Section I. Introductory rules
Scope of application
1. Where parties have agreed that disputes between them in respect of a defined legal relationship, whether contractual or not, shall be referred to arbitration under the Arbitration Rules for the International Center for Arbitration and Mediation Center (“ICAM”) of the National Chamber of Commerce, Services and Tourism for Tijuana, Baja California, or equivalent expressions such as “ICAM Tijuana”, then such disputes shall be settled in accordance with these Rules subject to such modification as the parties may agree.
2. It shall be presumed that the parties at an arbitration agreement have submitted to these Rules when they have designated ICAM to administer the arbitration, unless the parties have designated other rules.
3. These Rules shall govern the arbitration except that when any of these Rules are conflict with a provision of the applicable arbitration law that the parties cannot repeal from, in that case that provision shall prevail.
Notice and calculation of periods of time
1. A notice, including a notification, communication or proposal, may be transmitted by any means of communication that provides or allows a record of its transmission.
2. If an address has been designated by a party specifically for this purpose or authorized by the arbitral tribunal, any notice shall be delivered to that party at that address, and if done accordingly it shall be deemed duly received. Delivery by electronic means such as facsimile or e-mail may only be made to an address so designated or authorized.
3. In the absence of such designation or authorization, a notice is:
a) Received if it is physically delivered to the addressee; or
b) Deemed to have been received if it is delivered at the place of business, habitual residence or mailing address of the addressee.
4. If, after reasonable efforts, delivery cannot be completed in accordance with paragraphs 2 or 3, a notice is deemed received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means that provides a record of delivery or of attempted delivery.
5. A notice shall be deemed received on the day it is delivered in accordance with paragraphs 2, 3 or 4, or attempted to be delivered in accordance with paragraph 4. A notice transmitted by electronic means is deemed received on the day it is sent, except in the case of the notice of arbitration in which it shall be deemed received on the day when it reaches the addressee’s electronic address.
6. For the purpose of calculating a period of time under these Rules, such period shall begin to run at the following day of when a notice is received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the next business day that follows. Official holidays or non- business days occurring during the running of the period of time are included in calculating the period.
Notice of arbitration
1. The party or parties recurring to arbitration (hereinafter called the “claimant”) shall communicate it to the ICAM who shall proceed to communicate it to the other party or parties (hereinafter called the “respondent”) a notice of arbitration.
2. Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the respondent.
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) Specification of the arbitration agreement that is invoked;
d) Specification of any contract or other legal instrument in regards to the dispute 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.
4. The notice of arbitration may also include:
a) A proposal for the appointment of a sole arbitrator;
b) Notification of the appointment of an arbitrator referred to in article 9 or 10.
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.
Response to the notice of arbitration
1. Within 30 days of the receipt of the notice of arbitration, the respondent shall communicate to ICAM and the claimant a response to the notice of arbitration, that 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 3, paragraphs 3 c) to g).
2. The response to the notice of arbitration may also include:
a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction;
b) A proposal for the appointment of a sole arbitrator;
c) Notification of the appointment of an arbitrator referred to in article 9 or 10;
d) A brief description of counterclaims or claims for the purpose of a set-off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought;
e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.
3. 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.
Representation and assistance
Each party may be represented or assisted by persons if its choice. The names and addresses of such persons must be communicated to all parties and to the arbitral tribunal. 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, on its own initiative or at the request of any party, may at any time require proof of authority granted to the representative in such a form as the arbitral tribunal may determine.
Decision not to Continue with the Arbitration Procedure
ICAM may, prior consultation, opt not to continue with a procedure when it is clear that it lacks jurisdiction over the dispute.
Section II. Composition of the arbitral tribunal
Number of arbitrators
If the parties have not previously agreed on the number of arbitrators, that can be one or three, and if within fifteen days after the receipt by the respondent of the notice of arbitration the parties have not agreed on the number of arbitrators, ICAM shall determine the number of arbitrators.
