to  be  applied to the
   arbitration.
       2. In  all  cases,  the Arbitral Tribunal shall act fairly and
   impartially  and  ensure  that  each  party   has   a   reasonable
   opportunity to present its case.
   
                               Article 16
   
                      Language of the Arbitration
   
       In the absence of an agreement by the  parties,  the  Arbitral
   Tribunal   shall  determine  the  language  or  languages  of  the
   arbitration, due regard being given to all relevant circumstances,
   including the language of the contract.
   
                               Article 17
   
                        Applicable Rules of Law
   
       1. The parties shall be free to agree upon the rules of law to
   be  applied by the Arbitral Tribunal to the merits of the dispute.
   In the absence of any such agreement,  the Arbitral Tribunal shall
   apply the rules of law which it determines to be appropriate.
       2. In all cases the Arbitral Tribunal shall  take  account  of
   the provisions of the contract and the relevant trade usages.
       3. The Arbitral Tribunal shall assume the powers of an amiable
   compositeur  or  decide  ex aequo et bono only if the parties have
   agreed to give it such powers.
   
                               Article 18
   
                Terms of Reference; Procedural Timetable
   
       1. As soon as it has received the file from  the  Secretariat,
   the Arbitral Tribunal shall draw up,  on the basis of documents or
   in the presence of the parties and in  the  light  of  their  most
   recent  submissions,  a  document defining its Terms of Reference.
   This document shall include the following particulars:
       a) the full names and descriptions of the parties;
       b) the  addresses  of  the  parties to which notifications and
   communications  arising  in  the  course of the arbitration may be
   made;
       c) a summary of the parties'  respective  claims  and  of  the
   relief  sought  by  each  party,  with an indication to the extent
   possible of the amounts claimed or counterclaimed;
       d) unless the Arbitral Tribunal considers it inappropriate,  a
   list of issues to be determined;
       e) the   full   names,   descriptions  and  addresses  of  the
   arbitrators;
       f) the place of the arbitration; and
       g) particulars of the applicable procedural rules and, if such
   is  the  case,  reference to the power conferred upon the Arbitral
   Tribunal to act as amiable compositeur or to decide  ex  aequo  et
   bono.
       2. The  Terms  of Reference shall be signed by the parties and
   the Arbitral Tribunal.  Within two months of the date on which the
   file  has  been  transmitted  to  it,  the Arbitral Tribunal shall
   transmit to the Court the Terms of Reference signed by it  and  by
   the  parties.  The  Court may extend this time limit pursuant to a
   reasoned  request  from  the  Arbitral  Tribunal  or  on  its  own
   initiative if it decides it is necessary to do so.
       3. If any of the parties refuses to take part in  the  drawing
   up  of  the Terms of Reference or to sign the same,  they shall be
   submitted to the Court for approval.  When the Terms of  Reference
   are signed  in  accordance  with Article 18 (2) or approved by the
   Court, the arbitration shall proceed.
       4. When  drawing  up  the  Terms  of Reference,  or as soon as
   possible thereafter, the Arbitral Tribunal, after having consulted
   the parties,  shall establish in a separate document a provisional
   timetable that it  intends  to  follow  for  the  conduct  of  the
   arbitration and shall communicate it to the Court and the parties.
   Any subsequent modifications of the provisional timetable shall be
   communicated to the Court and the parties.
   
                               Article 19
   
                               New Claims
   
       After the Terms of Reference have been signed or  approved  by
   the  Court,  no party shall make new claims or counterclaims which
   fall outside the limits of the Terms of Reference  unless  it  has
   been  authorized  to  do so by the Arbitral Tribunal,  which shall
   consider the nature of such new claims or counterclaims, the stage
   of the arbitration and other relevant circumstances.
   
                               Article 20
   
                   Establishing the Facts of the Case
   
       1. The Arbitral Tribunal shall proceed within as short a  time
   as  possible to establish the facts of the case by all appropriate
   means.
       2. After  studying  the written submissions of the parties and
   all documents relied upon,  the Arbitral Tribunal shall  hear  the
   parties together in person if any of them so requests or,  failing
   such a request, it may of its own motion decide to hear them.
       3. The Arbitral Tribunal may decide to hear witnesses, experts
   appointed by the parties or any other person,  in the presence  of
   the  parties,  or  in  their  absence provided they have been duly
   summoned.
       4. The Arbitral Tribunal,  after having consulted the parties,
   may appoint one or more experts,  define their terms of  reference
   and receive their reports.  At the request of a party, the parties
   shall be given the opportunity to question at a hearing  any  such
   expert appointed by the Tribunal.
       5. At any time during the proceedings,  the Arbitral  Tribunal
   may summon any party to provide additional evidence.
       6. The Arbitral Tribunal may decide the  case  solely  on  the
   documents  submitted  by  the  parties  unless  any of the parties
   requests a hearing.
       7. The  Arbitral  Tribunal  may  take  measures for protecting
   trade secrets and confidential information.
   
                               Article 21
   
                                Hearings
   
       1. When a hearing is to be held, the Arbitral Tribunal, giving
   reasonable notice, shall summon the parties to appear before it on
   the day and at the place fixed by it.
       2. If  any  of the parties,  although duly summoned,  fails to
   appear without valid excuse,  the Arbitral Tribunal shall have the
   power to proceed with the hearing.
       3. The Arbitral Tribunal  shall  be  in  full  charge  of  the
   hearings,  at  which  all  the  parties  shall  be  entitled to be
   present.  Save with the approval of the Arbitral Tribunal and  the
   parties,  persons  not  involved  in  the proceedings shall not be
   admitted.
       4. The parties may appear in person or through duly authorized
   representatives. In addition, they may be assisted by advisers.
   
