JUPITICE ONLINE ADMINISTERED ARBITRATION PROCEDURAL RULES

1.1. Where the parties have agreed to refer their disputes to the Jupitice Justice Platform for Arbitration or to Arbitration in accordance with the Jupitice Administered Online Rules, the parties shall be deemed to have agreed that the Arbitration shall be conducted pursuant to and administered by Jupitice Administrator in accordance with these Rules. These Rules shall also apply to any dispute which has been referred by any Court to Arbitration under these Rules.

1.2. The Jupitice Administrator does not itself resolve disputes. It administers the resolution of disputes by Arbitral Tribunals, in accordance with the Jupitice Administered Online Arbitration Rules (the "Rules") via Jupitice Justice Platform.

1.3. These Jupitice Administered Online Arbitration Rules (the "Rules") comprises the Articles and the Schedules as are, from time to time, amended by the Jupitice Administrator.

1.4. These Rules shall govern online Arbitration proceedings relating to any disputes between them in respect of a defined legal relationship, whether contractual or not, where an arbitration clause or arbitration agreement (whether entered into before or after a dispute has arisen) either, (a) provides for these Rules to apply or (b) provides for arbitration "administered by Jupitice Administrator" subject to such modifications as the parties may agree in writing before or during the course of Arbitral proceedings, except that where any of these Rules is in conflict with a provision of the law applicable to the Arbitration proceedings from which the parties cannot derogate, that provision shall prevail.

1.5. By agreeing to arbitration in accordance with Article 1.4, the parties accept that the Jupitice Administrator shall administer the arbitration proceedings and the Arbitration proceeding shall be performed on Jupitice Justice Platform.

1.6. Nothing in these Rules shall prevent parties to a dispute or arbitration agreement from naming Jupitice Provider as appointing authority, or from requesting certain administrative services from Jupitice, without subjecting the Arbitration to the provisions contained in these Rules. For the avoidance of doubt, these Rules shall not govern arbitrations where an arbitration agreement provides for arbitration under other rules, including other rules adopted by Jupitice from time to time.

1.7. These rules shall come into force on 14th May 2021 and shall apply to all the Arbitration falling within Article 1.1 in which the Notice of Arbitration is submitted on or after that date, unless otherwise agreed by the parties.

1.8. All the aspects of the Arbitration proceedings shall be accomplished electronically via Jupitice Justice Platform.

1.9. Nothing in these Rules shall prevent parties to a dispute or Arbitration Agreement, or a Court, from naming the Jupitice Administrator as the Appointing Authority or from requesting the use of the facilities and/or administrative services of the Jupitice Justice Platform without subjecting the Arbitration to these rules.

1.10. Jupitice ADMINISTRATOR is assisted in its work by the "Jupitice Advisory Board" (the "JAB"), Case Manager, Administrative Staff etc.

2.1 "Arbitration" means an Online Arbitration Mechanism for resolving disputes through the use of electronic communications, information & communication technology and other technologies via Jupitice Justice Platform.

2.2 "Arbitration Act" for all purposes shall be the Arbitration and Conciliation Act, 1996 as amended from time to time unless otherwise notified.

2.3 "Arbitral Tribunal" includes a Sole Arbitrator, or all the Arbitrators where more than one Arbitrator is appointed, and shall include an Emergency Arbitrator appointed under Jupitice Rules.

2.4 "Arbitration Notification" shall mean written communication sent by Jupitice when one of parties to the dispute commences arbitration as per the Jupitice Rules to the other concerned parties of the dispute.

2.5 "Arbitration Agreement" means an agreement in writing by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them; an Arbitration Agreement may be in the form of an arbitration clause or in the form of a separate contract.

2.6 "Award" shall mean any interim award, final award or any additional award passed by the Arbitrator or Arbitral Tribunal as per the Arbitration Act.

2.7 "Additional Party" includes one or more additional parties and references to "party" or "parties" and may include Claimant, Respondent and/or an additional party.

2.8 "Case Manager" shall mean the individual appointed by the Jupitice Platform to provide administrative and secretarial services to the parties and the Arbitral Tribunal for a particular case.

2.9 "Claimant" means any party initiating online arbitration proceedings under these Rules and includes one or more Claimants.

2.10 "Claim" or "CounterClaim" includes any claim or claims by any party against any other party.

2.11 "Court" shall mean the meaning ascribed to the term under the Arbitration and Conciliation Act, 1996.