Appointment of arbitrators (articles 8 to 10)
1. If the parties have agreed that a sole arbitrator is to be appointed and if within 30 days after receipt by all other parties of a proposal for the appointment of a sole arbitrator the parties have not reached agreement thereon, a sole arbitrator shall, at the request of a party, be appointed by ICAM.
2. ICAM shall appoint the sole arbitrator as promptly as possible. In making the appointment, ICAM shall use the following list-procedure, unless the parties agree that the list-procedure should not be used or unless the ICAM in its discretion that the use of the list-procedure is not appropriate for the case:
a) The ICAM shall communicate to each of the parties an identical list containing at least three names and their résumés;
b) Within 15 days after the receipt of this list, each party may return the list to ICAM after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference;
c) After the expiration of the above period of time ICAM shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties;
d) If for any reason the appointment cannot be made according to this procedure, ICAM may appointing the sole arbitrator at its discretion.
1. If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two arbitrators appointed shall choose the third arbitrator who will act as the presiding arbitrator of the arbitral tribunal.
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 ICAM to appoint the second arbitrator.
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 ICAM at its sole discretion.
1. For the purposes of article 9, paragraph 1, where three arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties have agreed to another method of appointment of arbitrators, the multiple parties jointly, whether as claimant or as respondent, shall appoint an arbitrator.
2. If the parties have agreed that the arbitral tribunal is to be composed of a number of arbitrators other than one or three, the arbitrators shall be appointed according to the method agreed upon by the parties.
3. In the event of any failure to constitute the arbitral tribunal under these Rules, ICAM, at the request of any party, constitute the arbitral tribunal and, in doing so, it may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrator.
Disclosures of independence and impartiality and challenge of arbitrators (articles 11 to 13)
When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence as well as to inform his or her availability of time to attend the matter entrusted according to the format that ICAM establishes for such purpose. An arbitrator, from the time of his or her appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties and the other arbitrators unless they have already been informed by him or her of these circumstances.
1. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence.
2. A party cannot challenge the arbitrator appointed by it unless for reasons known after the designation took place.
3. In the event that an arbitrator fails to act or in the event of material or legal impossibility of his or her performing his or her functions, the procedure for arbitrator challenge provided in article 13 shall apply.
4. When the arbitration takes place within the Mexican Republic the parties by submitting to these rules waive the judicial remedy established by the current paragraph three of article 1429 of the Mexican Commerce Code
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 11 and 12 became of knowledge to that party.
2. The notice of challenge shall be communicated 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.
3. When an arbitrator has been challenged by a party, all parties may agree to the challenge. The arbitrator may also, after the challenge, withdraw from his or her office. In neither case does this imply acceptance of the validity of the grounds for the challenge.
4. If, within 15 days from the date of the notice of challenge, the parties do not agree to the challenge or the challenged arbitrator does not withdraw from him or her position, the party making the challenge may elect to pursue it. In that case, within 30 days from the date of the notice of challenge, it shall seek a decision by ICAM on the challenge.
Replacement of an arbitrator
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 8 to 11 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.
2. If, at the request of a party, the ICAM 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 ICAM 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 necessary.
Repetition of hearings in the event of the replacement of an arbitrator
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.
Exclusion of liability
Excluding intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, ICAM, the National Chamber of Commerce, Services and Tourism for Tijuana, Baja California and any person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration.
Section III. Arbitral proceedings
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 all stages of the proceeding each party is given a reasonable opportunity of presenting its case. The arbitral tribunal, in exercise of 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.
2. After its constitution and whenever it is ready to do so 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 summarize any period of time prescribed under these Rules or agreed by the parties.
3. If at an appropriate stage of the proceedings any party so requests it, 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 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.
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.
5. The arbitral tribunal may, at the request of any party, allow one or more third persons to join the arbitration provided that 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.
