Introductory Provisions

Article (1)
Definitions
1.1 The following words and phrases shall have the meaning assigned thereto unless the context
indicates otherwise:
“Answer” means the answer to the request for arbitration
“Appendix” means the DIAC Appendix - Costs of Arbitration
“Centre” or “DIAC” means the Dubai International Arbitration Centre
"Claimant" means the party initiating an arbitration
"DIAC Rules" or the “Rules” means the DIAC Arbitration and Conciliation Rules
"Executive Committee" or “EC” means the DIAC Executive Committee
“Request” means the written request for arbitration
"Respondent" means the party against which the arbitration is initiated
“Secretariat” means the DIAC case management unit under the direction of DIAC’s Director
“Party” or “party” means Claimant or Respondent
“Table” means the DIAC Table of Fees and Costs
"Tribunal" the arbitral tribunal composed of one or more arbitrators
1.2 Words used in singular include the plural and vice versa, as the context may require. Similarly,
words such as Claimant, Respondent, arbitrator, representative and party shall be construed as
gender-neutral.

Article (2)
Scope
2.1 Where the parties have agreed to submit their existing or future dispute to arbitration under the
DIAC Rules, they shall be deemed to have submitted to arbitration in accordance with the DIAC
Rules in effect on the date of commencement of the arbitration proceedings, unless they have
expressly agreed to submit to the DIAC Rules in effect on another date.
2.2 The Rules shall govern the arbitration and shall be considered as supplementary to any
agreement referred to in Article 2.1 above, save for when the Rules are in conflict with a
mandatory provision of the law applicable to the arbitration.

Article (3)
Written Notifications or Communications and Time Limits
3.1 All communications from any party or arbitrator to the Centre shall be addressed to the
Secretariat.
3.2 All submissions made by any party to the Centre shall be sent in a number of copies equal to the
number required to provide one copy for each arbitrator, one copy for the other party and one
for the Centre until such time as the Tribunal is constituted.
3.3 After the notification by the Centre of the constitution of the Tribunal and transfer of file, all
correspondence between the Tribunal and the parties shall take place directly between them,
copying the Secretariat. All submissions made by the parties shall be sent to the Secretariat in
softcopy only, unless otherwise requested.
3.4 All notifications and correspondence from the Secretariat or the Tribunal shall be made to the
last known address of the party or its representative, as provided by such party or by the other
party to the Centre.
3.5 Such notifications or correspondence may be made by registered post, courier, delivery against
receipt or transmitted by facsimile, telex, telegram, email or any other means of
telecommunication that provide a record of the sending thereof.
3.6 Notifications and correspondence sent in accordance with Article 3.5, shall be deemed to have
been received by the addressee on the date it would normally have been received given the
chosen means of communication.
3.7 For the purpose of calculating a period of time under the Rules, such period shall begin to run on
the day following the day when a notice or other correspondence is received or deemed to be
received as indicated in Article 3.6. If the last day of such period is an official holiday or a non-
business day in the country where the notification or correspondence is to be made, the period
is extended until the first business day which follows. Official holidays or non-business days
occurring during the running of the period of time are included in calculating the period.
3.8 Any deadline falling on a non-business day or official holiday in Dubai or the seat of arbitration,
will be extended until the first business day which follows in such place.

Commencing the Arbitration

Article (4)
Request for Arbitration
4.1 Any party wishing to commence an arbitration under the DIAC Rules shall send to the Centre a
Request which shall include:
a. A demand that the dispute be referred to arbitration under the DIAC Rules;
b. The name in full, description, address and other contact details including telephone, fax
number and email address of each party to the arbitration and of the representative of
the Claimant;
c. Any relevant agreements between the parties, particularly the one where the
arbitration agreement is contained or in respect of which the arbitration arises;
d. where claims arise under more than one arbitration agreement, it shall be indicated to
which arbitration agreement each claim pertains;
e. A brief description of the nature and circumstances of the dispute giving rise to the
claim;
f. A preliminary statement of the relief sought and, to the extent possible, an indication of
any amount claimed;
g. All relevant particulars concerning the number of arbitrators and their choice in
accordance with Articles 8, 9, 10, 11, and 12, and if the arbitration agreement calls for
party nomination of arbitrators, the name and contact details of the Claimant's
nominee; and
h. All relevant particulars concerning the seat and language of arbitration in accordance
with Articles 20 and 21.
4.2 The Request may also include:
a. The statement of claim referred to in Article 23; and
b. Any comments on the applicable rules of law.
4.3 The Request (including all accompanying documents) shall be submitted to the Centre in the
number of copies required by Article 3.2.
4.4 Together with the Request, the Claimant shall make payment of the registration fee required by
the Appendix in force on the date the Request is submitted. In the event that the Claimant fails
to comply with this requirement within the time limit granted by the Secretariat, the file will be
 closed without prejudice to the Claimant’s right to submit the same claims at a later date in
another request.
4.5 The Secretariat shall notify the Request to the Respondent to the address provided by the
Claimant in the Request, upon compliance with Articles 4.3 and 4.4. Failing notification by
courier to the Respondent at its last known address pursuant to Article 3.6, the Centre shall re-
notify the Request by post, fax, email or any other means of telecommunication that provide a
record of the sending thereof.
4.6 The date of receipt by the Centre of the Request in the number of copies required by Article 3.2
and the payment of the registration fee pursuant to Article 4.4, shall be treated as the date on
which the arbitration proceedings have commenced.