2.12 "Communication" means any communication (including a statement, declaration, demand, notice, response, submission, notification, request and any other action(s) relating to arbitration) made by means of information generated, sent, received or stored by electronic, magnetic, optical or similar means via Jupitice Justice Platform.

2.13 "Defense" includes any defense or defenses by any party to any claim or counterclaim submitted by any other party, including any defense for the purpose of a set-off or cross-claim.

2.14 "Dispute" means any civil & commercial dispute.

2.15 "Electronic Address" means an information system, or portion thereof, designated by the parties to the online dispute resolution process to exchange communications related to that process.

2.16 "Invitation to Arbitration" shall mean the invitation sent by one party to another party to participate in the arbitration proceedings under Jupitice Rules via the Jupitice Justice Platform.

2.17 "International Commercial Arbitration" means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is; I. An individual who is a national of, or habitually resident in any country other than India; or II. A body corporate, which is incorporated in any country other than India; or III. An association or a body of individuals or a partnership firm, whether incorporated or not, whose central management and control is exercised in any country other than India; or IV. The Government of a foreign country.

2.18 "Jupitice Administrator" shall mean a technology-based intermediary (entity) that owns, operates and manages Jupitice Justice Platform to appoints, administers, coordinates and facilitate Online Arbitration proceedings between disputing parties and Arbitrators/Neutral under these Rules. The Administrator may also include any Deputy Administrator.

2.19 "Jupitice Administrator" has no obligation to give reasons for any decision it makes in respect of any arbitration commenced under these Rules. Unless otherwise determined by the Jupitice Administrator, all decisions made by the Jupitice Administrator under these rules are final and, to the extent permitted by any applicable law, not subject to appeal.

2.20 "Jupitice Administrator" shall have the power to interpret all provisions of these Rules. The arbitral tribunal shall interpret the Rules insofar as they relate to its powers and duties hereunder. In the event of any inconsistency between such interpretation and any interpretation by Jupitice Administrator, the Arbitral Tribunal's interpretation shall prevail.

2.21 "Jupitice Administrator" may from time to time issue code of conduct, guidance notes etc. to supplement, regulate and implement these Rules for the purpose of facilitating the administration of arbitrations governed by these Rules.

2.22 "Jupitice Justice Platform" means a dedicated digital system for generating, sending, receiving, storing, exchanging or otherwise processing communications in a manner that ensures data security under these Rules, to handle Arbitration cases online and for the parties to conduct Arbitral activities.

2.23 "Jupitice Advisory Board" is an independent body available on the Jupitice Justice Platform which is comprised of qualified & experienced professionals from legal, financial and technical field that assists the Jupitice Administrator w.r.t. any matter that relates to Arbitral Tribunal which includes but not limited to decision on number of Arbitrators, appointment of Arbitrators, confirmations of Arbitrators, decision on the challenge of Arbitrators, replacement of Arbitrators, assistance in fixing the fees of Arbitrators, participation in the review mechanism on the costs & fees, advisory comments regarding deposits, approval of ADR professionals to be listed on the Panel maintained through Online Market Place.

2.24 "Language" includes one or more languages that the parties choose to conduct the Arbitration Proceedings.

2.25 "Online Arbitration Mechanism" means the conduct of End-to-End Online Arbitration Proceedings which are performed via Jupitice Justice Platform that includes but is not limited to from filing to conduct to award making.

2.26 "Panel" means the roster of Arbitrators maintained by Jupitice ADMINISTRATOR/Platform through its Global Online MarketPlace to ensure independence & impartiality of the Neutral.

2.27 "Respondent" means any party to whom notice is served under these Rules and includes one or more Respondents.

2.28 "Seat" of arbitration means the place of arbitration. Seat basically refers to the law that will be applicable to the Arbitration procedure.

2.29 "Signature" means an electronic signature.

2.30 "Tribunal Secretary" means any person approved by the parties, at the request of the Arbitral Tribunal, to render assistance to the Arbitral Tribunal.

2.31 "Witness" shall mean one who sees, knows or vouches for something or one who gives testimony, under oath or affirmation in person or by oral or written deposition, or by affidavit before the Arbitrator or Arbitral Tribunal.

2.32 These Rules include all Schedules attached thereto, as amended from time to time by the Jupitice Administrator, in force on the date the Notice of Arbitration is submitted.

