(1) A party may object that a claim is manifestly without legal merit. The objection may relate to the substance of the claim, the jurisdiction of the Centre, or the competence of the Tribunal.
(2) The following procedure shall apply:
(a) a party shall file a written submission no later than 45 days after the constitution of the Tribunal;
(b) the written submission shall specify the grounds on which the objection is based and contain a statement of the relevant facts, law and arguments;
(c) the Tribunal shall fix time limits for submissions on the objection;
(d) if a party files the objection before the constitution of the Tribunal, the Secretary-General shall fix time limits for written submissions on the objection, so that the Tribunal may consider the objection promptly upon its constitution; and
(e) the Tribunal shall render its decision or Award on the objection within 60 days after the later of the constitution of the Tribunal or the last submission on the objection.
(3) If the Tribunal decides that all claims are manifestly without legal merit, it shall render an Award to that effect. Otherwise, the Tribunal shall issue a decision on the objection and fix any time limit necessary for the further conduct of the proceeding.
(4) A decision that a claim is not manifestly without legal merit shall be without prejudice to the right of a party to file a preliminary objection pursuant to Rule 43 or to argue subsequently in the proceeding that a claim is without legal merit.
(1) A party may request that a question be addressed in a separate phase of the proceeding (“request for bifurcation”).
(2) If a request for bifurcation relates to a preliminary objection, Rule 44 shall apply.
(3) The following procedure shall apply to a request for bifurcation other than a request referred to in Rule 44:
(a) the request for bifurcation shall be filed as soon as possible;
(b) the request for bifurcation shall state the questions to be bifurcated;
(c) the Tribunal shall fix time limits for submissions on the request for bifurcation;
(d) the Tribunal shall issue its decision on the request for bifurcation within 30 days after the last submission on the request; and
(e) the Tribunal shall fix any time limit necessary for the further conduct of the proceeding.
(4) In determining whether to bifurcate, the Tribunal shall consider all relevant circumstances, including whether:
(a) bifurcation would materially reduce the time and cost of the proceeding;
(b) determination of the questions to be bifurcated would dispose of all or a substantial portion of the dispute; and
(c) the questions to be addressed in separate phases of the proceeding are so intertwined as to make bifurcation impractical.
(5) If the Tribunal orders bifurcation pursuant to this Rule, it shall suspend the proceeding with respect to any questions to be addressed at a later phase, unless the parties agree otherwise.
(6) The Tribunal may at any time on its own initiative decide whether a question should be addressed in a separate phase of the proceeding.
(1) A party may file a preliminary objection that the dispute or any ancillary claim is not within the jurisdiction of the Centre or for other reasons is not within the competence of the Tribunal (“preliminary objection”).
(2) A party shall notify the Tribunal and the other party of its intent to file a preliminary objection as soon as possible.
(3) The Tribunal may at any time on its own initiative consider whether a dispute or an ancillary claim is within the jurisdiction of the Centre or within its own competence.
(4) The Tribunal may address a preliminary objection in a separate phase of the proceeding or join the objection to the merits. It may do so upon request of a party pursuant to Rule 44 or at any time on its own initiative, in accordance with the procedure in Rule 44(2)-(4).
(1) The following procedure shall apply with respect to a request for bifurcation relating to a preliminary objection:
(a) unless the parties agree otherwise, the request for bifurcation shall be filed:
(i) within 45 days after filing the memorial on the merits;
(ii) within 45 days after filing the written submission containing the ancillary claim, if the objection relates to the ancillary claim; or
(iii) as soon as possible after the facts on which the preliminary objection is based become known to a party, if those facts were unknown to that party on the dates referred to in paragraph (1)(a)(i) and (ii);
(b) the request for bifurcation shall state the preliminary objection to which it relates;
(c) unless the parties agree otherwise, the proceeding on the merits shall be suspended until the Tribunal decides whether to bifurcate;
(d) the Tribunal shall fix time limits for submissions on the request for bifurcation; and
(e) the Tribunal shall issue its decision on a request for bifurcation within 30 days after the last submission on the request.
(2) In determining whether to bifurcate, the Tribunal shall consider all relevant circumstances, including whether:
(a) bifurcation would materially reduce the time and cost of the proceeding;
(b) determination of the preliminary objection would dispose of all or a substantial portion of the dispute; and
(c) the preliminary objection and the merits are so intertwined as to make bifurcation impractical.
(3) If the Tribunal decides to address the preliminary objection in a separate phase of the proceeding, it shall:
(a) suspend the proceeding on the merits, unless the parties agree otherwise;
(b) fix time limits for submissions on the preliminary objection;
(c) render its decision or Award on the preliminary objection within 180 days after the last submission, in accordance with Rule 58(1)(b); and
(d) fix any time limit necessary for the further conduct of the proceeding if the Tribunal does not render an Award.
(4) If the Tribunal decides to join the preliminary objection to the merits, it shall:
(a) fix time limits for submissions on the preliminary objection;
(b) modify any time limits for submissions on the merits, as required; and
(c) render its Award within 240 days after the last submission in the proceeding, in accordance with Rule 58(1)(c).