Article (5)
Answer to the Request
5.1 Within 30 days of receipt of the Request from the Centre, the Respondent shall submit to the
Centre an Answer which shall include the following:
a. Its name in full, description, address and other contact details including telephone, fax
number and email address of itself or its representative;
b. Its preliminary comments as to the nature and circumstances of the dispute giving rise
to the claim;
c. Its preliminary response to the relief sought by the Claimant;
d. All objections known or that should be known concerning the validity, existence, scope
or applicability of the arbitration agreement;
e. Any comments concerning the number of arbitrators and their choice in light of the
Claimant's proposals and in accordance with Articles 8 and 9, and if the arbitration
agreement calls for party nomination of arbitrators, the name and contact details of the
Respondent's nominee; and
f. Any comments on the seat and language of arbitration, and the applicable rules of law.
5.2 If the Claimant has filed a statement of claim with the Request pursuant to Article 4.2.a, the
Answer may also be accompanied by the statement of defence referred to in Article 24.
5.3 The Answer (including all accompanying documents) shall be submitted to the Centre in three
hardcopies, or if the parties have agreed or the Respondent considers that three or more
arbitrators should be appointed, in five or more hardcopies respectively.
5.4 With its Answer, or at a later stage in the proceedings if the Tribunal decides that the delay was
justified under the circumstances, the Respondent may make a counterclaim arising out of the
same contract or a set-off, and shall provide:
a. A brief description of the nature and circumstances of the dispute giving rise to the
counterclaim; and
b. A preliminary statement of the relief sought, including, to the extent possible, an
indication of any amount counterclaimed.
5.5 If the Respondent has submitted a counterclaim with its Answer, the Respondent shall make
payment of the registration fee required by the Appendix in force on the date the Answer is
submitted, together with its Answer. In the event that the Respondent fails to comply with this
requirement, the submission of the counterclaim shall be invalid, without prejudice to the right
of the Respondent to submit the same claim at a later date in another Request.
5.6 Failure by the Respondent to submit an Answer shall not prevent the arbitration from
proceeding pursuant to the Rules. However, if the arbitration agreement calls for party
nomination of arbitrators, failure to send an Answer or to nominate an arbitrator within the
 time limit granted or at all will constitute an irrevocable waiver of that party's right to nominate
an arbitrator.
5.7 The Secretariat may grant the Respondent an extension of time for filing the Answer and any
counterclaim, provided that the application for such an extension contains the Respondent's
comments concerning the number of arbitrators, their choice and the nomination of an
arbitrator if that was required in accordance with Articles 8 and 9. If the Respondent fails to do
so, the Centre shall proceed with the appointment of the Tribunal in accordance with the Rules.
5.8 The Centre shall communicate the Respondent's Answer and any counterclaim to the Claimant.
The Claimant shall be given an opportunity to comment on any objections or pleas advanced by
the Respondent. Alternatively, the Claimant’s comments on the Respondent’s Answer and any
counterclaim shall be submitted to the Tribunal.

Article (6)
Separability of the Arbitration Agreement and Jurisdiction to Determine Existence and Validity of
Arbitration Agreement
6.1 The Tribunal shall have jurisdiction regardless of any allegation that the contract is non-existent
or null and void, provided that the Tribunal upholds the validity of the arbitration agreement.
6.2 If any party raises one or more pleas concerning the existence, validity, scope or applicability of
the arbitration agreement, such plea(s) shall be directly decided by the Tribunal, unless the
Secretariat at its discretion decides to refer the matter to the EC. In such case and without
prejudice to the admissibility or merits of the plea(s), the EC may decide that the arbitration
shall proceed if it is prima facie satisfied that an arbitration agreement may exist, be valid,
within the scope or applicable under the Rules. If the EC is not satisfied, the parties shall be
notified that the arbitration cannot proceed. In the latter event, any party retains the right to
ask any court having jurisdiction whether or not there is a binding arbitration agreement.
6.3 The EC shall take a prima facie decision on the existence, validity, scope or applicability of the
arbitration agreement, should the Secretariat on exceptional circumstances refer the matter to
it, whether or not a party has made such a plea.
6.4 A plea that the Tribunal does not have jurisdiction shall be raised not later than in the statement
of defence and subject to Article 5.1 or, with respect to a counterclaim, in any reply to the
counterclaim.
6.5 In general, the Tribunal should rule on a plea concerning its jurisdiction as a preliminary
question. However, the Tribunal may proceed with the arbitration and rule on such a plea in the
award.

Article (7)
Representation
7.1 The parties may be represented or assisted by persons of their choice, irrespective of their
nationality or professional qualifications. The names and contact details of such representatives
shall be included in the Request and the Answer, as required by Articles 4 and 5.
7.2 Each party shall ensure that its representative has sufficient time available to carry out his/her
duties and enable the arbitration to proceed expeditiously.
7.3 At any time the Tribunal may require from any party proof of authority granted to its
representative in such form as the Tribunal may determine. The Secretariat may also require
proof of authority and will only conduct a preliminary non-binding assessment of the validity of
the powers of attorney submitted by the parties.

The Tribunal
Article (8)
Number of Arbitrators
8.1 The Tribunal shall consist of such number of arbitrators as has been agreed by the parties. If
there is more than one arbitrator, their number shall be uneven.
8.2 Where the parties have not agreed on the number of arbitrators, the Tribunal shall consist of a
sole arbitrator, except where the EC at its discretion determines that, in view of all the
circumstances of the dispute, a Tribunal composed of three members is appropriate.
8.3 In case the Tribunal is composed of a sole arbitrator, the parties may agree to jointly nominate
the arbitrator within 30 days from the date the Request is notified or the matter was decided to
be submitted to a sole arbitrator or within such additional time as may be allowed by the
Secretariat, who will then be appointed by the EC.
8.4 In case the Tribunal is composed of three arbitrators, the parties shall respectively nominate a
co-arbitrator in the Request and the Answer or within the time limit granted by the Secretariat.
If a party fails to nominate a co-arbitrator within the time limit granted by the Secretariat, the
EC shall appoint an arbitrator on the behalf of the defaulting party in accordance with Article 9.

Article (9)
Appointment of Tribunal
9.1 Any arbitrator conducting an arbitration under the Rules shall be and remain impartial and
independent of the parties involved in the arbitration.
9.2 Where the arbitration agreement provides that each party is to appoint an arbitrator, such
agreement shall be construed as an agreement for each party to nominate an arbitrator for
appointment by the Centre under the Rules.
9.3 Where the parties have agreed that the Claimant shall nominate an arbitrator and the Claimant
fails to do so in the Request or within any specified time limit in the arbitration agreement or
additional time as may be allowed by the Secretariat, the Centre may proceed to appoint an
arbitrator on behalf of the Claimant in accordance with the Rules.
9.4 Where the parties have agreed that the Respondent is to nominate an arbitrator and the
Respondent fails to do so in the Answer, any request for extension of time to file the Answer or
within any specified time limit in the arbitration agreement or additional time as may be allowed
by the Secretariat, the Centre may proceed and appoint an arbitrator in accordance with the
Rules.
9.5 In the case of a three-member Tribunal, each party shall nominate a co-arbitrator for
appointment by the Centre in the manner prescribed in this article. The following applies to the
appointment of the chairperson:
a. If the parties have agreed upon a mechanism for nomination of the chairperson, that
procedure shall be followed to the extent that it is compatible with the Rules and
allowed by the Secretariat, subject to confirmation and appointment by the Centre, in
the manner prescribed in this article.
b. In the absence of any agreed procedure, the co-arbitrators shall agree upon the third
arbitrator who shall act as chairperson, subject to confirmation and appointment by the
Centre, as prescribed in this article.
c. Should the co-arbitrators fail to agree upon a third arbitrator within 15 days from
notification of the Centre's decision of appointment of the last co-arbitrator or any
additional time as may be allowed by the Secretariat, the Centre shall appoint a
chairperson.
9.6 All arbitrators shall be appointed by the Centre, with due regard to any method of nomination
agreed upon by the parties.
9.7 The Centre may decline to appoint any nominee proposed by a party if it considers the nominee
to be lacking independence, impartiality or otherwise unsuitable. In such case, the Centre may
request from that party a new nomination within a specified time limit to be determined by the
Secretariat or additional time as may be allowed by it. If that party fails to nominate an
arbitrator or if the Centre declines to appoint the alternative nominee, the Centre shall appoint
the arbitrator on behalf of that party.
9.8 Before appointment by the Centre, a prospective arbitrator shall sign a form containing a
statement of acceptance, impartiality and independence and provide the Secretariat with an
updated curriculum vitae. By signing such form, an arbitrator undertakes a continuing duty to
disclose to the Centre, the other members of the Tribunal and to the parties, any circumstances
which might, in the eyes of the parties, be of such nature as to call into question or give rise to
reasonable doubts as to the arbitrator’s impartiality and independence. The Secretariat shall
provide such information to the parties and other members of the Tribunal and fix a time limit
for any comments thereof.
9.9 Before appointment by the Centre, a prospective arbitrator shall also provide her/his written
confirmation of willingness to serve on the basis of the fees and expenses fixed by the
Secretariat in the advance on costs.
9.10 In appointing the Tribunal, the Centre shall give due consideration to the nature of the
transaction, the nature and circumstances of the dispute, the nationality, location and language
of the parties and (if more than two) the number of parties.
9.11 The Centre’s decision on the appointment of an arbitrator shall be final and the reasons for such
decision shall not be disclosed.
9.12 The EC has the power to determine the number of arbitrators who will constitute the Tribunal,
should it find, by exercising its discretionary power of appraisal, that an apparent imbalance or
prejudice against a party be perceived to derive from the arbitration agreement.
9.13 The EC has the power to rectify and decide upon any irregularities arising out of the arbitration
agreement that prevent it from operating and/or may affect the progression of the arbitration,
at any given time. Prior to taking any such decision, the parties will be invited to comment.