2.33 English is the original language of these Rules. In the event of any discrepancy or inconsistency between the English version and the version in any other language, the English version shall prevail.

3.1 Any communication by any party done via the Jupitice Justice Platform, Jupitice Administrator or the Arbitral Tribunal (or any of its members) shall be in writing. Any written communication by the Arbitral Tribunal (or any of its members) to any party shall also be copied to the Administrator.

3.2 All communications in the course of Arbitration proceedings shall be communicated to Jupitice Administrator via the Jupitice Justice Platform by the parties or their Legal Representatives.

3.3 All the parties to dispute, Arbitral Tribunal and the Jupitice Justice Platform shall have a designated "Electronic Address".

3.4 For the purposes of the Jupitice Justice Rules, any notice, communication or proposal shall be through electronic communication. Electronic communication through Jupitice can be serviced through any one of the following means/ modes of electronic communication: (a) at the last known email address mentioned in the agreement between the parties or as mentioned in other communications stated by the party; and (b) by text message on the registered mobile phone number mentioned in the agreement between the parties or as mentioned in other communications stated by the party.

3.5 A communication shall be deemed to have been received when, following communication to the Jupitice Administrator in accordance with Article 3.1, Jupitice Administrator notifies the parties and Arbitral Tribunal of its availability, in accordance with Article 3.4.

3.6 Jupitice Administrator shall promptly notify a party and/ or the Arbitral Tribunal of the availability of any communication directed to that party and/ or the Arbitral Tribunal through the Jupitice Justice platform.

3.7 Jupitice Administrator shall promptly notify all parties and Arbitral Tribunal of the commencement and conclusion of Arbitration proceedings as the case may be.

4.1. Time limits under these Rules shall begin to run on the day following the day when any written communication is received or deemed to be received.

4.2. The time of receipt shall be construed in accordance with the time zone at the seat of the Arbitration. If no seat has been designated by the parties or determined by Jupitice Administrator or by the Arbitral Tribunal, the time of receipt shall be construed based on Indian Standard Time (IST).

4.3. A communication shall be deemed to have been received in accordance with Article 3.4 on the day it is delivered.

4.4. If the circumstances of the case so justify, the Administrator may amend the time limits provided for in these Rules, as well as any time limits that the Administrator has set, whether any such time limits have expired. The Administrator shall not amend any time limits agreed by the parties or set by the Arbitral Tribunal or Emergency Arbitrator unless the parties agree or the Arbitral Tribunal or Emergency Arbitrator directs otherwise.

5.1. The party or parties initiating recourse to arbitration (hereinafter called the "Claimant") shall communicate a notice of arbitration to the other party or parties (hereinafter called the "Respondent") via Jupitice Justice Platform.

5.2. Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the Respondent.

5.3. The notice of arbitration shall include the following: (a) A demand that the dispute be referred to arbitration; (b) The names and contact details of the parties; (c) Identification of the arbitration agreement that is invoked; (d) Identification of any contract or other legal instrument out of or in relation to which the dispute arises or, in the absence of such contract or instrument, a brief description of the relevant relationship; (e) A brief description of the claim and an indication of the amount involved, if any; (f) The relief or remedy sought; (g) A proposal as to the number of arbitrators, language and place of arbitration, if the parties have not previously agreed thereon.

5.4. The notice of arbitration may also include: (a) A proposal for the designation of an appointing authority; (b) A proposal for the appointment of a sole arbitrator; (c) Notification of the appointment of an arbitrator; (d) A brief description of the counterclaim or claim for the purpose of a set-off, if any, including where the counterclaim or set-off arises out of the same contract or relationship.

5.5. The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the sufficiency of the notice of arbitration, which shall be finally resolved by the arbitral tribunal.

6.1. The Claimant shall register the notice of arbitration with the Jupitice Administrator via the Jupitice Justice Platform.

6.2. The Jupitice Administrator shall, upon receipt of the notice of arbitration, register the case and notify the parties of the registration.

6.3. The Jupitice Administrator shall, upon registration, assign a case number to the arbitration and notify the parties of the case number.

6.4. The Jupitice Administrator shall, upon registration, appoint a Case Manager to assist the parties and the arbitral tribunal in the conduct of the arbitration.

