EXPEDITED RULES OF ARBITRATION OF THE INTERNATIONAL CENTER FOR ARBITRATION AND MEDIATION (“ICAM”) OF THE NATIONAL CHAMBER OF COMMERCE, SERVICES AND TOURISM OF TIJUANA, BAJA CALIFORNIA

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SECTION I. GENERAL PROVISIONS

Article 1

Scope of application

1. Disputes shall be settled in accordance with this Rules, subject to the modifications that the parties may adopt, when they have agreed that disputes relating to a contractual or non-contractual relationship:

  1. Are submitted to Express arbitration at ICAM, or use expressions showing their intention to submit the dispute to express arbitration before this institution; or
  2. Submit themselves to arbitration before this institution expressly or by using expressions that show their intention and the amount is less than $700,000 pesos.
  3. When the nature of the dispute itself requires immediate resolution.

2. In the case of difference on the amount in dispute, the General Secretariat will determine whether the Rules for Express Arbitration or the Arbitration Rules of ICAM are applicable.

Article 2

General Secretariat Powers

1. The General Secretariat shall have the powers that the Rules for Arbitration and By-laws of ICAM confer.

2. When the General Secretariat deems necessary it may consult with ICAM.

Article 3

Referral to Arbitration Rules

All that is not provided for within these Expedited Rules of Arbitration, shall be governed by Rules of Arbitration.

Article 4

Notice of Arbitration

The notice of arbitration shall be conducted in the manner published by ICAM for such purposes, which will contain the following:

  1. The request to submit the dispute to arbitration;
  2. The name and address of the parties;
  3. A reference to the arbitration clause or agreement that is invoked;
  4. A description of the contractual or any other relationship to which the controversy is related;
  5. The relief or remedy sought;
  6. The amount involved;
  7. The proposal for the appointment of a sole arbitrator;
  8. The statement of claim referred to in Article 10.

Article 5

Representation and assistance

The parties may represent themselves or be represented by an attorney or any other person of their trust.

SECTION II.

COMPOSITION OF THE ARBITRAL TRIBUNAL

Article 6

Sole Arbitrator

The arbitral tribunal shall be comprised by a sole arbitrator.

Article 7

Appointment of the sole arbitrator

1. Unless otherwise agreed by the parties, the sole arbitrator shall be appointed by the General Secretariat.

2. The General Secretariat shall appoint the sole arbitrator as soon as possible. In making the appointment the General Secretariat shall proceed according to the system established hereunder, unless both parties agree that the list system is not used or that the General Secretariat by itself discretionally decides that the use of the list procedure is not appropriate for the case:

  1. The General Secretariat shall submit to both parties an identical list of three names and shall include their résumé.
  2. Within the five days following the receipt of said list, each party may return it to the General Secretariat after having deleted the name or names that they object to, listing the remaining names of the list in the order of their preference;
  3. After said period, the General Secretariat shall appoint the sole arbitrator from the names approved on the lists returned in accordance with the order of preference indicated by the parties;
  4. The General Secretariat may, at its discretion, use any other procedure for appointing the sole arbitrator.

Article 8

Any of the parties may initiate the challenge of an arbitrator within the next three days of notification of the appointment of such arbitrator or within the period of three days of becoming aware of the circumstances described in Article 12 of the Rules of Arbitration.

SECTION III. ARBITRATION PROCEDURE

Article 9

Ruling on documents

Unless otherwise agreed by the parties, or if the arbitrator determines otherwise taking into account the particular circumstances of the case after hearing the parties, the procedure shall be conducted based on the documents provided.

Article 10

Statement of Claim

1. The statement of claim must be accompanied by:

  1. A copy of the contract or, if any, the document that originated the non-contractual relationship and the arbitration agreement if it is not contained in the contract.
  2. Evidence that supports the case, which can only be documents. Witness statements and expert reports will be received only if presented in writing.

2. The statement of claim must contain the following:

  1. The name and address of the parties;
  2. A statement of the facts supporting the claim;
  3. The relief or remedy sought.

Article 11

Statement of Defense and Counterclaim

1. Within a period of ten calendar days, the Respondent shall communicate in writing its statement of defense and if applicable the counterclaim to the General Secretariat and the Claimant, to which the Claimant must reply within a period of ten days.

2. The statement of defense and counterclaim if any, shall comply with the same requirements for the statement of claim described in Article 10.

Article 12

Hearing

1. Upon receipt of the documents referred to above, the arbitrator shall determine whether the parties may submit additional written submissions and shall call a hearing, fixing the date, time and place for it.

2. The hearing shall be held within the shortest time possible considering the circumstances of the case.

3. At the hearing, the arbitrator will hear the parties. No evidence other than documents shall be received, except that after hearing the parties and in special circumstances the arbitrator considers their admission to be justified. However, the parties may submit written testimony and expert opinions.

4. The parties may agree that the hearing not take place and that the arbitrator rules with the briefs and documents submitted by the parties.

5. When appropriate, the arbitrator may invite the parties to waive the hearing.

SECTION IV. AWARD

Article 13

Award

1. The arbitrator shall render the award in writing and shall deliver it to the General Secretariat for its notification.

2. Unless otherwise agreed, the award will not be reasoned.

3. The award will distinguish the main resolution, from the interest and costs.

Annex to the Expedited Rules of Arbitration

Model arbitration clause for contracts:

Any dispute, controversy or claim arising out of this agreement or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration by a sole arbitrator under CIAM’s Expedited Rules of Arbitration of the National Chamber of Commerce, Services and Tourism for Tijuana, Baja California.

Note. The parties should consider adding:

a) The place of arbitration shall be ... (city and country);

b) The language to be used in the arbitral proceedings shall be ....

c) The applicable law shall be ... ..

Sole Transitory. The provisions of these Rules shall enter into force the day following its adoption by the Assembly of the National