Article (10)
Nationality of Arbitrators
10.1 Where the parties are of different nationalities, a sole arbitrator or chairperson of the Tribunal
shall not have the same nationality as any party unless the parties who are not of the same
nationality as the proposed arbitrator all agree otherwise in writing. In certain circumstances
and provided that none of the parties objects within the time limit granted by the Secretariat,
the sole arbitrator or the chairperson may be chosen from a country of which any of the parties
is a national.
10.2 For the purpose of Article 10, a person who is a citizen of two or more states shall be treated as
a national of each state.

Article (11)
Multiple Parties
11.1 Where there are multiple parties, whether as Claimant or Respondent, and where the dispute is
to be referred to a three-member-Tribunal, the multiple Claimants, jointly, and the multiple
Respondents, jointly, shall nominate an arbitrator for appointment by the Centre pursuant to
Article 9 of the Rules.
11.2 In the absence of such a joint nomination and where all the parties are unable to agree to a
method for the constitution of the Tribunal, the Centre may appoint the entire Tribunal
pursuant to Article 9 of the Rules. In such case the Centre shall give due consideration to any
provisions of the arbitration agreement.

Article (12)
Expedited Formation
12.1 On or after the commencement of the arbitration through the filing of the Request, any party
may apply to the Secretariat for the expedited formation of the Tribunal, including the
appointment of any replacement arbitrator where appropriate.
12.2 Any such application shall be made to the Secretariat in writing, copied to all other parties to the
arbitration and shall set out the specific grounds for exceptional urgency in constituting the
Tribunal.
12.3 The Secretariat may, in its complete discretion, adjust any time limit under the Rules for
constitution of the Tribunal, including service of the Answer and of any matters or documents
adjudged to be missing from the Request.
12.4 For a Tribunal to be appointed and the file transferred, payment of the advance o costs shall be
made pursuant to Article 2.4 of the Appendix.

Article (13)
Revocation of Arbitrator's Appointment
13.1 If an arbitrator gives written notice to the Secretariat of his/her desire to resign as arbitrator or
if an arbitrator dies, becomes unable or unfit to serve, the EC may revoke that arbitrator's
appointment. In such case, the EC shall decide on the amount of fees and expenses (if any) to
be paid for the arbitrator's services, as it may deem appropriate taking into consideration all the
circumstances of the case.
13.2 If any arbitrator acts in deliberate violation of the arbitration agreement (including the Rules) or
does not act fairly and impartially between the parties or does not conduct or participate in the
arbitration with reasonable diligence, avoiding unnecessary delay or expense, the EC can motu
propio or upon a party’s request, deem that the arbitrator is unfit to serve. Prior to taking the
decision, comments from the arbitrator and the parties will be invited. The EC’s decision shall be
final and the reasons for such a decision will not be disclosed.

Article (14)
Challenge of Arbitrators
14.1 An arbitrator may be challenged by any party if circumstances exist that give rise to justifiable
doubts as to his/her impartiality or independence. A party may challenge an arbitrator it has
nominated, or in whose nomination procedure it has participated, only for reasons of which it
becomes aware after the appointment has been made.
14.2 A party who intends to challenge an arbitrator shall, within 15 days of becoming aware of any
circumstances referred to in Article 13.2 and 14.1, send a written statement of the reasons for
its challenge to the Secretariat, the Tribunal and all other parties. Unless the challenged
arbitrator withdraws or all other parties agree to the challenge within the time limit granted by
the Secretariat, the EC will decide on the challenge. Any decision made by the EC, shall not be
subject to reconsideration unless new evidence is provided, which the providing party could not
timely provide for reasons not attributable to that party.
14.3 A party who intends to challenge an arbitrator, shall make a deposit equivalent to the amount
determined by Article 1.1 of the Appendix, with its challenge. Only if the challenge is successful,
the party will be reimbursed the said deposit.

Article (15)
Replacement of Arbitrators
15.1 If an appointed arbitrator is to be replaced for any reason, the EC shall have a complete
discretion to decide whether or not to follow the original appointment process.
15.2 If the EC so decides, any opportunity given to a party to make a re-nomination shall be waived if
not exercised within the specified time limit to be determined by the Secretariat or additional
time as may be allowed by it, after which, the EC shall appoint the replacement arbitrator.
15.3 Once reconstituted, and after having invited the parties to comment, the reconstituted Tribunal
shall determine if and to what extent prior proceedings shall be repeated before the
reconstituted Tribunal.
15.4 If the appointment of an arbitrator is revoked after the closing of the proceedings, the EC may
decide that the remaining arbitrators shall continue with the arbitration. All circumstances and
comments from the remaining arbitrators shall be taken into consideration.