7.1. Within 30 days of the receipt of the notice of arbitration, the Respondent shall communicate to the Claimant a response to the notice of arbitration, which shall include: (a) The name and contact details of each Respondent; (b) A response to the information set forth in the notice of arbitration, pursuant to article 5, paragraphs 3 (c) to (g); (c) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (d) A brief description of counterclaims or claims for the purpose of a set-off, if any, including where the counterclaims or set-off arise out of the same contract or relationship; (e) A comment on the proposal for the number of arbitrators, language and place of arbitration, if the parties have not previously agreed thereon; (f) A proposal for the designation of an appointing authority; (g) A proposal for the appointment of a sole arbitrator; (h) Notification of the appointment of an arbitrator.

7.2. The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the Respondent's failure to communicate a response to the notice of arbitration, or an incomplete or late response to the notice of arbitration, which shall be finally resolved by the arbitral tribunal.

8.1. Where the parties have agreed to submit their dispute to arbitration under these Rules but have not previously agreed on the number of arbitrators, the parties shall be deemed to have agreed on a sole arbitrator.

8.2. Where the parties have agreed to submit their dispute to arbitration under these Rules but have not previously agreed on the place of arbitration, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case.

8.3. Where the parties have agreed to submit their dispute to arbitration under these Rules but have not previously agreed on the language or languages to be used in the arbitral proceedings, the language or languages to be used shall be determined by the arbitral tribunal.

9.1. A party wishing to join an additional party to the arbitration shall submit a notice of arbitration against the additional party to the Jupitice Administrator.

9.2. The notice of arbitration against the additional party shall comply with the requirements of article 5, paragraphs 3 and 4.

9.3. The Jupitice Administrator shall, upon receipt of the notice of arbitration against the additional party, register the case and notify the parties of the registration.

9.4. The Jupitice Administrator shall, upon registration, assign a case number to the arbitration and notify the parties of the case number.

9.5. The Jupitice Administrator shall, upon registration, appoint a Case Manager to assist the parties and the arbitral tribunal in the conduct of the arbitration.

10.1. Where there are multiple parties, whether as Claimant or as Respondent, and where the dispute is to be determined by a three-member arbitral tribunal, the multiple Claimants, jointly, and the multiple Respondents, jointly, shall nominate an arbitrator for confirmation.

10.2. In the absence of a joint nomination and where all parties are unable to agree to a method for the constitution of the arbitral tribunal, the Jupitice Administrator may appoint each member of the arbitral tribunal and shall designate one of them to act as presiding arbitrator.

11.1. The parties may agree on the terms governing the arbitration proceedings, including the procedure for the appointment of the arbitral tribunal, the place of arbitration, the language or languages to be used in the arbitral proceedings, and the rules of law applicable to the substance of the dispute.

11.2. In the absence of such agreement, the arbitral tribunal shall determine the terms governing the arbitration proceedings.

12.1. The Jupitice Administrator may, at the request of a party, consolidate two or more arbitrations pending under these Rules into a single arbitration where: (a) The parties have agreed to such consolidation; or (b) All of the claims in the arbitrations are made under the same arbitration agreement; or (c) The claims in the arbitrations are made under more than one arbitration agreement, the arbitrations are between the same parties, the disputes in the arbitrations arise in connection with the same legal relationship, and the Jupitice Administrator finds the arbitration agreements to be compatible.

12.2. In deciding whether to consolidate, the Jupitice Administrator may take into account any circumstances it considers to be relevant, including whether one or more arbitrators have been confirmed or appointed in more than one of the arbitrations and, if so, whether the same or different persons have been confirmed or appointed.

13.1. Each party may be represented or assisted by persons chosen by it. The names and addresses of such persons must be communicated to all other parties, to the arbitral tribunal and to the Jupitice Administrator.

13.2. Such communication must specify whether the appointment is being made for purposes of representation or assistance. Where a person is to act as a representative of a party, the arbitral tribunal may, at any time, require proof of authority granted to the representative in such a form as the arbitral tribunal may determine.

14.1. Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration.

14.2. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence. The prospective arbitrator shall disclose in writing to the Jupitice Administrator any circumstances likely to give rise to justifiable doubts as to the arbitrator's impartiality or independence, or any inability to be available for the entire duration of the arbitration.

14.3. An arbitrator, once appointed or chosen, shall disclose without delay to the Jupitice Administrator and to the parties any circumstances referred to in article 14.2 that may arise during the course of the arbitration.

