美洲商事仲裁和调解中心仲裁规则

　　Article 1

　　1. The parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by the Commercial Arbitration and Mediation Center for the Americas （hereinafter referred to as the “administrator”） or under its arbitration rules. These rules, and any amendment of them, shall apply in the form obtained at the time the demand for, or submission to, arbitration is received by the administrator. The parties, by written agreement, may vary the procedures set forth in these rules.

　　2. These rules govern the arbitration, except that, where any such rule is in conflict with any provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.

　　3. These rules specify the duties and responsibilities of the administrator. The administrator may provide services through any of its offices.

　　I. Commencing the Arbitration

　　Notice of Arbitration and Statement of Claim

　　Article 2

　　The party initiating arbitration （“claimant（s）”） shall give written notice of arbitration to the administrator and to the party or parties against whom a claim is being made （“respondent（s）”）。

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

　　The notice of arbitration shall include the following：

　　（a） a demand that the dispute be referred to arbitration；

　　（b） the names, addresses and telephone numbers of the parties；

　　（c） a copy of the arbitration clause or agreement that is invoked；

　　（d） a reference to any contract out of, or in relation to, which the dispute arises；

　　（e） a description of the claim and an indication of the facts supporting it；

　　（f） the relief or remedy sought and the amount claimed； and,

　　（g） may include proposals as to the number of arbitrators, the place of arbitration and the language（s） of the arbitration.

　　Upon receipt of such notice, the administrator will communicate with all parties with respect to the arbitration, including the matters set forth in （g） above, if the parties have not already agreed on these matters, and will acknowledge the commencement of the arbitration.

　　Statement of Defense and Counterclaim

　　Article 3

　　1. Within thirty （30） days after notice to the parties of the commencement of the arbitration by CAMCA, a respondent shall file a statement of defense in writing with the claimant and any other parties, and with the administrator for transmittal to the tribunal when appointed.

　　2. At the time a respondent submits its statement of defense, a respondent may make counterclaims or assert set-offs as to any claim covered by the agreement to arbitrate, as to which the claimant shall within thirty （30） days file a statement of defense.

　　3. A respondent shall respond to the administrator, the claimant and other parties within thirty （30） days as to any proposals the claimant may have made as to the number of arbitrators, the place of the arbitration or the language（s） of the arbitration, except to the extent that the parties have previously agreed as to these matters.

　　Amendments to Claims

　　Article 4

　　During the arbitral proceedings, any party may amend or supplement its claim, counterclaim or defense, unless the tribunal considers it inappropriate to allow such amendment because of the party's delay in making it, or of prejudice to the other parties, or any other circumstances. A claim or counterclaim may not be amended if the amendment would fall outside the scope of the agreement to arbitrate.

　　II. The Tribunal

　　Panel of Arbitrators

　　Article 5

　　CAMCA shall establish and maintain a multi-national panel of arbitrators and shall appoint arbitrators as provided in these rules.

　　Number of Arbitrators

　　Article 6

　　If the parties have not agreed on the number of arbitrators, one arbitrator shall be appointed unless the administrator determines, in its discretion, that three arbitrators are appropriate because of the size, complexity or other circumstances of the case.

　　Appointment of Arbitrators

　　Article 7

　　1. If the agreement of the parties names an arbitrator（s） or specifies a method of appointing the arbitral tribunal, such designation or method shall be followed. The notice of appointment, with the name, address, and telephone number of the arbitrator（s）, shall be filed with the administrator by the appointing party（s）。 If no period of time for the appointment of arbitrator（s） is specified in the agreement, the administrator will notify the parties that they have thirty （30） days within which to make such appointment（s）。 If any party fails to make the appointment within the time specified by the agreement or by the administrator, the administrator shall make the appointment.[page]

　　2. Unless otherwise agreed by the parties, if within thirty （30） days the parties have not appointed an arbitrator（s） and have not mutually agreed on a method of appointment, the administrator shall send simultaneously to each party to the dispute an identical list of names of persons chosen from the multi-national CAMCA panel. Each party shall have twenty （20） days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to the administrator.

　　In a single arbitrator case, each party will receive an identical list of ten names from which each party may strike three names on a peremptory basis. In a multi-arbitrator case, each party will receive an identical list of fifteen names from which each party may strike five names on a peremptory basis. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable.

　　From among the persons who have been approved on the relevant lists, and in accordance with the designated order of mutual preference, the administrator shall invite the acceptance of the appropriate number of arbitrators to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the administrator shall have the power to make the appointment from among other members of the panel without the submission of additional lists. To the extent possible, the administrator will abide by any agreement of the parties regarding the desired qualifications of the arbitrator（s）。

　　3. Upon the request of a party, or on its own initiative, the administrator shall take into account the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties.