Article (16)
Power of Majority to Continue Proceedings
16.1 If any member of a Tribunal refuses or persistently fails to participate in the deliberations, the
other arbitrators shall have the power, upon having given written notice of such refusal or
failure to the Secretariat, the parties and the defaulting arbitrator, to continue the deliberations
and make any decision, ruling or award, notwithstanding the absence of the remaining
arbitrator.
16.2 In determining whether to continue the arbitration, the other arbitrators shall take into
consideration the stage of the arbitration, any explanation given by the defaulting arbitrator for
his/her non-participation and such other matters as they consider appropriate in the
circumstances. The reasons for such determination shall be stated in any decision, ruling or
award made by the other arbitrators without the participation of the defaulting arbitrator.
16.3 In the event that the other arbitrators determine at any time not to continue the arbitration
without the participation of the defaulting arbitrator, the other arbitrators shall notify in writing
to the parties and the Secretariat of such determination. In that event, the other arbitrators or
any party may refer the matter to the Centre for the revocation of the appointment of that
arbitrator and the appointment of a replacement arbitrator under Articles 13, 14 and 15 above.

Article (17)
Functions of the Centre and the EC
17.1 Any matter not expressly referred to in the Rules, will be decided by the EC. The EC shall be the
sole authority to interpret the Rules.
17.2 All decisions made by the EC will remain confidential. EC decisions shall not be subject to
reconsideration, unless new evidence is provided.
17.3 The administration of all cases will be made by the Centre in accordance with the Rules and the
Centre’s internal policies.

The Proceedings

Article (18)
General Provisions
In all cases, the Tribunal shall act fairly and impartially and ensure that each party is given a full
opportunity to present its case.

Article (19)
Transmission of the File to the Tribunal
The Centre shall transmit a copy of the file to the Tribunal as soon as it has been appointed, provided
always that any advance on costs requested by the Centre at this stage has been paid.

Article (20)
Modification of Time Limits
20.1 The parties may agree to modify the time limits set out in the arbitration agreement or the
Rules. Any such agreement entered into subsequent to the constitution of the Tribunal shall
become effective only upon the approval of the Tribunal.
20.2 The EC, on its own initiative, may extend any time limit if it decides that it is necessary to do so
in order that the Tribunal or the EC to fulfil their responsibilities in accordance with the Rules.

Article (21)
Seat of Arbitration and Place of Hearings
21.1 The parties may agree in writing on the seat of arbitration. In the absence of such a choice, the
seat of arbitration shall be Dubai, unless the EC determines otherwise in view of all the
circumstances and after having given the parties an opportunity to comment.
21.2 The Tribunal may, after consultation with the parties, conduct hearings or meetings at any place
or through the means that it considers appropriate. If such place is different from the seat of
arbitration, the arbitration shall nonetheless be treated for all purposes as an arbitration
conducted at the seat of arbitration. The Tribunal may deliberate wherever it considers
appropriate.
21.3 The Award shall be deemed to have been made at the seat of arbitration.

Article (22)Language
22.1 Unless otherwise agreed by the parties, the initial language of arbitration shall be the language
of the arbitration agreement.
22.2 In the event that the arbitration agreement is written in more than one language, the EC may,
unless the arbitration agreement provides that the arbitration proceedings shall be conducted in
more than one language, decide which of those languages shall be the initial language of
arbitration.
22.3 Upon its formation, the Tribunal shall have the power to determine the language or languages
of arbitration having due regard to any observations from the parties and all relevant
circumstances of the case.
22.4 The Tribunal may order that any documents submitted in languages other than the language of
arbitration be accompanied by a translation in whole or in part into the language of arbitration.

Article (23)Preliminary Meeting

Within ten days from the date of the transmission of the file to the Tribunal, as provided in Article 19,
the Tribunal shall contact the parties and notify them of the date for a preliminary meeting. The
preliminary meeting can be held in person or by electronic means of communication, as determined by
the Tribunal. The Tribunal shall fix a timetable for the submission of documents, statements and
pleadings as hereinafter provided.
Article (24)
Statement of Claim
24.1 Unless the statement of claim was submitted with the Request or the parties with the consent
of the Tribunal have agreed otherwise, the Claimant shall, within 30 days of receipt of
notification from the Centre of the appointment of the Tribunal, submit its statement of claim to
the Respondent and to the Tribunal with a copy to the Centre as provided in Article 3.3.
24.2 The statement of claim shall contain a comprehensive statement of the facts and legal
arguments supporting the claim, including a statement of the relief sought.
24.3 The statement of claim shall be accompanied by the documentary evidence upon which the
Claimant intends to rely, together with a schedule of such documents.

Article (25)
Statement of Defence
25.1 The Respondent shall, within 30 days of receipt of the statement of claim or according to the
parties’ agreement with the Tribunal, submit its statement of defence to the Claimant and to
the Tribunal with a copy to the Centre as provided in Article 3.3.
25.2 The statement of defence shall be accompanied by the documentary evidence upon which the
Respondent intends to rely together with a schedule of such documents.
25.3 Any counterclaim by the Respondent shall be made or asserted in the statement of defence or,
in exceptional circumstances, at a later stage in the arbitral proceedings if so decided by the
Tribunal. Any such counterclaim shall contain the same particulars and documentary evidence
as those specified in Article 24.2 and 3.

Article (26)Further Written Statements

26.1 The Tribunal may, in its discretion, allow or require further written statements in addition to the
statement of claim and statement of defence and shall fix the periods of time for submission of
such statements.
26.2 In the event that a counterclaim has been made or asserted, the Claimant shall reply to the
particulars thereof. The time limits set out in Article 25.1 shall apply to such reply.
26.3 The periods of time fixed by the Tribunal for the communication of written statements
(including the statement of claim and statement of defence) should not exceed forty-five days
unless otherwise directed by the Tribunal having consulted with the parties.

Article (27)New Claims and Amendments to the Statements of Claim or Defence

27.1 Subject to any contrary agreement by the parties, either party may amend or supplement its
claim, counterclaim or defence during the course of the arbitration, unless the Tribunal
considers it inappropriate to allow such amendment having regard to its nature, the delay in
making it, the prejudice that may be caused to the other party and any other relevant
circumstances.
27.2 After the submission of the statement of claim and defence and counterclaim, no party shall
make new claims or counterclaims, unless authorized to do so by the Tribunal, which shall
consider the nature of such new claims or counterclaims, the stage of the arbitration and any
other relevant circumstances.
27.3 The withdrawal of all claims made by the Claimant will only take place when all parties involved
expressly agree to the withdrawal and corresponding termination of proceedings.

Article (28)Burden of Proof and Evidence

28.1 Each party shall have the burden of proving the facts relied on to support its claim or defence.
28.2 The Tribunal shall have the power to decide on the rules of evidence to be applied including the
admissibility, relevance or weight of any material tendered by a party on any matter of fact or
expert opinion; and to determine the time, manner and form in which such material should be
exchanged between the parties and presented to the Tribunal.
28.3 At any time during the arbitration, the Tribunal may, at the request of a party or motu propio,
order a party to produce such documents or other evidence within such a period of time as the
Tribunal considers necessary or appropriate and may order a party to make available to the
Tribunal or to an expert appointed by it or to the other party, any property in its possession or
control for inspection or testing.
28.4 The Tribunal may, at the request of a party or on its own motion, inspect or require the
inspection of any site or property, as it deems appropriate.