                               Article 22
   
                       Closing of the Proceedings
   
       1. When it is satisfied that the parties have had a reasonable
   opportunity  to  present their cases,  the Arbitral Tribunal shall
   declare the proceedings closed.  Thereafter, no further submission
   or argument may be made, or evidence produced, unless requested or
   authorized by the Arbitral Tribunal.
       2. When  the  Arbitral  Tribunal  has declared the proceedings
   closed,  it  shall indicate to the Secretariat an approximate date
   by  which  the  draft  Award  will  be  submitted to the Court for
   approval  pursuant  to  Article 27.  Any postponement of that date
   shall be communicated to the Secretariat by the Arbitral Tribunal.
   
                               Article 23
   
                   Conservatory and Interim Measures
   
       1. Unless  the  parties have otherwise agreed,  as soon as the
   file has been transmitted to it, the Arbitral Tribunal may, at the
   request  of a party,  order any interim or conservatory measure it
   deems appropriate.  The Arbitral Tribunal may make the granting of
   any  such  measure subject to appropriate security being furnished
   by  the requesting party.  Any such measure shall take the form of
   an order, giving reasons, or of an Award, as the Arbitral Tribunal
   considers appropriate.
       2. Before  the  file  is transmitted to the Arbitral Tribunal,
   and in appropriate circumstances even thereafter,  the parties may
   apply   to   any  competent  judicial  authority  for  interim  or
   conservatory measures.  The application of a party to  a  judicial
   authority  for such measures or for the implementation of any such
   measures ordered by an Arbitral Tribunal shall not be deemed to be
   an infringement or a waiver of the arbitration agreement and shall
   not affect the relevant powers reserved to the Arbitral  Tribunal.
   Any  such  application  and  any  measures  taken  by the judicial
   authority must be notified without delay to the  Secretariat.  The
   Secretariat shall inform the Arbitral Tribunal thereof.
   
                                 AWARDS
   
                               Article 24
   
                        Time Limit for the Award
   
       1. The  time  limit  within  which  the Arbitral Tribunal must
   render its final Award is six months.  Such time limit shall start
   to  run  from  the  date  of  the  last  signature by the Arbitral
   Tribunal or of the parties of the Terms of Reference,  or,  in the
   case of application of Article 18(3), the date of the notification
   to the Arbitral Tribunal by the Secretariat of the approval of the
   Terms of Reference by the Court.
       2. The Court may extend this time limit pursuant to a reasoned
   request  from the Arbitral Tribunal or on its own initiative if it
   decides it is necessary to do so.
   
                               Article 25
   
                          Making of the Award
   
       1. When the Arbitral Tribunal is composed  of  more  than  one
   arbitrator,  an Award is given by a majority decision. If there be
   no majority the Award  shall  be  made  by  the  chairman  of  the
   Arbitral Tribunal alone.
       2. The Award shall state the reasons upon which it is based.
       3. The  Award  shall  be deemed to be made at the place of the
   arbitration and on the date stated therein.
   
                               Article 26
   
                            Award by Consent
   
       If the parties reach a settlement  after  the  file  has  been
   transmitted  to  the  Arbitral Tribunal in accordance with Article
   13,  the settlement shall be recorded in the form of an Award made
   by  consent  of  the parties if so requested by the parties and if
   the Arbitral Tribunal agrees to do so.
   
                               Article 27
   
                   Scrutiny of the Award by the Court
   
       Before signing any Award,  the Arbitral Tribunal shall  submit
   it   in   draft  form  to  the  Court.  The  Court  may  lay  down
   modifications as to the form of the Award and,  without  affecting
   the  Arbitral  Tribunal's  liberty of decision,  may also draw its
   attention to points of substance.  No Award shall be  rendered  by
   the  Arbitral  Tribunal until it has been approved by the Court as
   to its form.
   
                               Article 28
   
         Notification, Deposit and Enforceability of the Award
   
       1. Once an Award has been made,  the Secretariat shall  notify
   to the parties the text signed by the Arbitral Tribunal,  provided
   always that the costs of the arbitration have been fully  paid  to
   the ICC by the parties or by one of them.
       2. Additional copies certified true by the  Secretary  General
   shall be made available on request and at any time to the parties,
   but to no one else.
       3. By  virtue  of  the  notification  made  in accordance with
   Paragraph 1 of this Article,  the parties waive any other form  of
   notification or deposit on the part of the Arbitral Tribunal.
       4. An original of each  Award  made  in  accordance  with  the
   present Rules shall be deposited with the Secretariat.
       5. The Arbitral Tribunal and the Secretariat shall assist  the
   parties  in  complying  with  whatever  further formalities may be
   necessary.
       6. Every Award 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 insofar as such
   waiver can validly be made.
   
                               Article 29
   
               Correction and Interpretation of the Award
   
       1. On its own initiative,  the Arbitral Tribunal may correct a
   clerical,  computational or typographical error,  or any errors of
   similar nature contained in an Award,  provided such correction is
   submitted for approval to the Court within 30 days of the date  of
   such Award.
       2. Any application of a party for the correction of  an  error
   of   the   kind  referred  to  in  Article  29  (1),  or  for  the
   interpretation of an Award, must be made to the Secretariat within
   30 days of the receipt of the Award by such party,  in a number of
   copies as stated in  Article  3  (1).  After  transmittal  of  the
   application  to  the  Arbitral Tribunal,  it shall grant the other
   party a short time limit, normally not exceeding 30 days, from the
   receipt  of  the  application by that party to submit any comments
   thereon.  If the Arbitral Tribunal decides to correct or interpret
   the Award, it shall submit its decision in draft form to the Court
   not later than 30 days following the expiration of the time  limit
   for  the  receipt  of  any comments from the other party or within
   such other period as the Court may decide.
       3. The  decision  to  correct  or to interpret the Award shall
   take the form of an addendum and  shall  constitute  part  of  the
   Award.  The  provisions  of  Articles  25,  27  and 28 shall apply
   mutatis mutandis.
   