　　Challenge of Arbitrators

　　Article 8

　　All arbitrators acting under these rules shall be impartial and independent. Prior to accepting appointment, a prospective arbitrator shall disclose to the administrator any circumstance likely to give rise to justifiable doubts as to the arbitrator's impartiality or independence. Once appointed, an arbitrator shall disclose any additional such information to the parties and to the administrator. Upon receipt of such information from an arbitrator or a party, the administrator shall communicate it to the parties and to the arbitrator.

　　Article 9

　　1. A party may challenge any arbitrator whenever circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence. A party wishing to challenge an arbitrator shall send notice of the challenge to the administrator within twenty （20） days after being notified of the appointment of the arbitrator, or within twenty （20） days after the circumstances giving rise to the challenge became known to that party.

　　2. The challenge shall state in writing the reasons for the challenge.

　　3. Upon receipt of such a challenge, the administrator shall notify the other parties of the challenge. When an arbitrator has been challenged by one party, the other parties may agree to the acceptance of the challenge and, if there is agreement, the arbitrator shall be replaced. The challenged arbitrator may also withdraw from office on his/her own initiative. In neither case does this imply acceptance of the validity of the grounds for the challenge.

　　Article 10

　　If the other party or parties do not agree to the challenge or the challenged arbitrator does not withdraw, the decision on the challenge shall be made by the administrator in its sole discretion.

　　Replacement of an Arbitrator

　　Article 11

　　If an arbitrator withdraws after a challenge, or the administrator sustains the challenge, or the administrator determines that there are sufficient reasons to accept the resignation of an arbitrator, or an arbitrator dies, a substitute arbitrator shall be appointed pursuant to the provisions of Article 7, unless the parties otherwise agree.

　　Article 12

　　1. If an arbitrator on a three-person arbitral tribunal fails to participate in the arbitration, the two other arbitrators shall have the power in their sole discretion to continue the arbitration and to make any decision, ruling or award, notwithstanding the failure of the third arbitrator to participate. In determining whether to continue the arbitration or to render any decision, ruling or award without the participation of an arbitrator, the two other arbitrators shall take into account the stage of the arbitration, the reason, if any, expressed by the third arbitrator for such nonparticipation, and such other matters as they consider appropriate in the circumstances of the case. In the event that the two other arbitrators determine not to continue the arbitration without the participation of the third arbitrator, the administrator, on proof satisfactory to it, shall declare the office vacant, and a substitute arbitrator shall be appointed pursuant to the provisions of Article 7, unless the parties otherwise agree.[page]

　　2. If a substitute arbitrator is appointed, the tribunal shall determine, in its sole discretion, whether all or part of any prior hearings shall be repeated.

　　III. General Conditions

　　Representation

　　Article 13

　　Any party may be represented in the arbitration. A party intending to be so represented shall notify the other party and the administrator of the name, address, and telephone number of the representative at least seven （7） days prior to the date set for the hearing at which that person is first to appear. Once the tribunal has been established, the parties or their representatives may communicate in writing directly with the tribunal. Copies of all communications from the tribunal to the parties should also be forwarded to the administrator.

　　Place of Arbitration

　　Article 14

　　1. If the place where the arbitration is to be held is not designated in the contract, or the parties fail to agree in writing on such place, the party demanding arbitration shall give notice to the administrator of the desired place of arbitration. The administrator shall notify the parties that they have a period of twenty （20） days to submit their arguments and reasons for preference regarding the place of arbitration to a neutral locale committee. The committee shall be representative of the nationalities of the parties and shall be chaired by a national of a country other than that of any of the parties. The committee's determination shall be made with due regard for the contentions of the parties and the circumstances of the arbitration. The determination of the place of arbitration by the committee shall be final and binding upon the parties.

　　2. The tribunal may hold conferences or hear witnesses or inspect property or documents at any place it deems appropriate. The tribunal, or the administrator at the tribunal's request, shall give the parties sufficient written notice to enable them to be present at any such proceedings.

　　Language

　　Article 15

　　If the parties have not agreed otherwise, the language（s） of the arbitration shall be that of the documents containing the arbitration agreement, subject to the power of the tribunal to determine otherwise based upon the contentions of the parties and the circumstances of the arbitration. The tribunal may order that any documents delivered in another language shall be accompanied by a translation into such language or languages.