Article (29)Hearings
29.1 If either party so requests, the Tribunal shall hold a hearing for the presentation of evidence by
witnesses or for oral argument or for both. In the absence of a request, the Tribunal has the
discretionary power to decide whether to hold such a hearing or hearings and establish the time
limits thereof. If no hearings are held, the proceedings shall be conducted on the basis of
documents and other materials alone.
29.2 In the event of a hearing, the Tribunal shall give the parties adequate advance notice of the
date, time and place or means thereof.
29.3 Unless the parties agree otherwise in writing or the Tribunal directs otherwise, all meetings and
hearings shall be held in private. Parties not involved in the proceedings shall not be admitted to
the hearings without the approval of the Tribunal and the parties.
29.4 The Tribunal shall determine whether and, if so, in what form a record shall be made of any
hearing. The Tribunal will also determine how the cost of such record and other related costs
will be allocated between the parties.
29.5 If any of the parties, although duly summoned, fails to appear without valid excuse, the Tribunal
shall have the power to proceed with the arbitration.

Article (30)Witnesses
30.1 If witnesses are to be heard, each party shall communicate to the Tribunal and to the other
party within the period of time established by the Tribunal but in any event at least fifteen days
before the hearing, the identities and addresses of the witnesses it intends to call, the subject
matter of their testimonies and its relevance to the issues in arbitration, the languages in which
such witnesses will give their testimony and any other matter requested by the Tribunal.
30.2 The Tribunal has discretion, on the grounds of avoiding duplication or lack of relevance, to limit
the appearance of any witness, whether witness of fact or expert witness.
30.3 Any witness who gives oral evidence may be questioned, by each of the parties under the
control of the Tribunal. The Tribunal may put questions at any stage of the examination of the
witnesses.
30.4 The testimony of witnesses may, either at the choice of a party or as directed by the Tribunal, be
submitted in written form, whether by way of signed statements, sworn affidavits or otherwise,
in which case the Tribunal may make the admissibility of the testimony conditional upon the
witnesses being made available for oral testimony.
30.5 A party shall be responsible for the practical arrangements, cost and availability of any witness it
calls, and bear the consequences of non-appearance.
30.6 The Tribunal shall determine whether any witness shall retire during any part of the hearings,
particularly during the testimony of other witnesses.
30.7 The Tribunal shall only require witnesses who have submitted a written statement and who
have been requested to provide oral testimony during the hearing, to swear an oath prior to
giving oral evidence, in accordance with any mandatory provisions of the applicable procedural
law. The Tribunal has the authority to accept oaths and conduct examinations by electronic
means including telephone conference, so long as it is has been satisfied of the identity of the
witness through the appropriate means.

Article (31)Experts Appointed by the Tribunal

31.1 The Tribunal may, after consultation with the parties, appoint one or more independent experts
to report to it on specific issues designated by the Tribunal. A copy of the expert's terms of
appointment, established by the Tribunal, having due regard to any observations of the parties,
shall be communicated to the parties. Any such expert shall be required to sign an appropriate
confidentiality undertaking.
31.2 The Tribunal may require a party to give any such expert all relevant information, documents, or
provide access to goods, property or site for inspection by the expert. Any dispute between a
party and the expert as to the relevance of the requested information or goods shall be referred
to the Tribunal for decision.
31.3 Upon receipt of the expert's report, the Tribunal shall provide a copy of the report to the
parties, who shall be given the opportunity to comment on the report. A party may examine any
document on which the expert has relied upon in such a report.
31.4 At the request of a party, the parties shall be given the opportunity to question the expert at a
hearing. At this hearing, the parties may present expert witnesses to testify on the points at
issue.
31.5 The opinion of other experts on the issue or issues submitted to the Tribunal’s expert shall be
subject to the Tribunal's power of assessment of those issues in the context of all the
circumstances of the case, unless the parties have agreed that the determination of the
Tribunal’s expert shall be conclusive in respect of any specific issue.
31.6 The fees and expenses of any expert appointed by the Tribunal under this Article shall be paid by
the parties in accordance with the Appendix.

Article (32)Interim and Conservatory Measures of Protection

32.1 Subject to any mandatory rules of the applicable law, at the request of a party, the Tribunal may
issue any provisional orders or take other interim or conservatory measures it deems necessary,
including injunctions and measures for the conservation of goods which form part of the subject
matter in dispute, such as an order for their deposit with a third person or for the sale of
perishable goods. The Tribunal may make the granting of such measures subject to appropriate
security being furnished by the requesting party.
32.2 Measures and orders contemplated under this Article may take the form of an interim or
provisional award.
32.3 A request addressed by a party to a competent judicial authority for interim or conservatory
measures, or for security for the claim or counterclaim, or for the implementation of any such
measures or orders granted by the Tribunal, shall not be deemed incompatible with, or a waiver
of, the arbitration agreement.
32.4 Any such request and any measures taken by the competent judicial authority must be notified
without delay to the Secretariat by the party making such a request or seeking such measures.
The Secretariat shall inform the Tribunal thereof.
Article (33)Default
33.1 If the Claimant, without showing good cause, fails to submit its statement of claim in accordance
with Article 24, the Tribunal may refuse to proceed with the claim. However, this will not
prevent the Tribunal from proceeding to determine the rights of the Respondent derived from
the claim and/or any counterclaim raised by the Respondent in the Answer.
33.2 If the Respondent, without showing good cause, fails to submit its statement of defence in
accordance with Article 25, the Tribunal may nevertheless proceed with the arbitration and
make the award.
33.3 The Tribunal may also proceed with the arbitration and make the award if a party, without
showing good cause, fails to avail itself of the opportunity to present its case within the period
of time determined by the Tribunal.
33.4 If a party, without showing good cause, fails to comply with any provision of, or requirement
under the Rules or any direction given by the Tribunal, the Tribunal may draw the inferences
therefrom that it considers appropriate.

Article (34)
Rules of Law Applicable to the Merits
34.1 The Tribunal shall decide the dispute in accordance with the law(s) or rules of law chosen by the
parties as applicable to the merits of their dispute. If and to the extent that the Tribunal
determines that the parties have made no such choice, the Tribunal shall apply the law(s) or
rules of law which it considers to be most appropriate.
34.2 Any designation of the law of a given state shall be construed, unless otherwise expressed, as
directly referring to the substantive law of that state and not to its conflict of laws rules.
34.3 In all cases, the Tribunal shall decide the dispute having due regard to the terms of any relevant
contract and taking into account applicable trade usages.
34.4 The Tribunal shall assume the powers of an amiable compositeur or decide ex aequo et bono
only if the parties have expressly agreed in writing to give it such powers.