                                 COSTS
   
                               Article 30
   
             Advance to Cover the Costs of the Arbitration
   
       1. After receipt of the Request,  the  Secretary  General  may
   request  the  Claimant  to  pay a provisional advance in an amount
   intended to cover the costs of  arbitration  until  the  Terms  of
   Reference have been drawn up.
       2. As soon as practicable,  the Court shall fix the advance on
   costs  in  an  amount likely to cover the fees and expenses of the
   arbitrators and the ICC administrative costs for  the  claims  and
   counterclaims which have been referred to it by the parties.  This
   amount may be subject to  readjustment  at  any  time  during  the
   arbitration.  Where,  apart  from  the  claims,  counterclaims are
   submitted,  the Court may fix separate advances on costs  for  the
   claims and the counterclaims.
       3. The advance on costs fixed by the Court shall be payable in
   equal  shares by the Claimant and the Respondent.  Any provisional
   advance paid on the basis of Article 30 (1) will be considered  as
   a partial payment thereof. However, any party shall be free to pay
   the whole of the advance on costs  in  respect  of  the  principal
   claim  or  the counterclaim should the other party fail to pay its
   share.  When the Court has  set  separate  advances  on  costs  in
   accordance with Article 30 (2),  each of the parties shall pay the
   advance on costs corresponding to its claims.
       4. When  a  request  for  an  advance  on  costs  has not been
   complied with,  and after consultation with the Arbitral Tribunal,
   the  Secretary General may direct the Arbitral Tribunal to suspend
   its work and set a time limit,  which must be  not  less  than  15
   days,   on   the   expiry   of   which  the  relevant  claims,  or
   counterclaims,  shall be considered as withdrawn. Should the party
   in  question wish to object to this measure it must make a request
   within the aforementioned period for the matter to be  decided  by
   the Court. Such party shall not be prevented on the ground of such
   withdrawal from reintroducing the same claims or counterclaims  at
   a later date in another proceeding.
       5. If one of the parties claims a  right  to  a  set-off  with
   regard  to  either claims or counterclaims,  such set-off shall be
   taken into account in determining the advance to cover  the  costs
   of  arbitration  in the same way as a separate claim insofar as it
   may require the Arbitral Tribunal to consider additional matters.
   
                               Article 31
   
              Decision as to the Costs of the Arbitration
   
       1. The costs of the arbitration shall  include  the  fees  and
   expenses  of  the  arbitrators  and  the ICC administrate expenses
   fixed by the Court,  in accordance with the scale in force at  the
   time  of the commencement of the arbitral proceedings,  as well as
   the fees and expenses of any experts  appointed  by  the  Arbitral
   Tribunal  and the reasonable legal and other costs incurred by the
   parties for the arbitration.
       2. The  Court  may fix the fees of the arbitrators at a figure
   higher or lower than that which would result from the  application
   of  the  relevant scale should this be deemed necessary due to the
   exceptional circumstances of the case.  Decisions on  costs  other
   than  those  fixed  by  the  Court  may  be  taken by the Arbitral
   Tribunal at any time during the proceedings.
       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.
   
                             MISCELLANEOUS
   
                               Article 32
   
                          Modified Time Limits
   
       1. The  parties  may  agree to shorten the various time limits
   set out in these Rules. Any such agreement entered into subsequent
   to the constitution of an Arbitral Tribunal shall become effective
   only upon the approval of the Arbitral Tribunal.
       2. The Court, on its own initiative, may extend any time limit
   which has been modified pursuant to Article 32 (1) if  it  decides
   that  it is necessary to do so in order that the Arbitral Tribunal
   or the Court may fulfil their responsibilities in accordance  with
   these Rules.
   
                               Article 33
   
                                 Waiver
   
       A party which proceeds with the  arbitration  without  raising
   its  objection  to a failure to comply with any provision of these
   Rules,  or of any other rules applicable to the  proceedings,  any
   direction given by the Arbitral Tribunal, or any requirement under
   the arbitration agreement relating  to  the  constitution  of  the
   Arbitral Tribunal,  or to the conduct of the proceedings, shall be
   deemed to have waived its right to object.
   
                               Article 34
   
                         Exclusion of Liability
   
       Neither the arbitrators,  nor the Court and its  members,  nor
   the  ICC and its employees,  nor the ICC National Committees shall
   be liable to any person for any act or omission in connection with
   the arbitration.
   
                               Article 35
   
                              General Rule
   
       In all matters not expressly provided for in these Rules,  the
   Court and the Arbitral Tribunal shall act in the spirit  of  these
   Rules  and  shall make every effort to make sure that the Award is
   enforceable at law.
   
   
   
   
   
   
                                                           Appendix I
   
                                STATUTES
          OF THE INTERNATIONAL COURT OF ARBITRATION OF THE ICC
   
                               Article 1
   
                                Function
   
       1. The  function  of the International Court of Arbitration of
   the International Chamber of Commerce (the "Court") is  to  ensure
   the  application  of  the  Rules  of  Arbitration and the Rules of
   Conciliation of the International Chamber of Commerce,  and it has
   all the necessary powers for that purpose.
       2. As an autonomous body,  it carries out these  functions  in
   complete independence from the ICC and its organs.
       3. Its  members  are  independent  from   the   ICC   National
   Committees.
   