14.4. No party or anyone acting on its behalf shall have any ex parte communication relating to the case with any arbitrator, or with any candidate for appointment as party-nominated arbitrator, except to advise the candidate of the general nature of the controversy and of the anticipated proceedings and to discuss the candidate's qualifications, availability or independence in relation to the parties, or to discuss the suitability of candidates for selection as a presiding arbitrator where the parties or party-designated arbitrators are to participate in that selection.

15.1. If the parties have not previously agreed on the number of arbitrators, and if within 30 days after the receipt by the Respondent of the notice of arbitration the parties have not agreed that there shall be only one arbitrator, three arbitrators shall be appointed.

15.2. Notwithstanding article 15.1, if no other parties have responded to a party's proposal to appoint a sole arbitrator within the time limit provided for in article 15.1, and the party or parties concerned have failed to appoint a second arbitrator in accordance with article 17, the Jupitice Administrator may, at the request of a party, appoint a sole arbitrator pursuant to the procedure provided for in article 16, paragraph 3, if it determines this to be more appropriate.

16.1. The parties may agree on a different procedure for appointing the arbitral tribunal than that provided for in articles 17 to 20, subject to the requirements set out in article 14.

16.2. If the parties have not agreed on a different procedure for appointing the arbitral tribunal, the arbitral tribunal shall be appointed in accordance with articles 17 to 20.

16.3. If the parties have agreed on a different procedure for appointing the arbitral tribunal, but the appointment cannot be made in accordance with that procedure, the Jupitice Administrator may, at the request of any party, appoint the arbitral tribunal in accordance with articles 17 to 20.

17.1. If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the arbitral tribunal.

17.2. If within 30 days after the receipt of a party's notification of the appointment of an arbitrator the other party has not notified the first party of the arbitrator it has appointed, the first party may request the Jupitice Administrator to appoint the second arbitrator.

17.3. If within 30 days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the Jupitice Administrator in the same way as a sole arbitrator would be appointed under article 16.

18.1. If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the arbitral tribunal.

18.2. If within 30 days after the receipt of a party's notification of the appointment of an arbitrator the other party has not notified the first party of the arbitrator it has appointed, the first party may request the Jupitice Administrator to appoint the second arbitrator.

18.3. If within 30 days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the Jupitice Administrator in the same way as a sole arbitrator would be appointed under article 16.

19.1. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence.

19.2. A party may challenge the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made.

19.3. In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility of performing the arbitrator's functions, the procedure in respect of the challenge of an arbitrator as provided in article 20 shall apply.

20.1. A party that intends to challenge an arbitrator shall send notice of its challenge within 15 days after it has been notified of the appointment of the challenged arbitrator, or within 15 days after the circumstances mentioned in articles 19.1 and 19.2 became known to that party.

20.2. The notice of challenge shall be communicated to the Jupitice Administrator, to all other parties, to the arbitrator who is challenged and to the other arbitrators. The notice of challenge shall state the reasons for the challenge.

20.3. When an arbitrator has been challenged by one party, the other party may agree to the challenge. The arbitrator may also, after the challenge, withdraw from office. In neither case does this imply acceptance of the validity of the grounds for the challenge.

20.4. If, within 15 days from the date of the notice of challenge, all other parties agree to the challenge or the challenged arbitrator withdraws from office, the Jupitice Administrator shall decide on the challenge.

20.5. If all other parties do not agree to the challenge and the challenged arbitrator does not withdraw from office, the Jupitice Administrator shall decide on the challenge.

21.1. Subject to paragraph 2, in any event where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in articles 16 to 20 that was applicable to the appointment or choice of the arbitrator being replaced. This procedure shall apply even if during the process of appointing the arbitrator to be replaced, a party had failed to exercise its right to appoint or to participate in the appointment.

21.2. If, at the request of a party, the Jupitice Administrator determines that, in view of the exceptional circumstances of the case, it would be justified for a party to be deprived of its right to appoint a substitute arbitrator, the Jupitice Administrator may, after giving an opportunity to the parties and the remaining arbitrators to express their views: (a) appoint the substitute arbitrator; or (b) after the closure of the hearings, authorize the other arbitrators to proceed with the arbitration and make any decision or award.

22.1. If an arbitrator is replaced, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the arbitral tribunal decides otherwise.

22.2. If the arbitral tribunal decides to repeat any hearings, the arbitral tribunal shall decide whether and to what extent such repetition is necessary.

23.1. Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, the Jupitice Administrator and any person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration.