Article (35)
Closure of Proceedings
35.1 The Tribunal shall declare the proceedings closed when it is satisfied that the parties have had
adequate opportunity to present submissions and evidence.
35.2 The Tribunal may, if it considers it necessary owing to exceptional circumstances, decide motu
propio or upon application of a party, to re-open the proceedings it declared to be closed at any
time before the award is made.
35.3 Following closure of the proceedings, the Tribunal shall proceed to make its award.
35.4 The Tribunal shall inform the Secretariat of the date by which it expects to submit its draft
award to the Secretariat pursuant to Article 38.8.

Article (36)
Waiver
A party which knows that any provision of, or requirement under the Rules or other rules applicable to
the proceedings, or any direction given by the Tribunal, has not been complied with and yet proceeds
with the arbitration without promptly raising an objection to such non-compliance, shall be deemed to
have irrevocably waived its right to object.

AWARDS
Article (37)
Time Limit for the Award
37.1 By submitting to arbitration under the Rules the parties shall so deemed to have agreed that the
provisions of this Article shall apply to extending the time limit for rendering the final award.
37.2 The time limit within which the Tribunal must render its final Award is six months from the date
the sole arbitrator (or the Chairperson in the case of three arbitrators) receives the file.
37.3 The parties may extend the time limit for rendering the final award, by implicit or explicit
agreement.
37.4 The EC may extend this time limit further pursuant to a reasoned request from the Tribunal or
motu propio if it decides that it is necessary to do so.
37.5 The time limit for the award shall cease to run whenever the arbitration is discontinued or
suspended by the Tribunal and shall recommence from the date determined by the Tribunal. For
the determination of the latter, the Tribunal shall take into consideration the notification of the
reason for which the arbitration was suspended or terminated has ceased to exist. If the
remaining period is less than a month, it shall be extended to one full month.

Article (38)
The Award
38.1 The Tribunal may make preliminary, interim, interlocutory, partial, final or other awards as
deemed appropriate.
38.2 All awards shall be made in writing and shall be final and binding on the parties. By agreeing to
arbitration under the Rules, the parties undertake to carry out any award immediately and
without any delay. The parties also waive irrevocably their right to any form of appeal, review or
recourse to any state court or other judicial authority, insofar as such waiver may be validly
made.
38.3 Unless the parties agree otherwise, where there is more than one arbitrator, any award, order
or other decision of the Tribunal shall be made by a majority.
38.4 The award shall state the date on which it was made, as well as the seat of arbitration. All
awards shall be deemed to have been signed and issued at the seat of arbitration.
38.5 The award shall state the reasons on which it is based, unless the parties have agreed that no
reasons should be stated and the law applicable to the arbitration does not require the
statement of such reasons.
38.6 The award shall be signed by the Tribunal. The signature of the Award by a majority of the
arbitrators, or, in the case of Article 38.3, second sentence, by the Chairperson, shall be
sufficient. Where there is more than one arbitrator and one of them fails to sign without valid
cause, the award shall state the reason for the absence of the signature.
38.7 If any arbitrator fails to comply with the mandatory provisions of any applicable law relating to
the making of the award, having been given a reasonable opportunity to do so, the remaining
arbitrators may proceed in his/her absence and state in their award the circumstances of the
other arbitrator's failure to participate in the making of the award. The dissenting arbitrator may
provide his/her own comments on the matter separately.
38.8 Prior to signing any award, the Tribunal shall submit the final draft of the award to the
Secretariat, who many provide comments if deemed appropriate. After the last evidentiary
hearing is held or the last submissions have been filed by the parties, the Tribunal shall inform
the Secretariat of the date by which it expects to submit its final draft award for potential
comments.
38.9 The signed award shall be communicated by the Tribunal to the Secretariat in a number of
originals sufficient to provide one for each party, all members of the Tribunal and the Centre.
The Secretariat shall formally communicate an original of the award to each party and the
arbitrator or arbitrators, provided that the advance on costs has been paid to the Centre in
accordance with the Appendix.
38.10 The award may be made public only with the consent of the parties or in its redacted form to
preserve the confidentiality of the parties.
38.11 The advance on costs and arbitration costs, and their apportionment between the parties shall
be fixed in the award or other order by which the arbitral proceedings are terminated, including
a final award on jurisdiction. An award may be rendered solely for costs.
38.12 The Tribunal and the Centre shall assist the parties in complying with whatever formalities may
be necessary to attain enforceable awards.
38.13 The Centre may take any steps as may be necessary to enable the Tribunal to comply with any
terms of a direct or indirect court request.
38.14 The Centre may request payment for further expenses, after a final award has been rendered.
Such additional expenses will be dealt with and apportioned by the Tribunal in accordance with
Article 38.11.

Article (39)
Interpretation, Correction and Additional Award
39.1 Within 30 days of receipt of the award, a party may, by written notice to the Tribunal with a
copy to the Centre and the other party, request the Tribunal to give an interpretation of the
award. If the Tribunal considers the request to be justified, it shall provide its interpretation
within 30 days of receipt of the Request. Any interpretation, which shall take the form of a
supplemental award signed by the Tribunal, is deemed to be part of the final award.
39.2 Within 30 days of receipt of the award, a party may, by written notice to the Tribunal, with a
copy to the Centre and the other party, request the Tribunal to correct any clerical,
typographical, computational or other errors in the award. If the Tribunal considers the request
to be justified, it shall make the correction within 30 days of receipt of the request. Any
correction which shall take the form of a supplemental award signed by the Tribunal, is deemed
to be part of the award.
39.3 The Tribunal may correct any error of the type referred to in Article 39.2 on its own initiative
within 30 days after the date of the award.
39.4 Within 30 days of receipt of the award, a party may, by written notice to the Tribunal, with a
copy to the Centre and the other party, request the Tribunal to make an additional award in
respect of claims or counterclaims presented in the arbitration but not dealt with in any award.
Before deciding on the request, the Tribunal shall give the parties an opportunity to be heard. If
the Tribunal considers the request to be justified, it shall, wherever reasonably possible, make
the additional award within 60 days of receipt of the request. The additional award is deemed to
be part of the final award.
39.5 The provisions of Article 38 apply mutatis mutandis to supplemental and additional awards.
39.6 In case additional expenses are incurred by the Tribunal for the rendering of a supplemental or
additional award, their allocation between the parties shall be decided by the Tribunal in the
respective award, which will be deemed to be part of the final award.

MISCELLANEOUS

Article (40) Settlement or Other Grounds for Termination

40.1 If, before a final decision on the merits is made, the parties agree on a settlement of the dispute,
the Tribunal shall terminate the arbitration and, if requested jointly by the parties, may record
the settlement in the form of a termination order or consent award. Such award shall contain a
statement that it is an award made by the parties' consent.
40.2 The consent award or the order for termination of the arbitration, shall be signed by the
Tribunal and shall be communicated by the Tribunal to the Secretariat in a number of originals
sufficient to provide one for each party, the Tribunal and the Centre. The Secretariat shall
formally communicate an original of the consent award or the order for termination to each
party and the Tribunal.