                               Article 2
   
                        Composition of the Court
   
       The Court shall consist  of  a  Chairman,  Vice-Chairmen,  and
   members   and   alternate   members  (collectively  designated  as
   members).  In  its  work  it  is  assisted  by   its   Secretariat
   (Secretariat of the Court).
   
                               Article 3
   
                              Appointment
   
       1. The  Chairman  is  elected  by   the   ICC   Council   upon
   recommendation of the Executive Board of the ICC.
       2. The ICC Council appoints the  Vice-Chairmen  of  the  Court
   from among the members of the Court or otherwise.
       3. Its members  are  appointed  by  the  ICC  Council  on  the
   proposal of National Committees, one member for each Committee.
       4. On the proposal of the Chairman of the Court,  the  Council
   may appoint alternate members.
       5. The term of office of all members  is  three  years.  If  a
   member  is no longer in a position to exercise his functions,  his
   successor is appointed by the Council for  the  remainder  of  the
   term.
   
                               Article 4
   
                      Plenary Session of the Court
   
       The Plenary  Sessions  of  the  Court are presided over by the
   Chairman,  or,  in  his  absence,  by  one  of  the  Vice-Chairmen
   designated by him.  The deliberations shall be valid when at least
   six  members are present.  Decisions are taken by a majority vote,
   the Chairman having a casting vote in the event of a tie.
   
                               Article 5
   
                               Committees
   
       The Court  may set up one or more Committees and establish the
   functions and organization of such Committees.
   
                               Article 6
   
                            Confidentiality
   
       The work of the Court is of a confidential nature  which  must
   be respected by everyone who participates in that work in whatever
   capacity.  The Court lays down the rules regarding the persons who
   can  attend  the  meetings of the Court and its Committees and who
   are entitled to have access to  the  materials  submitted  to  the
   Court and its Secretariat.
   
                               Article 7
   
                Modification of the Rules of Arbitration
   
       Any proposal  of  the Court for a modification of the Rules is
   laid before the Commission  on  International  Arbitration  before
   submission  to  the Executive Board and the Council of the ICC for
   approval.
   
   
   
   
   
   
                                                          Appendix II
   
                             INTERNAL RULES
         OF THE INTERNATIONAL COURT OF ARBITRATION OF THE ICC
   
                               Article 1
   
               Confidential Character of the Work of the
                   International Court of Arbitration
   
       1. The  sessions  of the Court,  whether plenary or those of a
   Committee of the Court,  are open only to its members and  to  the
   Secretariat.
       2. However,  in exceptional circumstances, the Chairman of the
   Court  may  invite  other  persons  to  attend.  Such persons must
   respect the confidential nature of the work of the Court.
       3. The documents submitted to the Court,  or drawn up by it in
   the course of  its  proceedings,  are  communicated  only  to  the
   members  of  the  Court  and  to  the  Secretariat  and to persons
   authorized by the Chairman to attend Court sessions.
       4. The  Chairman  or  the  Secretary  General of the Court may
   authorize researchers undertaking work of a scientific  nature  on
   international  trade  law  to  acquaint themselves with awards and
   other  documents  of  general  interest,  with  the  exception  of
   memoranda, notes, statements and documents remitted by the parties
   within the framework of arbitration proceedings.
       5. Such   authorization   shall   not   be  given  unless  the
   beneficiary has undertaken to respect the  confidential  character
   of   the   documents  made  available  and  to  refrain  from  any
   publication in their respect without having  previously  submitted
   the text for approval to the Secretary General of the Court.
       6. The Secretariat will in each case submitted to  arbitration
   under  the  Rules  retain in the archives of the Court all awards,
   terms of reference,  and decisions of the Court as well as  copies
   of the pertinent correspondence of the Secretariat.
       7. Any documents,  communications or correspondence  submitted
   by  the parties or the arbitrators may be destroyed unless a party
   or an arbitrator requests in writing within a period fixed by  the
   Secretariat  the  return of such documents.  All related costs and
   expenses for the return of those documents shall be paid  by  such
   party or arbitrator.
   
                               Article 2
   
             Participation of Members of the International
                Court of Arbitration in ICC Arbitration
   
       1. The Chairman and the members  of  the  Secretariat  of  the
   Court  may not act as arbitrators or as counsel in cases submitted
   to ICC arbitration.
       2. The Court shall not appoint Vice-Chairmen or members of the
   Court as arbitrators.  They may,  however,  be proposed  for  such
   duties  by one or more of the parties,  or,  pursuant to any other
   procedure agreed upon by the parties, subject to confirmation.
       3. When the Chairman, a Vice-Chairman or a member of the Court
   or of the Secretariat is involved in any  capacity  whatsoever  in
   proceedings pending before the Court,  such person must inform the
   Secretary General  of  the  Court  upon  becoming  aware  of  such
   involvement.
       4. Such  person  must  refrain  from  participating   in   the
   discussions  or  in  the  decisions  of  the  Court concerning the
   proceedings and must be absent from  the  courtroom  whenever  the
   matter is considered.
       5. Such person will not receive any material documentation  or
   information pertaining to such proceedings.
   