Place of arbitration
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. In the case that the arbitration proceeding is held at ICAM or any other place, the parties shall pay in equal values the costs related to the lease of the space for the hearings. The award shall be deemed made at the place of arbitration.
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.
1. Subject to an agreement by the parties, the arbitral tribunal shall, promptly after its appointment, determine the language or languages to be used in the proceedings. This determination shall apply to the statement of claim, the statement of defense, and any further written statements and, if oral hearings take place, to the language or languages to be used in such hearings.
2. The arbitral tribunal may order that any documents annexed to the statement of claim or statement of defense, and any supplementary documents or exhibits submitted in the course of the proceedings, delivered in their original language, shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
Statement of claim
1. The claimant shall communicate its statement of claim in writing to ICAM, the respondent and to each of the arbitrators within a period of time to be determined by the arbitral tribunal. The claimant may elect to treat its notice of arbitration referred to in article 3 as a statement of claim, provided that the notice of arbitration also complies with the requirements of paragraphs 2 to 4 of this article.
2. The statement of claim shall include the following particulars:
a) The names and contact details of the parties;
b) A statement of the facts supporting the claim;
c) The points that constitute the dispute;
d) The relief or remedy sought;
e) The legal grounds or arguments supporting the claim.
3. A copy of any contract or other legal instrument out of or in relation to the dispute and a copy of the arbitration agreement shall be annexed to the statement of claim.
4. The statement of claim should, as far as possible, be accompanied by all documents and other evidence relied upon by the claimant, or contain references to them.
Statement of defense
1. The respondent shall communicate its statement of defense in writing to the claimant and to each of the arbitrators within a period of time to be determined by the arbitral tribunal. The respondent may elect to treat its response to the notice of arbitration referred to in article 4 as a statement of defense, provided that the response to the notice of arbitration also complies with the requirements of paragraph 2 of this article.
2. The statement of defense shall reply to the particulars b) to e) of the statement of claim (art. 20, paragraph 2). The statement of defense should, as far as possible, be accompanied by all documents and other evidence relied upon by the respondent, or contain references to them.
3. In its statement of defense, 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 file a counterclaim or rely on a claim for the purpose of a set-off provided that the arbitral tribunal has jurisdiction over it.
4. The provisions of article 20, paragraphs 2 to 4, shall apply to a counterclaim; a claim under article 4, paragraph 2 (f), and a claim relied on for the purpose of a set-off.
Amendments to the claim or defense
During the course of the arbitral proceedings, a party may amend or complement its claim or defense, including a counterclaim or a claim for the purpose of a set-off, unless the arbitral tribunal considers it inappropriate to allow such amendment or supplement having regard to the delay in making it, the prejudice to other parties or any other circumstances. However, a claim or defense, including a counterclaim or a claim for the purpose of a set-off, may not be amended or supplemented in such a manner that the amended or supplemented claim or defense falls outside the jurisdiction of the arbitral tribunal.
Pleas as to the jurisdiction of the arbitral tribunal
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 that forms part of a contract shall be treated as an independent agreement from the other terms of the contract. A decision by the arbitral tribunal that the contract is null shall not entail automatically the invalidity of the arbitration clause.
2. A plea that the arbitral tribunal does not have jurisdiction shall be raised no later than in the statement of defense or, with respect to a counterclaim or a claim for the purpose of a set-off, in the reply to the counterclaim or to the claim for the purpose of a set-off. A party is not precluded from raising such a plea by the fact that it has appointed, or participated in the appointment of an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.
3. The arbitral tribunal may rule on a plea referred to in paragraph 2 either as a preliminary matter or in an award on the dispute. The arbitral tribunal may continue the arbitral proceedings and make an award, notwithstanding any pending challenge to its jurisdiction before a court.
Further written statements
The arbitral tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defense, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements.
Periods of time
The periods of time fixed by the arbitral tribunal for the communication of written statements (including the statement of claim and statement of defense) should not exceed 45 days. However, the arbitral tribunal may extend the time limits if it concludes that an extension is justified.