　　Pleas as to Jurisdiction

　　Article 16

　　1. The 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.

　　2. The tribunal shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract.

　　3. Objections to the arbitrability of a claim must be raised no later than thirty （30） days after notice to the parties of the commencement of the arbitration by CAMCA and, in respect to a counterclaim, no later than thirty （30） days after filing the counterclaim.

　　Conduct of the Arbitration

　　Article 17

　　1. Subject to these rules, the tribunal may conduct the arbitration in whatever manner it considers appropriate, provided that the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case.

　　2. Documents or information supplied to the tribunal by one party shall at the same time be communicated by that party to the other party or parties.

　　Further Written Statements

　　Article 18

　　The tribunal may decide whether any written statements, in addition to statements of claims and counterclaims and statements of defense, shall be required from the parties or may be presented by them, and shall fix the periods of time for submitting such statements.

　　Periods of Time

　　Article 19

　　The periods of time fixed by the tribunal for the communication of written statements should not exceed thirty （30） days. However, the tribunal may extend such time limits if it considers such an extension justified.

　　Notices

　　Article 20

　　1. Unless otherwise agreed by the parties or ordered by the tribunal, all notices, statements and written communications may be served on a party by air mail or air courier addressed to the party or its representative at the last known address or by personal service. Facsimile transmission, telex, telegram, or other written forms of electronic communication may be used to give any such notices, statements or written communications.

　　2. For the purpose of calculating a period of time under these rules, such period shall begin to run on the day following the day when a notice, statement or written communication is received. If the last day of such period is an official holiday at the place received, the period is extended until the first business day which follows. Official holidays occurring during the running of the period of time are included in calculating the period.[page]

　　Evidence

　　Article 21

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

　　2. The tribunal may order a party to deliver to it and to the other parties a summary of the documents and other evidence which that party intends to present in support of its claim, counterclaim or defense.

　　3. At any time during the proceedings, the tribunal may order parties to produce other documents, exhibits or other evidence it deems necessary or appropriate.

　　Hearings

　　Article 22

　　1. The tribunal shall give the parties at least twenty （20） days' advance notice of the date, time and place of the initial oral hearing. The tribunal shall give reasonable notice of subsequent hearings.

　　2. At least twenty （20） days before the hearings, each party shall give the tribunal and the other parties the names and addresses of any witnesses it intends to present, the subject of their testimony and the languages in which such witnesses will give their testimony.

　　3. At the request of the tribunal or pursuant to mutual agreement of the parties, the tribunal shall make arrangements for the interpretation of oral testimony or for a record of the hearing.

　　4. Hearings are private unless the parties agree otherwise or the law provides to the contrary. The tribunal may require any witness or witnesses to retire during the testimony of other witnesses. The tribunal may determine the manner in which witnesses are examined.

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

　　6. The admissibility, relevance, materiality and weight of the evidence offered by any party shall be determined by the tribunal, provided that the tribunal shall consider applicable principles of legal privilege.

　　Interim Measures of Protection

　　Article 23

　　1. At the request of any party, the tribunal may take whatever interim measures it deems necessary, including injunctive relief and measures for the conservation of property.

　　2. Such interim measures may be taken in the form of an interim award and the tribunal may require security for the costs of such measures.

　　3. A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

　　Experts

　　Article 24

　　1. The tribunal may appoint one or more independent experts to report to it, in writing, on specific issues designated by the tribunal and communicated to the parties.

　　2. The parties shall provide such an expert with any relevant information or produce for inspection any relevant documents or goods that the expert may require. Any dispute between a party and the expert as to the relevance of the requested information or goods shall be referred to the tribunal for decision.

　　3. Upon receipt of an expert's report, the tribunal shall send a copy of the report to all parties, who shall be given an opportunity to express, in writing, their opinion on the report. A party may examine any document on which the expert has relied in such a report.

　　4. At the request of any party, the parties shall be given an opportunity to question the expert at a hearing. At this hearing, parties may present expert witnesses to testify on the points at issue.

　　Default

　　Article 25

　　1. If a party fails to file a statement of defense within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may proceed with the arbitration.

　　2. If a party, duly notified under these rules, fails to appear at a hearing without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may proceed with the arbitration.

　　3. If a party, duly invited to produce evidence, fails to do so within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may make the award on the evidence before it.

　　Closure of Hearing

　　Article 26

　　1. After asking the parties if they have any further testimony or evidentiary submissions and upon receiving negative replies or if satisfied that the record is complete, the tribunal may declare the hearings closed.

　　2. If the tribunal considers it appropriate, on its own motion or upon application of a party, the tribunal may reopen the hearings at any time before the award is made.