                               Article 3
   
               Relations between the Members of the Court
                    and the ICC National Committees
   
       1. By virtue of their capacity,  the members of the Court  are
   independent of the ICC National Committees which proposed them for
   appointment by the ICC Council.
       2. Furthermore,  they  must regard as confidential,  vis-a-vis
   the  said  National   Committees,   any   information   concerning
   individual  cases  with which they have become acquainted in their
   capacity as members of the  Court,  except  when  they  have  been
   requested by the Chairman of the Court or by its Secretary General
   to communicate specific information to their  respective  National
   Committee.
   
                               Article 4
   
                         Committee of the Court
   
       1. In  accordance  with the provisions of Article 1 (4) of the
   Rules and Article 5 of its Statutes (Appendix I), the Court hereby
   establishes a Committee of the Court.
       2. The members of the Committee consist of a Chairman  and  at
   least  two  other  members.  The Chairman of the Court acts as the
   Chairman of the Committee. If absent, the Chairman may designate a
   Vice-Chairman  of  the  Court  or,  in  exceptional circumstances,
   another member of the Court as Chairman of the Committee.
       3. The other two members of the Committee are appointed by the
   Court from among the Vice-Chairmen or the  other  members  of  the
   Court.  At each Plenary Session the Court appoints the members who
   are to attend the meetings of the Committee to be held before  the
   next Plenary Session.
       4. The Committee meets when  convened  by  its  Chairman.  Two
   members constitute a quorum.
       5. a) The Court shall determine  the  decisions  that  may  be
   taken by the Committee.
       b) The decisions of the Committee are taken unanimously.
       c) When  the  Committee  cannot  reach  a decision or deems it
   preferable to abstain,  it transfers the case to the next  Plenary
   Session, making any suggestions it deems appropriate.
       d) The Committee's decisions are brought to the notice of  the
   Court at its next Plenary Session.
   
                               Article 5
   
                           Court Secretariat
   
       1. In  case of absence,  the Secretary General may delegate to
   the General Counsel and Deputy Secretary General the authority  to
   confirm  arbitrators,  to  certify  true  copies  of awards and to
   request  the  payment  of  a  provisional  advance,   respectively
   provided for in Articles 9 (2), 28 (2) and 30 (1) of the Rules.
       2. The Secretariat may,  with the approval of the Court, issue
   notes  and  other documents for the information of the parties and
   the arbitrators,  or as necessary for the proper  conduct  of  the
   arbitral proceedings.
   
                               Article 6
   
                      Scrutiny of Arbitral Awards
   
       When the  Court  scrutinizes  draft  awards in accordance with
   Article 27 of the Rules,  it considers, to the extent practicable,
   the requirements of mandatory law at the place of arbitration.
   
   
   
   
   
   
                                                         Appendix III
   
                       ARBITRATION COSTS AND FEES
   
                               Article 1
   
                            Advance on Costs
   
       1. Each request to commence an  arbitration  pursuant  to  the
   Rules must be accompanied by an advance payment of US dollars 2500
   on the administrative expenses. Such payment is nonrefundable, and
   shall  be  credited  to  the  Claimant's portion of the advance on
   costs.
       2. The  provisional  advance  fixed  by  the Secretary General
   according to Article 30 (1) of the Rules shall normally not exceed
   the   amount   obtained  by  adding  together  the  administrative
   expenses,  the minimum of the  fees  (as  set  out  in  the  scale
   hereinafter)  based  upon the amount of the claim and the expected
   reimbursable expenses  of  the  Arbitral  Tribunal  incurred  with
   respect to the drafting of the Terms of Reference.  If such amount
   is not quantified,  the provisional advance shall be fixed at  the
   discretion of the Secretary General. Payment by the Claimant shall
   be credited to its share of the advance  on  costs  fixed  by  the
   Court.
       3. In general,  after the Terms of Reference have been  signed
   or  approved  by  the Court and the provisional timetable has been
   established,  the Arbitral  Tribunal  shall,  in  accordance  with
   Article  30  (4) of the Rules,  proceed only with respect to those
   claims or counterclaims in  regard  to  which  the  whole  of  the
   advance on costs has been paid.
       4. The advance on  costs  fixed  by  the  Court  according  to
   Article 30 (2)  of the Rules  comprises the fees of the arbitrator
   or arbitrators (hereinafter  referred  to  as  "arbitrator"),  any
   arbitration-related   expenses   of   the   arbitrator   and   the
   administrative expenses.
       5. Each party shall pay in cash its share of the total advance
   on costs.  However, if its share exceeds an amount fixed from time
   to  time by the Court,  a party may post a bank guarantee for this
   additional amount.
       6. A  party  that  has  already  paid in full its share of the
   advance on costs fixed  by  the  Court  may,  in  accordance  with
   Article 30 (3) of the Rules, pay the unpaid portion of the advance
   owed by the defaulting party by posting a bank guarantee.
       7. When  the  Court  has  fixed  separate  advances  on  costs
   pursuant to Article 30 (2) of the  Rules,  the  Secretariat  shall
   invite  each  party to pay the amount of the advance corresponding
   to its respective claims.
       8. When,  as  a  result  of the fixing of separate advances on
   costs,  the separate advance fixed for the claim of  either  party
   exceeds  one-half  of  such global advance as was previously fixed
   (in respect of the same claims  and  counterclaims  that  are  the
   object  of  separate advances),  a bank guarantee may be posted to
   cover any such excess amount.  In the event that the amount of the
   separate advance is subsequently increased,  at  least one-half of
   the increase shall be paid in cash.
       9. The  Secretariat  shall  establish  the terms governing all
   bank guarantees which the parties may post pursuant to  the  above
   provisions.
       10. As provided in Article 30 (2) of the Rules, the advance on
   costs  may  be  subject  to  readjustment  at  any time during the
   arbitration,  in particular to take into account  fluctuations  in
   the  amount  in  dispute,  changes  in the amount of the estimated
   expenses  of  the  arbitrator,  or  the  evolving  difficulty   or
   complexity of arbitration proceedings.
       11. Before any expertise ordered by the Arbitral Tribunal  can
   be commenced, the parties, or one of them, shall pay an advance on
   costs fixed by the  Arbitral  Tribunal  sufficient  to  cover  the
   expected  fees  and  expenses  of  the expert as determined by the
   Arbitral Tribunal.  The Arbitral Tribunal shall be responsible for
   ensuring the payment by the parties of such fees and expenses.
   