1. The arbitral tribunal may, at the request of a party, grant interim measures.
2. An interim measure is any temporary measure by which, at any time prior to the issuance of the award through which the dispute is finally resolved, the arbitral tribunal orders a party, for example and without limitation, 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, i) current or imminent harm or ii) 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 pertinent to the resolution of the dispute.
3. The party requesting an interim measure under paragraphs 2 sections a) to c) shall convince 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.
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 that the arbitral tribunal considers appropriate.
5. The arbitral tribunal may modify, suspend or terminate an interim measure it has granted, upon request of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal’s own initiative.
6. The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.
7. The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the interim measure was requested or granted.
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.
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.
1. Each party shall have the burden of proving the facts relied on to support its claim or defense.
2. Witnesses, including expert witnesses, who are presented by the parties to testify to the arbitral tribunal on any issue of fact or expertise may be any individual, notwithstanding that the individual is a party to the arbitration or in any way related to a party. Unless otherwise directed by the arbitral tribunal, statements by witnesses, including expert witnesses, may be presented in writing and signed by them.
3. At any time during the arbitral proceedings the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such period of time as the arbitral tribunal shall determine.
4. The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered.
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.
2. Witnesses, including expert witnesses, may be heard under the conditions and examined in the manner set by the arbitral tribunal.
3. Hearings shall be private unless the parties agree otherwise. The arbitral tribunal may request any witness or witnesses, including expert witnesses, to excuse themselves during the testimony of such other witnesses, except that in principle, a witness, including an expert witness, who is a party to the arbitration, shall not be asked to excuse itself.
4. The arbitral tribunal may direct that witnesses, including expert witnesses, be examined through means of telecommunication that do not require their physical presence at the hearing (such as videoconference).
Experts appointed by the arbitral tribunal
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.
2. The expert shall, in principle, prior to accepting the appointment, submit to the arbitral tribunal and to the parties a description of his or her qualifications and a statement of his or her impartiality and independence. Within the time ordered by the arbitral tribunal, the parties shall inform the arbitral tribunal whether they have any objections as to the expert’s qualifications, impartiality or independence. The arbitral tribunal shall decide promptly whether to accept any such objections. After an expert’s appointment, a party may object to the expert’s qualifications, impartiality or independence only if the objection is for reasons of which the party becomes aware after the appointment has been made. The arbitral tribunal shall decide promptly what, if any, action to take.
3. 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.
4. Upon receipt of the expert’s report, the arbitral tribunal shall communicate a copy of the report to the parties, which 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.
5. At the request of any 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, any party may present expert witnesses in order to testify on the points at issue.
The provisions of article 28 shall be applicable to such proceedings.
1. If, within the period of time fixed by these Rules or the arbitral tribunal, without showing sufficient cause:
a) The claimant has failed to communicate its statement of claim, the arbitral tribunal shall issue an order for the termination of the arbitral proceedings, unless there are remaining matters that may need to be decided and the arbitral tribunal considers it appropriate to do so;
b) The respondent has failed to communicate its response to the notice of arbitration or its statement of defense, the arbitral tribunal shall order that the proceedings continue, without treating such failure in itself as an admission of the claimant’s allegations; the provisions of this section also apply to a claimant’s failure to submit a defense to a counterclaim or to a claim for the purpose of a set-off.
2. If a party, 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.
3. If a party, duly required by the arbitral tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may prepare the award on the evidence available.
Closure of hearings
1. The arbitral tribunal may inquire from the parties if they have any further proofs to offer or witnesses to be heard or submissions to be made and, if there are none, it may declare the hearings closed.
2. The arbitral tribunal may, if it considers it necessary based on 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.
Waiver of right to object
A failure by any party to object promptly to any non-compliance with these Rules or with any requirement of the arbitration agreement shall be deemed to be a waiver of the right of such party to make such an objection, unless such party can show that, under the circumstances, its failure to object was justified.