24.1. Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is given a reasonable opportunity of presenting its case. The arbitral tribunal, in exercising its discretion, shall conduct the proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the parties' dispute.

24.2. As soon as practicable after its constitution and after inviting the parties to express their views, the arbitral tribunal shall establish the provisional timetable of the arbitration. The arbitral tribunal may, at any time, after inviting the parties to express their views, extend or abridge any period of time prescribed under these Rules or agreed by the parties.

24.3. If either party so requests at any stage of the proceedings, the arbitral tribunal shall hold hearings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument. In the absence of such a request, the arbitral tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials.

24.4. All communications to the arbitral tribunal by one party shall be communicated by that party to all other parties. Such communications shall be made at the same time, except as otherwise permitted by the arbitral tribunal if it may do so under applicable law.

24.5. The arbitral tribunal may, at the request of any party, allow one or more third persons to be joined in the arbitration as a party provided such person is a party to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties. The arbitral tribunal may make a single award or several awards in respect of all parties so involved in the arbitration.

25.1. If the parties have not previously agreed on the place of arbitration, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case. The award shall be deemed to have been made at the place of arbitration.

25.2. The arbitral tribunal may meet at any location it considers appropriate for deliberations. Unless otherwise agreed by the parties, the arbitral tribunal may also meet at any location it considers appropriate for any other purpose, including hearings.

26.1. The parties may agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.

26.2. The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

27.1. Unless the statement of claim was contained in the notice of arbitration, within a period of time to be determined by the arbitral tribunal, the claimant shall communicate its statement of claim in writing to the respondent and to each of the arbitrators. A copy of the contract, and of the arbitration agreement if not contained in the contract, shall be annexed thereto.

27.2. The statement of claim shall include the following particulars: (a) The names and addresses of the parties; (b) A statement of the facts supporting the claim; (c) The points at issue; (d) The relief or remedy sought.

27.3. The claimant may annex to its statement of claim all documents it deems relevant or may add a reference to the documents or other evidence it will submit.

28.1. Within a period of time to be determined by the arbitral tribunal, the respondent shall communicate its statement of defence in writing to the claimant and to each of the arbitrators.

28.2. The statement of defence shall reply to the particulars (b) to (d) of the statement of claim (article 27, paragraph 2). The respondent may annex to its statement the documents on which it relies for its defence or may add a reference to the documents or other evidence it will submit.

28.3. In its statement of defence, or at a later stage in the arbitral proceedings if the arbitral tribunal decides that the delay was justified under the circumstances, the respondent may make a counter-claim arising out of the same contract or rely on a claim arising out of the same contract for the purpose of a set-off.

28.4. The provisions of article 27, paragraph 2, shall apply to a counter-claim and a claim relied on for the purpose of a set-off.

29.1. During the course of the arbitral proceedings either party may amend or supplement its claim or defence unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it or prejudice to the other party or any other circumstances. However, a claim may not be amended in such a manner that the amended claim falls outside the scope of the arbitration clause or separate arbitration agreement.

29.2. The arbitral tribunal may, at any time during the arbitral proceedings, allow the parties to amend or supplement their claims or defences, subject to such conditions as the arbitral tribunal may impose.

30.1. The arbitral tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.

30.2. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than in the statement of defence or, with respect to a counter-claim, in the reply to the counter-claim.

30.3. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.

30.4. The arbitral tribunal may rule on a plea referred to in paragraph 2 either as a preliminary question or in an award on the merits. The arbitral tribunal may continue the arbitral proceedings and make an award, notwithstanding any pending challenge to its jurisdiction before a court.

31.1. The arbitral tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defence, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements.

31.2. The periods of time fixed by the arbitral tribunal for the communication of written statements (including the statement of claim and statement of defence) should not exceed 45 days. However, the arbitral tribunal may extend the time limits if it concludes that an extension is justified.

31.3. If the claimant fails to communicate its statement of claim in accordance with article 27, the arbitral tribunal shall terminate the proceedings.

31.4. If the respondent fails to communicate its statement of defence in accordance with article 28, the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant's allegations.

31.5. If any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.

32.1. The periods of time fixed by the arbitral tribunal for the communication of written statements (including the statement of claim and statement of defence) should not exceed 45 days. However, the arbitral tribunal may extend the time limits if it concludes that an extension is justified.

32.2. The arbitral tribunal may, at any time during the arbitral proceedings, allow the parties to amend or supplement their claims or defences, subject to such conditions as the arbitral tribunal may impose.