                               Article 2
   
                             Costs and Fees
   
       1. Subject to Article 31 (2) of the Rules, the Court shall fix
   the  fees  of  the  arbitrator  in  accordance  with   the   scale
   hereinafter set out,  or,  where the sum in dispute is not stated,
   at its discretion.
       2. In setting the arbitrator's fees, the Court shall take into
   consideration the diligence of the arbitrator, the time spent, the
   rapidity of the proceedings,  and the complexity of the dispute so
   as to arrive at a figure  within  the  limits  specified,  or,  in
   exceptional circumstances  (Article  31  (2)  of the Rules),  at a
   figure higher or lower than those limits.
       3. When  a case is submitted to more than one arbitrator,  the
   Court,  at its discretion,  shall have the right to  increase  the
   total  fees  up to a maximum which shall normally not exceed three
   times the fees of one arbitrator.
       4. The   arbitrator's   fees   and  expenses  shall  be  fixed
   exclusively by  the Court as required by the Rules.  Separate  fee
   arrangements  between  the parties and the arbitrator are contrary
   to the Rules.
       5. The  Court  shall  fix  the administrative expenses of each
   arbitration in accordance with the scale hereinafter set out,  or,
   where  the  sum  in dispute is not stated,  at its discretion.  In
   exceptional circumstances,  the Court may fix  the  administrative
   expenses  at a lower or higher figure than that which would result
   from the application of such scale,  provided that  such  expenses
   shall  normally  not  exceed  the  maximum  amount  of  the scale.
   Further,  the Court may  require  the  payment  of  administrative
   expenses   in   addition   to  those  provided  in  the  scale  of
   administrative expenses as a condition to holding  an  arbitration
   in  abeyance  at the request of the parties or of one of them with
   the acquiescence of the other.
       6. If  an  arbitration  terminates  before  the rendering of a
   final Award,  the Court shall fix the costs of the arbitration  at
   its  discretion,  taking  into  account  the stage attained by the
   arbitral proceedings and any other relevant circumstances.
       7. In  the  case of an application under Article 29 (2) of the
   Rules,  the Court may fix an advance to cover additional fees  and
   expenses   of  the  Arbitral  Tribunal  and  may  subordinate  the
   transmission of such application to the Arbitral Tribunal  to  the
   prior  cash payment in full to the ICC of such advance.  The Court
   shall fix at its discretion any possible fees  of  the  arbitrator
   when approving the decision of the Arbitral Tribunal.
       8. When an arbitration is preceded by attempted  conciliation,
   one-half of the administrative expenses paid for such conciliation
   shall  be  credited  to  the  administrative   expenses   of   the
   arbitration.
       9. Amounts paid to the arbitrator do not include any  possible
   value-added  taxes  (VAT)  or  other  taxes or charges and imposts
   applicable to the arbitrator's fees.  Parties are expected to  pay
   any  such  taxes  or  charges;  however,  the recovery of any such
   charges or taxes is a matter solely between the arbitrator and the
   parties.
   
                               Article 3
   
                       Appointment of Arbitrators
   
       1. A  registration  fee normally not exceeding US dollars 2500
   is payable by the requesting party in respect of each request made
   to  the  ICC  to  appoint  an  arbitrator  for any arbitration not
   conducted under the  Rules.  No  request  for  appointment  of  an
   arbitrator  will be considered unless accompanied by the said fee,
   which is not recoverable and becomes the property of the ICC.
       2. The  said  fee shall cover any additional services rendered
   by the ICC regarding the  appointment,  such  as  decisions  on  a
   challenge  of  an  arbitrator  and the appointment of a substitute
   arbitrator.
   
                               Article 4
   
                   Scales of Administrative Expenses
                         and Arbitrator's Fees
   
       1. The Scales of Administrative Expenses and Arbitrator's Fees
   set forth below shall be effective as of 1 January 1998 in respect
   of all arbitrations commenced on or after such date,  irrespective
   of the version of the Rules applying to such arbitrations.
       2. To   calculate   the   administrative   expenses   and  the
   arbitrator's fees,  the amounts  calculated  for  each  successive
   slice  of  the sum in dispute must be added together,  except that
   where the sum in dispute is over US  dollars  80  million,  a flat
   amount  of  US  dollars 75800 shall constitute the entirety of the
   administrative expenses.
   