Section IV. The award
1. When there is more than one arbitrator, any award or other decision of the arbitral tribunal shall be made by a majority of the arbitrators.
2. In regards to matters of procedure, when there is no majority or when the arbitral tribunal so authorizes, the presiding arbitrator may decide alone, subject to revision, if any, by the arbitral tribunal.
Form and effect of the award
1. The arbitral tribunal may prepare separate awards on different issues at different times.
2. All awards shall be made in writing and shall be final and binding on the parties. The parties shall carry out all awards without delay.
3. The arbitral tribunal shall state the reasons upon which the award is based, unless the parties have agreed that no reasons are to be given.
4. An award shall be signed by the arbitrators and it shall contain the date on which the award was made and indicate the place of arbitration. Where there is more than one arbitrator and any of them fails to sign, the award shall state the reason for the absence of such signature.
5. An award may be made public with the consent of all parties or when a party has the legal obligation to disclose it in order to protect or exercise a right and to the extent necessary or in regards to legal proceedings before a court or other competent authority.
6. Copies of the award signed by the arbitrators shall be communicated to the parties by the arbitral tribunal.
7. Prior to the final signature of the award in regards to the matter at hand, the arbitral tribunal shall submit a draft of its award ICAM who may order amendments as to form, respecting the freedom of decision made by the arbitral tribunal, and call their attention with regards to issues regarding the merits of the case. No final award may be signed, unless otherwise authorized by the parties, if it has not been duly approved by ICAM.
Applicable law, amiable compositor
1. The arbitral tribunal shall apply the rules of law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the arbitral tribunal shall apply the law that it determines to be appropriate.
2. The arbitral tribunal shall decide as amiable compositor (ex aequo et bono) only if the parties have expressly authorized the arbitral tribunal to do so.
3. In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract, if any, and shall take into account any usage of trade applicable to the transaction.
Settlement or other grounds for termination of the procedure
1. If, before the award is made, the parties agree on a settlement of the dispute, the arbitral tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by the parties and accepted by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. The arbitral tribunal is not obliged to give reasons for such an award.
2. If, before the award is made, the continuation of the arbitral proceedings becomes unnecessary or impossible for any reason not mentioned in paragraph 1, the arbitral tribunal shall inform the parties of its intention to issue an order for the termination of the proceedings. The arbitral tribunal shall have the power to issue such an order unless there are remaining matters that may need to be decided and the arbitral tribunal considers it appropriate to do so.
3. Copies of the order for termination of the arbitral proceedings or of the arbitral award on agreed terms, signed by the arbitrators, shall be communicated by the arbitral tribunal to the parties. Where an arbitral award on agreed terms is made, the provisions of article 34, paragraphs 2, 4 and 5, shall apply.
Interpretation of the award
1. Within 30 days after the receipt of the award, a party, with notice to the other parties, may request that the arbitral tribunal give an interpretation of the award.
2. The interpretation shall be given in writing within 45 days after the receipt of the request. The interpretation shall form part of the award and the provisions of article 34, paragraphs 2 to 6, shall apply.
Correction of the award
1. Within 30 days after the receipt of the award, a party, with notice to the other parties, may request the arbitral tribunal to correct in the award any error in computation, any clerical or typographical error, or any error or omission of a similar nature. If the arbitral tribunal considers that the request is justified, it shall make the amendment within 45 days of receipt of the request.
2. The arbitral tribunal may within 30 days after the communication of the award make such corrections on its own initiative.
3. Such amendments shall be in writing and shall form part of the award. The provisions of article 34, paragraphs 2 to 6, shall apply.
1. Within 30 days after the receipt of the termination order or the award, a party, with notice to the other parties, may request the arbitral tribunal to make an award or an additional award as to claims presented in the arbitral proceedings but not decided by the arbitral tribunal.