Article (41) Limitation of Liability

No member of the Tribunal or person appointed by the Tribunal, the EC and its members, nor the Centre
or any of its employees shall be liable to any person for any act or omission in connection with the
arbitration.

Article (42) Confidentiality

42.1 Unless all parties expressly agree in writing to the contrary, the parties undertake as a general
principle to keep confidential all awards and orders in their arbitration, together with all
materials in the proceedings created for the purpose of the arbitration and all other documents
produced by another party in the proceedings not otherwise in the public domain – save and to
the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal
right or to enforce or challenge an award in bona fide legal proceedings before a state court or
other judicial authority.
42.2 The deliberations of the Tribunal are likewise confidential to its members, except where an
explanation of an arbitrator's refusal to participate in the arbitration is required by the other
members of the Tribunal under Articles 14, 15 and 16 of the Rules.

Article (43) Amending the Appendix - Cost of Arbitration

The Board of Trustees, on the basis of a proposal by the EC, may from time to time amend the Appendix.

Article (44)
General Rule
In all matters not expressly provided for in these Rules, the Centre, the Tribunal and the parties shall act
in the spirit of these Rules and shall make reasonable efforts to attain the award is enforceable at law.
Additional Articles to be inserted in the body of the Rules after consultation

Article (*)
Expedited proceedings
Prior to the full constitution of the Tribunal, a party may file an application to the Secretariat for arbitral
proceedings to be conducted under expedited basis.
An expedited procedure may apply if:
- the amount in dispute is below AED 2,000,000 (exclusive of interests and legal representation fees); or
- the parties expressly agree; or
- in cases of exceptional urgency; or
- if considered so by the EC, based on the overall circumstances of the dispute.
In such case:
- a Tribunal consisting of a sole arbitrator will be appointed, unless exceptionally determined otherwise
by the EC;
- the Secretariat may shorten any time limit under the Rules;
- in addition to the Request and the Answer, the parties may only submit a brief Statement of Claim and
Defense within 15 days from the date the file is transferred to the Tribunal, unless otherwise directed so
by the Tribunal;
- the dispute shall be decided on the basis of documentary evidence only, unless the Tribunal decides
otherwise, after consultation with the parties;
- the award shall be made after 3 months from the date the file is transferred to the Tribunal, unless
exceptionally extended by the EC.

Article (*)
Alternative appointing process
If the parties fail to jointly appoint a sole arbitrator and have not provided any alternative method of
appointment, the arbitrator shall be appointed in the following manner:
- The Secretariat shall send simultaneously to each party an identical list of 3 to 7 names of suitable
candidates, unless the Secretariat decides otherwise.
- Each party shall have 7 calendar days from the transmittal date in which to strike names objected to,
number the remaining names in order of preference, and return the list to the Secretariat.
- The parties shall not exchange neither selection lists nor any comments thereof.
- If a party does not return the list within the time specified, all candidates named therein shall be
deemed acceptable to that party.
- From among the candidates who have been approved on both lists, and in accordance with the
designated order of mutual preference, the Secretariat shall invite the selected candidate to serve as
arbitrator. If the parties fail to agree on any of the persons named, or if a selected candidate is unable to
act, or if for any other reason the appointment cannot be made from the submitted lists, the EC shall
have the power to decide whether to repeat the list nomination process or make a direct appointment.

Article (*)
Conciliation proceedings
A party wishing to submit its dispute to conciliation may file an application to the Secretariat for
conciliation proceedings to be conducted under this provision. A registration fee will be payable in
accordance with article 1.1 to the Appendix.
- The application shall include a description of the facts and relevant circumstances of the dispute,
together with the supporting documents.
- The Secretariat shall notify the other party of the application for conciliation within 7 days from the
date of its receipt. The other party shall submit a reply within the following 15 days.
- The conciliator shall be appointed by the EC. The fees and expenses payable to the conciliator will be
determined by the EC on a case by case basis. The administrative fees will be also fixed by the EC.
- The parties may object to the conciliator within 7 days of the notification of appointment by the EC.
The conciliation proceedings shall commence immediately after expiration of this period.
- The conciliator shall study the dispute and summon the parties before hearing their arguments.
- The conciliator shall bring together the views of the parties when possible, and upon their agreement
on a final formula for the settlement, a record of it shall be signed by the conciliator.
- The proceedings shall finalize within two months from the appointment of the conciliator, unless
otherwise extended by the parties or the EC.
- If the attempt of conciliation fails, the dispute shall be considered no more pending before the Centre
and the rights of the parties shall not be affected in any manner by what was presented or written
during the course of the conciliation proceedings.
- At the request of any of the parties, the Centre shall issue a certificate stating that the dispute was
referred to it but that attempts for conciliation failed, without any further comments or opinion on the
merits.

Article (*)
Emergency Arbitrator
A party in need of emergency relief may, concurrent with or following the filing of a Request but prior to
the constitution of the Tribunal, make an application for emergency interim relief. The party shall notify
the Secretariat and all other parties in writing of the nature of the relief sought and the reasons why
such relief is required on an emergency basis. The application shall also set forth the reasons why the
party considers is entitled to such relief. Such notice must include a statement certifying that all other
parties have been notified or an explanation of the steps taken in good faith to notify other parties. The
application shall also be accompanied by the payment of a non-refundable filing fee in accordance with
article 1.1 to the Appendix.
- The EC shall, if it determines that DIAC should accept the application, seek to appoint an emergency
arbitrator within 3 business day of receipt by the Secretariat of such application and payment of an
additional fee fixed by the EC.
- Before appointment, a prospective emergency arbitrator shall disclose to the Secretariat any
circumstances which may give rise to justifiable doubts as to his/her impartiality or independence. Any
challenge to the appointment of the emergency arbitrator must be made within one business day of the
communication by the Secretariat to the parties of the appointment of the emergency arbitrator and
the circumstances disclosed.
- An emergency arbitrator may not act as an arbitrator in any future arbitration relating to the dispute,
unless agreed so by the parties.
- The emergency arbitrator shall, as soon as possible but in any event within two business days of
appointment, establish a schedule for consideration of the application for emergency relief. Such
schedule shall provide a reasonable opportunity to all parties to be heard, but may provide for
proceedings by telephone conference or on written submissions as alternatives to a formal hearing. The
emergency arbitrator shall have the powers vested in the Tribunal pursuant to the Rules, including the
authority to rule on his own jurisdiction.
- The emergency arbitrator shall have the power to order or award any interim relief deemed necessary.
The emergency arbitrator shall reason all decisions in writing. The emergency arbitrator may modify or
vacate the interim award.
- The emergency arbitrator shall be considered functus officio after the Tribunal is constituted. The
Tribunal may reconsider, modify or vacate the interim award or order of emergency relief issued by the
emergency arbitrator. The Tribunal is not bound by the reasons given by the emergency arbitrator. Any
order or award issued by the emergency arbitrator shall, in any event, cease to be binding if the Tribunal
is not constituted within 90 days of such order or award or when the Tribunal makes a final award or if
the claim is withdrawn.
- Any interim award or order for emergency relief may be subject to the condition to provide
appropriate security.
- An order or award pursuant to this provision shall be binding on the parties. By agreeing to arbitration
under the Rules, the parties undertake to comply with such an order or award without delay.
- The costs associated with any application pursuant to this provision shall initially be apportioned by the
emergency arbitrator, subject to the power of the Tribunal to determine finally the apportionment of
such costs.
- The Rules shall apply mutatis mutandis and as appropriate to any proceeding pursuant to this
provision, taking into account the inherent urgency of such proceedings.
APPENDIX COST OF ARBITRATION