                       A. ADMINISTRATIVE EXPENSES
   -----------------------------------------------------------------¬
   ¦Sum in dispute (in US Dollars)       Administrative expenses <*>¦
   +----------------------------------------------------------------+
   ¦up to        50000                                   2500 USD   ¦
   +----------------------------------------------------------------+
   ¦from         50001   to        100000               3.50%       ¦
   +----------------------------------------------------------------+
   ¦from        100001   to        500000               1.70%       ¦
   +----------------------------------------------------------------+
   ¦from        500001   to       1000000               1.15%       ¦
   +----------------------------------------------------------------+
   ¦from       1000001   to       2000000               0.60%       ¦
   +----------------------------------------------------------------+
   ¦from       2000001   to       5000000               0.20%       ¦
   +----------------------------------------------------------------+
   ¦from       5000001   to      10000000               0.10%       ¦
   +----------------------------------------------------------------+
   ¦from      10000001   to      50000000               0.06%       ¦
   +----------------------------------------------------------------+
   ¦from      50000001   to      80000000               0.06%       ¦
   +----------------------------------------------------------------+
   ¦over      80000000                                  75800 USD   ¦
   L-----------------------------------------------------------------
   
                          B. ARBITRATOR'S FEES
   -----------------------------------------------------------------¬
   ¦Sum in dispute (in US Dollars)                         Fees <**>¦
   ¦                                                 minimum maximum¦
   +----------------------------------------------------------------+
   ¦up to          50000                            2500 USD 17.00% ¦
   +----------------------------------------------------------------+
   ¦from           50001   to      100000            2.00%   11.00% ¦
   +----------------------------------------------------------------+
   ¦from          100001   to      500000            1.00%    5.50% ¦
   +----------------------------------------------------------------+
   ¦from          500001   to     1000000            0.75%    3.50% ¦
   +----------------------------------------------------------------+
   ¦from         1000001   to     2000000            0.50%    2.50% ¦
   +----------------------------------------------------------------+
   ¦from         2000001   to     5000000            0.25%    1.00% ¦
   +----------------------------------------------------------------+
   ¦from         5000001   to    10000000            0.10%    0.55% ¦
   +----------------------------------------------------------------+
   ¦from        10000001   to    50000000            0.05%    0.17% ¦
   +----------------------------------------------------------------+
   ¦from        50000001   to    80000000            0.03%    0.12% ¦
   +----------------------------------------------------------------+
   ¦from        80000001   to    100000000           0.02%    0.10% ¦
   +----------------------------------------------------------------+
   ¦over       100000000                             0.01%    0.05% ¦
   L-----------------------------------------------------------------
   
    SUM IN DISPUTE                A. ADMINISTRATIVE EXPENSES <*>        B. ARBITRATOR'S FEES <**>
    (in US Dollars)               (in US Dollars)                       (in US Dollars)
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
                                                                        Minimum                                Maximum
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    up to                50000    2500                                  2500                                   17.00% of amount in dispute
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    from    50001 to    100000    2500 + 3.50% of amt. over    50000    2500 + 2.00% of amt. over     50000    8500 + 11.00% of amt. over    50000
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    from   100001 to    500000    4250 + 1.70% of amt. over   100000    3500 + 1.00% of amt. over    100000   14000 + 5.50% of amt. over    100000
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    from   500001 to   1000000   11050 + 1.15% of amt. over   500000    7500 + 0.75% of amt. over    500000   36000 + 3.50% of amt. over    500000
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    from  1000001 to   2000000   16800 + 0.60% of amt. over  1000000   11250 + 0.50% of amt. over   1000000   53500 + 2.50% of amt. over   1000000
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    from  2000001 to   5000000   22800 + 0.20% of amt. over  2000000   16250 + 0.25% of amt. over   2000000   78500 + 1.00% of amt. over   2000000
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    from  5000001 to  10000000   28800 + 0.10% of amt. over  5000000   23750 + 0.10% of amt. over   5000000  108500 + 0.55% of amt. over   5000000
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    from 10000001 to  50000000   33800 + 0.06% of amt. over 10000000   28750 + 0.05% of amt. over  10000000  136000 + 0.17% of amt. over  10000000
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    from 50000001 to  80000000   57800 + 0.06% of amt. over 50000000   48750 + 0.03% of amt. over  50000000  204000 + 0.12% of amt. over  50000000
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    from 80000001 to 100000000   75800                                 57750 + 0.02% of amt. over  80000000  240000 + 0.10% of amt. over  80000000
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
    over             100000000   75800                                 61750 + 0.01% of amt. over 100000000  260000 + 0.05% of amt. over 100000000
   ---------------------------- ------------------------------------- -----------------------------------------------------------------------------
       --------------------------------
       <*> For illustrative purposes only, the table on the following
   page indicates the resulting administrative expenses in US dollars
   when the proper calculations have been made.
       <**> For  illustrative  purposes  only,  the  table   on   the
   following  page  indicates  the  resulting  range of fees when the
   proper calculations have been made.
   
   
   
   
   
   
                   ICC RULES OF OPTIONAL CONCILIATION
   
                                Preamble
   
       Settlement is a desirable solution for business disputes of an
   international  character.  The  International  Chamber of Commerce
   therefore sets out these Rules of Optional Conciliation  in  order
   to facilitate the amicable settlement of such disputes.
   
                               Article 1
   
       All business  disputes  of  an  international character may be
   submitted to conciliation by a sole conciliator appointed  by  the
   International Chamber of Commerce.
   
                               Article 2
   
       The party   requesting   conciliation   shall   apply  to  the
   Secretariat of the  International  Court  of  Arbitration  of  the
   International  Chamber  of  Commerce  setting  out  succinctly the
   purpose of the request and accompanying it with the  fee  required
   to open the file, as set out in the Appendix hereto.
   
                               Article 3
   
       The Secretariat  of  the  International  Court  of Arbitration
   shall,  as soon as possible, inform the other party of the request
   for conciliation.  That party will be given a period of 15 days to
   inform  the  Secretariat  whether  it  agrees   or   declines   to
   participate in the attempt to conciliate.
       If the other party agrees to participate  in  the  attempt  to
   conciliate it shall so inform the Secretariat within such period.
       In the absence of any reply within such period or in the  case
   of  a  negative reply the request for conciliation shall be deemed
   to have been declined. The Secretariat shall, as soon as possible,
   so inform the party which had requested conciliation.
   