If a party does not request bifurcation of a preliminary objection within the time limits referred to in Rule 44(1)(a) or the parties confirm that they will not request bifurcation, the preliminary objection shall be joined to the merits and the following procedure shall apply:
(a) the Tribunal shall fix time limits for submissions on the preliminary objection;
(b) the memorial on the preliminary objection shall be filed:
(i) by the date to file the counter-memorial on the merits;
(ii) by the date to file the next written submission after an ancillary claim, if the objection relates to the ancillary claim; or
(iii) as soon as possible after the facts on which the objection is based become known to a party, if those facts were unknown to that party on the dates referred to in paragraph (b)(i) and (ii);
(c) the party filing the memorial on preliminary objections shall also file its counter-memorial on the merits, or, if the objection relates to an ancillary claim, file its next written submission after the ancillary claim; and
(d) the Tribunal shall render its Award within 240 days after the last submission in the proceeding, in accordance with Rule 58(1)(c).
(1) Parties to two or more pending arbitrations administered by the Centre may agree to consolidate or coordinate these arbitrations.
(2) Consolidation joins all aspects of the arbitrations sought to be consolidated and results in one Award. To be consolidated pursuant to this Rule, the arbitrations shall have been registered in accordance with the Convention and shall involve the same Contracting State (or constituent subdivision or agency of the Contracting State).
(3) Coordination aligns specific procedural aspects of two or more pending arbitrations, but the arbitrations remain separate proceedings and result in separate Awards.
(4) The parties referred to in paragraph (1) shall jointly provide the Secretary-General with proposed terms for the conduct of the consolidated or coordinated arbitrations and consult with the Secretary-General to ensure that the proposed terms are capable of being implemented.
(5) After the consultation referred to in paragraph (4), the Secretary-General shall communicate the proposed terms agreed by the parties to the Tribunals constituted in the arbitrations. Such Tribunals shall make any order or decision required to implement these terms.
(1) A party may at any time request that the Tribunal recommend provisional measures to preserve that party’s rights, including measures to:
(a) prevent action that is likely to cause current or imminent harm to that party or prejudice to the arbitral process;
(b) maintain or restore the status quo pending determination of the dispute; or
(c) preserve evidence that may be relevant to the resolution of the dispute.
(2) The following procedure shall apply:
(a) the request shall specify the rights to be preserved, the measures requested, and the circumstances that require such measures;
(b) the Tribunal shall fix time limits for submissions on the request;
(c) if a party requests provisional measures before the constitution of the Tribunal, the Secretary-General shall fix time limits for written submissions on the request so that the Tribunal may consider the request promptly upon its constitution; and
(d) the Tribunal shall issue its decision on the request within 30 days after the later of the constitution of the Tribunal or the last submission on the request.
(3) In deciding whether to recommend provisional measures, the Tribunal shall consider all relevant circumstances, including:
(a) whether the measures are urgent and necessary; and
(b) the effect that the measures may have on each party.
(4) The Tribunal may recommend provisional measures on its own initiative. The Tribunal may also recommend provisional measures different from those requested by a party.
(5) A party shall promptly disclose any material change in the circumstances upon which the Tribunal recommended provisional measures.
(6) The Tribunal may at any time modify or revoke the provisional measures, on its own initiative or upon a party’s request.
(7) A party may request any judicial or other authority to order provisional measures if such recourse is permitted by the instrument recording the parties’ consent to arbitration.
(1) Unless the parties agree otherwise, a party may file an incidental or additional claim or a counterclaim (“ancillary claim”) arising directly out of the subject-matter of the dispute, provided that such ancillary claim is within the scope of the consent of the parties and the jurisdiction of the Centre.
(2) An incidental or additional claim shall be presented no later than in the reply, and a counterclaim shall be presented no later than in the counter-memorial, unless the Tribunal decides otherwise.
(3) The Tribunal shall fix time limits for submissions on the ancillary claim.
(1) A party is in default if it fails to appear or present its case or indicates that it will not appear or present its case.
(2) If a party is in default at any stage of the proceeding, the other party may request that the Tribunal address the questions submitted to it and render an Award.
(3) Upon receipt of the request referred to in paragraph (2), the Tribunal shall notify the defaulting party of the request and grant a grace period to cure the default, unless it is satisfied that the defaulting party does not intend to appear or present its case. The grace period shall not exceed 60 days without the consent of the other party.
(4) If the request in paragraph (2) relates to a failure to appear at a hearing, the Tribunal may:
(a) reschedule the hearing to a date within 60 days after the original date;
(b) proceed with the hearing in the absence of the defaulting party and fix a time limit for the defaulting party to file a written submission within 60 days after the hearing; or
(c) cancel the hearing and fix a time limit for the parties to file written submissions within 60 days after the original date of the hearing.
(5) If the default relates to a scheduled procedural step other than a hearing, the Tribunal may set the grace period to cure the default by fixing a new time limit for the defaulting party to complete that step within 60 days after the date of the notice of default referred to in paragraph (3).
(6) If the defaulting party fails to act within the grace period or if no such period is granted, the Tribunal shall resume consideration of the dispute and render an Award. For this purpose:
(a) a party’s default shall not be deemed an admission of the assertions made by the other party;
(b) the Tribunal may invite the party that is not in default to make submissions and produce evidence; and
(c) the Tribunal shall examine the jurisdiction of the Centre and its own competence and, if it is satisfied, decide whether the submissions made are well-founded.