33.1. The arbitral tribunal may, at the request of a party, grant interim measures.

33.2. An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to: (a) Maintain or restore the status quo pending determination of the dispute; (b) Take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself; (c) Provide a means of preserving assets out of which a subsequent award may be satisfied; or (d) Preserve evidence that may be relevant and material to the resolution of the dispute.

33.3. The party requesting an interim measure under paragraphs 2 (a) to (c) shall satisfy the arbitral tribunal that: (a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and (b) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.

33.4. With regard to a request for an interim measure under paragraph 2 (d), the requirements in paragraphs 3 (a) and (b) shall apply only to the extent the arbitral tribunal considers appropriate.

33.5. The arbitral tribunal may modify, suspend or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.

33.6. The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.

33.7. The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the measure was requested or granted.

33.8. The party requesting an interim measure may be liable for any costs and damages caused by the measure to any party if the arbitral tribunal later determines that, in the circumstances then prevailing, the measure should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings.

33.9. A request for interim measures addressed by any party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.

34.1. Each party shall have the burden of proving the facts relied on to support its claim or defence.

34.2. The arbitral tribunal may, if it considers it appropriate, require a party to deliver to the tribunal and to the other party, within such a period of time as the arbitral tribunal shall decide, a summary of the documents and other evidence which that party intends to present in support of the facts in issue set out in its statement of claim or statement of defence.

34.3. At any time during the arbitral proceedings the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a period of time as the tribunal shall determine.

35.1. In the event of an oral hearing, the arbitral tribunal shall give the parties adequate advance notice of the date, time and place thereof.

35.2. If witnesses are to be heard, at least 15 days before the hearing each party shall communicate to the arbitral tribunal and to the other party the names and addresses of the witnesses it intends to present and the subject upon and the languages in which such witnesses will give their testimony.

35.3. The arbitral tribunal shall make arrangements for the translation of oral statements made at a hearing and for a record of the hearing if either is deemed necessary by the tribunal under the circumstances of the case, or if the parties have agreed thereto and have communicated such agreement to the tribunal at least 15 days before the hearing.

35.4. Hearings shall be held in camera unless the parties agree otherwise. The arbitral tribunal may require the retirement of any witness or witnesses during the testimony of other witnesses. The arbitral tribunal is free to determine the manner in which witnesses are examined.

35.5. Evidence of witnesses may also be presented in the form of written statements signed by them.

35.6. The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered.

36.1. After consultation with the parties, the arbitral tribunal may appoint one or more independent experts to report to it, in writing, on specific issues to be determined by the arbitral tribunal. A copy of the expert's terms of reference, established by the arbitral tribunal, shall be communicated to the parties.

36.2. The parties shall give the expert any relevant information or produce for his or her inspection any relevant documents or goods that he or she may require of them. Any dispute between a party and such expert as to the relevance of the required information or production shall be referred to the arbitral tribunal for decision.

36.3. Upon receipt of the expert's report, the arbitral tribunal shall communicate a copy of the report to the parties who shall be given the opportunity to express, in writing, their opinion on the report. A party shall be entitled to examine any document on which the expert has relied in his or her report.

36.4. At the request of either party the expert, after delivery of the report, may be heard at a hearing where the parties shall have the opportunity to be present and to interrogate the expert. At this hearing either party may present expert witnesses in order to testify on the points at issue. The provisions of article 35 shall be applicable to such proceedings.

37.1. If, within the period of time fixed by the arbitral tribunal, the claimant has failed to communicate its claim without showing sufficient cause for such failure, the arbitral tribunal shall issue an order for the termination of the arbitral proceedings. If, within the period of time fixed by the arbitral tribunal, the respondent has failed to communicate its statement of defence without showing sufficient cause for such failure, the arbitral tribunal shall order that the proceedings continue.

37.2. If one of the parties, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.

37.3. If one of the parties, duly invited to produce documentary evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it.

38.1. The arbitral tribunal may inquire of the parties if they have any further proof to offer or witnesses to be heard or submissions to make and, if there are none, it may declare the hearings closed.

38.2. The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own initiative or upon application of a party, to reopen the hearings at any time before the award is made.

39.1. A party who knows that any provision of, or requirement under, these Rules has not been complied with and yet proceeds with the arbitration without promptly stating its objection to such non-compliance, shall be deemed to have waived its right to object.