Article (1)
Registration Fee
1.1 Each Request to commence arbitration, or to introduce a counterclaim/set-off, must be
accompanied by the applicable non-refundable registration fee, in accordance with Article 5 to
the Appendix.
1.2 The Centre shall proceed only with respect to those claims, defences or counterclaims with
regard to which the registration fee has been paid.

Article (2)
Costs of Arbitration
2.1 The costs of the arbitration shall include inter alia the Centre's registration fee, the advance on
costs, the fees and expenses of any Tribunal appointed expert and the legal representation fees.
2.2 The advance on costs consists of the administrative fees for the claim and any counterclaim and
the Tribunal’s fees and expenses. The Secretariat shall fix the advance on costs corresponding to
the amount of the dispute, in accordance with the Table in force at the time of the
commencement of the arbitration. This amount may be subject to readjustment at any time
during the arbitration pursuant to Article 3 of the Appendix.
2.3 If the amounts in dispute were not specified in the claim or the counterclaim, the Secretariat
may fix the advance on costs at its discretion on the basis of a preliminary quantification of the
amount in dispute.
2.4 The advance on costs fixed by the Secretariat shall be payable in equal shares by the parties,
unless separate advances on costs are fixed. If either party fails to pay its share, the other party
at the request of the Secretariat shall substitute for the other party’s share in cash, by providing
an unconditional bank guarantee or by a method acceptable to the EC.
2.5 Where, apart from the claims, counterclaims are submitted, the Secretariat may fix separate
advances on costs for the claims and the counterclaims.
2.6 Where the Secretariat has fixed separate advances on costs, each of the parties shall pay the
advance on costs corresponding to its claims.
2.7 The case file shall not be transmitted to the Tribunal unless the advance on costs as fixed by the
Secretariat has been fully paid.
2.8 The Tribunal shall inform the Secretariat of any increase in the amount of the claims or
counterclaims.
2.9 When the Secretariat is satisfied that a request for payment of the advance on costs has not
been complied with whether before or after the transfer of the file to the Tribunal, the
Secretariat may refer the matter to the EC either to suspend the proceedings or set a final time
limit on the expiration of which the relevant claims or counterclaims shall be considered as
withdrawn. A party shall not be prevented, on the grounds of such withdrawal, from introducing
the same claims or counterclaims at a later date in another Request. If any party wishes to make
an objection to this measure, it must make a request prior to the referral of the matter to the
EC.
2.10 If one party claims a right to a set-off with regard to any claim, such set-off shall be taken into
account in determining the advance on costs in the same way as a separate claim insofar as it
may require the Tribunal to consider additional matters.
2.11 Before any expertise ordered by the Tribunal can be commenced, the parties, or one of them,
shall pay an advance on costs fixed by the Tribunal sufficient to cover the expected fees and
expenses of the experts as determined by the Tribunal.
2.12 If an arbitration terminates before a final decision on the merits is made or when an award by
consent is issued, the EC shall fix the advance on costs at its discretion, taking into consideration
the stage reached in the proceedings and any other relevant circumstances, in accordance with
Article 3 of the Appendix.
2.13 Amounts paid to the Tribunal do not include any possible taxes or charges, applicable to the
Tribunal's fees. The parties have a duty to pay any such taxes or charges. However, the recovery
of any such taxes or charges is a matter solely between the Tribunal and the parties.

Article (3)
Fixing the Tribunal’s Fees
3.1 In setting the Tribunal's fees pursuant to Article 2.11 of the Appendix, the EC shall take into
consideration the diligence of the Tribunal, the rapidity of the proceedings, and the complexity
of the dispute, so as to arrive at a figure within the limits specified in the Table or, in exceptional
circumstances, at a figure higher or lower than those limits.
3.2 The EC may, at any time during the arbitration, fix the fees of the Tribunal at a figure higher or
lower than that which would result from the application of the Table due to the circumstances
of the case. For this purpose, the EC should take into account the fluctuation in the amount in
dispute, changes in the amount of the Tribunal’s estimated expenses, or the evolving difficulty
or complexity of the proceedings or any other relevant circumstances deemed appropriate. The
EC shall determine how such increase will be allocated between the parties.
3.3 No additional fees may be charged by the Tribunal for interpretation or correction of its award
pursuant to Article 39 of the Rules.
3.4 When the Tribunal is composed of three members, unless the Tribunal advises the Secretariat of
a different allocation, the Secretariat shall fix the Tribunal’s total fees so that the Chairperson
receives 40% and each co-arbitrator 30%. The Secretariat may decide on a different allocation
based on the circumstances of the case.
3.5 The EC may reconsider and reduce the fees payable to the Tribunal after the rendering of a final
award in exceptional circumstances referred to it by the Secretariat, should it consider that the
time spent for the issuance of the award exceeded a reasonable time frame, taking into
consideration the complexity of the dispute and the overall diligence of the Tribunal.

Article (4)
Decision on the Costs of Arbitration
4.1 The Tribunal may make decisions on the costs of arbitration at any time during the proceedings.
4.2 The final award shall fix the costs of arbitration and decide which of the parties shall bear them
or in what proportion they shall be borne by the parties, and subject to Article 3.5 of the
Appendix.
4.3 Any dispute regarding the advance on costs shall be determined by the EC.

Article (5)
Table of Fees and Costs
The Table of Fees and Costs determines the registration, administrative and the Tribunal’s fees in
accordance with the total amount in the dispute, and provides maximum and minimum limits. The DIAC
Board of Trustees may amend this Table from time to time, as it may deem necessary.

Article (6)
Fees for appointing adjudicators, arbitrators, experts, mediators or deciding on a challenge of an
arbitrator, in arbitrations which are not subject to the Rules
6.1 An application to the Centre to appoint inter alia adjudicators, arbitrators, experts, mediators or
to decide on a challenge against an arbitrator or the like in arbitrations that are not subject to
the Rules shall be subject to payment of a non-refundable fee.
6.2 An application made under Article 6.1 shall be governed mutatis mutandis by the Rules.