2. If the arbitral tribunal considers the request for an award or additional award to be justified, it shall render or complete its award within 60 days after the receipt of the request. The arbitral tribunal may extend, if necessary, the period of time within which it shall make the award.
3. When such an award or additional award is made, the provisions of article 34, paragraphs 2 to 6, shall apply.
Definition of costs
1. The arbitral tribunal shall fix the costs of arbitration in the final award and, if it deems appropriate, in any another resolution.
2. The term “costs” includes only:
a) The fees of the arbitral tribunal to be stated separately as to each arbitrator and to be fixed by the tribunal itself in accordance with article 41;
b) The reasonable travel and other expenses incurred by the arbitrators;
c) The reasonable costs of expert advice and of other assistance required by the arbitral tribunal;
d) The reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal;
e) The legal and other costs incurred by the parties in regards to the arbitration, to the extent that the arbitral tribunal determines that the amount of such costs is reasonable;
f) Any arbitration fees and expenses of ICAM
3. In regards to interpretation, correction or completion of any award under articles 37 to 39, the arbitral tribunal may charge the costs referred to in paragraphs 2 b) to f), but no additional fees.
Fees and expenses of arbitrators
1. ICAM will fix the fees and expenses of the arbitrators and the administration costs according to the current tariffs, taking into account the amount in dispute, the complexity of the subject matter, the time spent by the arbitrators and any other relevant circumstances of the case. In the case that the dispute concludes in an anticipated manner ICAM shall make a proportional discount to the fees and costs described in the corresponding tariff.
2. The arbitral tribunal, when fixing its fees, shall apply the current tariff at the time the award is issued in the manner considered appropriate as per the circumstances of the case.
3. Throughout the procedure under paragraphs 3 and 4, the arbitral tribunal shall proceed with the arbitration, in accordance with article 17, paragraph 1.
4. A referral under paragraph 4 shall not affect any determination in the award other than the arbitral tribunal’s fees and expenses; nor shall it delay the recognition and enforcement of all parts of the award other than those relating to the determination of the arbitral tribunal’s fees and expenses.
Allocation of costs
1. The costs of the arbitration shall in principle be borne by the unsuccessful party or parties. However, the arbitral tribunal may apportion each of such costs between the parties if it determines that apportionment is reasonable, taking into account the circumstances of the case.
2. The arbitral tribunal shall in the final award or, if it deems appropriate, in any other award, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs.
Deposit of costs
1. The arbitral tribunal, on its establishment, may request the parties to deposit an equal amount as an advance for the costs referred to in article 40, paragraphs 2 a) to c).
2. During the course of the arbitral proceedings ICAM based upon the information provided by the arbitral tribunal, may request supplementary deposits from the parties. ICAM may fix separate advance payments for the principal claim and for the counterclaim(s).
3. ICAM may request the parties one or various partial or total payments in the proportion that it deems necessary and to be directed as payment of arbitration costs. ICAM can request the arbitral tribunal for a report in order to calculate the cost of arbitration.
4. If the required deposits are not paid in full within the term specified by ICAM, it shall so inform the parties in order that one or more of them may make the required payment. If such payment is not made, the arbitral tribunal may order the suspension or termination of the arbitral proceedings in the principal claim or the counterclaim(s).
5. After a termination order or final award has been made, the arbitral tribunal shall render an accounting balance to the parties reflecting the deposits received and return any unexpended balance to the parties.
Model arbitration clause for contracts
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the arbitration rules of the International Center for Arbitration and Mediation (ICAM).
Note. Parties should consider adding:
a) The number of arbitrators shall be ... [one or three];
b) The place of arbitration shall be ... [town and country];
c) The language to be used in the arbitral proceedings shall be ... .
d) The applicable law shall be…
SOLE Transitory. The provisions of these rules shall enter into force the day after its approval by the Assembly of the National Chamber of Commerce, Service and Tourism of Tijuana, Baja California