                               Article 4
   
       Upon receipt  of  an  agreement  to attempt conciliation,  the
   Secretary General of the International Court of Arbitration  shall
   appoint  a conciliator as soon as possible.  The conciliator shall
   inform the parties of his appointment and set a time limit for the
   parties to present their respective arguments to him.
   
                               Article 5
   
       The conciliator  shall  conduct the conciliation process as he
   thinks fit,  guided by the principles of impartiality,  equity and
   justice.
       With the agreement of the parties,  the conciliator shall  fix
   the place for conciliation.
       The conciliator  may  at  any  time  during  the  conciliation
   process   request  a  party  to  submit  to  him  such  additional
   information as he deems necessary.
       The parties  may,  if they so wish,  be assisted by counsel of
   their choice.
   
                               Article 6
   
       The confidential nature of the conciliation process  shall  be
   respected  by  every  person  who  is  involved  in it in whatever
   capacity.
   
                               Article 7
   
       The conciliation process shall come to an end:
       a) Upon the parties signing an agreement. The parties shall be
   bound by such agreement.  The agreement shall remain  confidential
   unless and to the extent that its execution or application require
   disclosure.
       b) Upon   the  production  by  the  conciliator  of  a  report
   recording that the attempt to conciliate has not been  successful.
   Such report shall not contain reasons.
       c) Upon notification to the conciliator by one or more parties
   at  any  time  during  the conciliation process of an intention no
   longer to pursue the conciliation process.
   
                               Article 8
   
       Upon termination of the conciliation,  the  conciliator  shall
   provide  the Secretariat of the International Court of Arbitration
   with the settlement agreement signed by the parties  or  with  his
   report  of  lack  of  success  or  with  a notice from one or more
   parties of the intention no  longer  to  pursue  the  conciliation
   process.
   
                               Article 9
   
       Upon the   file   being   opened,   the   Secretariat  of  the
   International Court of Arbitration shall fix the sum  required  to
   permit  the  process  to  proceed,  taking  into consideration the
   nature and importance of the dispute.  Such sum shall be  paid  in
   equal shares by the parties.
       This sum shall cover the estimated fees  of  the  conciliator,
   expenses  of the conciliation,  and the administrative expenses as
   set out in the Appendix hereto.
       In any case where,  in the course of the conciliation process,
   the Secretariat of the Court shall decide that the sum  originally
   paid   is   insufficient   to   cover  the  likely  costs  of  the
   conciliation,  the Secretariat shall require the provision  of  an
   additional  amount  which  shall  be  paid  in equal shares by the
   parties.
       Upon termination  of  the conciliation,  the Secretariat shall
   settle the total costs of the process and advise  the  parties  in
   writing.
       All above costs shall be borne in equal shares by  the parties
   except and insofar as a settlement agreement provides otherwise.
       A party's other expenditures shall remain  the  responsibility
   of that party.
   
                               Article 10
   
       Unless the  parties  agree otherwise,  a conciliator shall not
   act in any judicial or  arbitration  proceeding  relating  to  the
   dispute  which  has  been  the subject of the conciliation process
   whether as an arbitrator, representative or counsel of a party.
       The parties  mutually undertake not to call the conciliator as
   a witness in any such proceedings, unless otherwise agreed between
   them.
   
                               Article 11
   
       The parties   agree  not  to  introduce  in  any  judicial  or
   arbitration proceeding as evidence or in any manner whatsoever:
       a) any  views  expressed or suggestions made by any party with
   regard to the possible settlement of the dispute;
       b) any proposals put forward by the conciliator;
       c) the fact that a party had indicated that it  was  ready  to
   accept   some  proposal  for  a  settlement  put  forward  by  the
   conciliator.
   
   
   
   
   
   
                                                             Appendix
   
                     SCHEDULE OF CONCILIATION COSTS
   
       a) Each  party  to  a dispute submitted to conciliation under
   the ICC Rules of Optional Conciliation  is  required  to  make  an
   advance payment  of US dollars 500 on the administrative expenses.
   No  request  for  conciliation   shall   be   entertained   unless
   accompanied  by  the  appropriate  payment.  This  payment  is not
   recoverable and becomes the property of the ICC. Such payment by a
   party  shall  be  credited  to  the  portion of the administrative
   expenses for the conciliation of such party.
       b) The  administrative  expenses  for a conciliation procedure
   shall  be  fixed  at  one-quarter  of the  amount  calculated   in
   accordance with the scale of administrative expenses as set out in
   Appendix III of the ICC Rules of Arbitration.  Where  the  sum  in
   dispute  in a conciliation procedure is not stated,  the Secretary
   General of the International Court of  Arbitration  (the  "Court")
   shall fix the administrative expenses at his discretion.
       c) The fee of the conciliator to be paid by the parties  shall
   be fixed by the Secretary General of the Court.  Such fee shall be
   reasonable in amount,  taking into consideration the  time  spent,
   the   complexity   of   the   dispute   and   any  other  relevant
   circumstances.
       d) Amounts paid to the conciliator do not include any possible
   value-added taxes (VAT) or other  taxes  or  charges  and  imposts
   applicable to the conciliator's fees.  Parties are expected to pay
   any such taxes or charges;  however,  the  recovery  of  any  such
   charges  or  taxes  is a matter solely between the conciliator and
   the parties.
   
   


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