　　Waiver of Rules

　　Article 27

　　A party who knows that any provision of the rules or requirement under the rules has not been complied with, but proceeds with the arbitration without promptly stating an objection in writing thereto, shall be deemed to have waived the right to object.

　　Awards, Decisions and Rulings

　　Article 28

[page]

　　1. When there is more than one arbitrator, any award, decision or ruling of the tribunal shall be made by a majority of the arbitrators.

　　2. When the parties or the tribunal so authorize, decisions or rulings on questions of procedure may be made by the presiding arbitrator, subject to revision by the tribunal.

　　Form and Effect of the Award

　　Article 29

　　1. Awards shall be made in writing, promptly by the tribunal, and shall be final and binding on the parties. The parties undertake to carry out any such award without delay.

　　2. The tribunal shall state the reasons upon which the award is based, unless the parties have agreed that no reasons need be given.

　　3. An award signed by a majority of the arbitrators shall be sufficient. Where there are three arbitrators and one of them fails to sign, the award shall be accompanied by a statement of whether the third arbitrator was given the opportunity to sign. The award shall contain the date and the place where the award was made, which shall be the place designated pursuant to Article 14.

　　4. An award may be made public only with the consent of all parties or as required by law.

　　5. Copies of the award shall be communicated to the parties by the administrator.

　　6. If the arbitration law of the country where the award is made requires the award to be filed or registered, the tribunal shall comply with such requirement.

　　7. In addition to making a final award, the tribunal may make interim, interlocutory, or partial orders and awards.

　　Applicable Laws

　　Article 30

　　1. The tribunal shall apply the laws or rules of law designated by the parties as applicable to the dispute. Failing such a designation by the parties, the tribunal shall apply such law or laws as it determines to be appropriate.

　　2. In arbitrations involving the application of contracts, the tribunal shall decide in accordance with the terms of the contract and shall take into account usages of the trade applicable to the contract.

　　3. The tribunal shall not decide as amiable compositeur or ex aequo et bono unless the parties have expressly authorized it to do so.

　　Settlement or Other Reasons for Termination

　　Article 31

　　1. If the parties settle the dispute before an award is made, the tribunal shall terminate the arbitration and, if requested by all parties, may record the settlement in the form of an award on agreed terms. The tribunal is not obliged to give reasons for such an award.

　　2. If the continuation of the proceedings becomes unnecessary or impossible for any other reason, the tribunal shall inform the parties of its intention to terminate the proceedings. The tribunal shall thereafter issue an order terminating the arbitration, unless a party raises justifiable grounds for objection.

　　Interpretation or Correction of the Award

　　Article 32

　　1. Within thirty （30） days after the receipt of an award, any party, with notice to the other parties, may request the tribunal to interpret the award or correct any clerical, typographical or computation errors or make an additional award as to claims presented but omitted from the award.

　　2. If the tribunal considers such a request justified, after considering the contentions of the parties, it shall comply with such a request within thirty （30） days after the request.

　　Costs

　　Article 33

　　The tribunal shall fix the costs of arbitration in the award. The tribunal may apportion such costs among the parties if it determines that such apportionment is reasonable, taking into account the circumstances of the case. Such costs may include：

　　（a） the fees and expenses of the arbitrators；

　　（b） the costs of assistance required by the tribunal, including its experts；

　　（c） the fees and expenses of the administrator； and,

　　（d） the reasonable costs for legal representation of a successful party.

　　Compensation of Arbitrators

　　Article 34

　　Arbitrators shall be compensated based upon their amount of service, taking into account the size and complexity of the case. An appropriate daily or hourly rate, based on such considerations, shall be arranged by the administrator with the parties and the arbitrator prior to the commencement of the arbitration. If the parties fail to agree on the terms of compensation, an appropriate rate shall be established by the administrator and communicated in writing to the parties.

　　Deposit of Costs

　　Article 35

　　1. When claims are filed, the administrator may request the filing party to deposit appropriate amounts, as an advance for the costs referred to in Article 33, paragraphs （a）, （b） and （c）。

　　2. During the course of the arbitral proceedings, the tribunal may request supplementary deposits from the parties.

　　3. If the deposits requested are not paid in full within thirty （30） days after the receipt of the request, the administrator shall so inform the parties, in order that one or the other of them may make the required payment. If such payments are not made, the tribunal may order the suspension or termination of the proceedings.[page]

　　4. After the award has been made, the administrator shall render an accounting to the parties of the deposits received and return any unexpended balance to the parties.

　　Confidentiality

　　Article 36

　　Confidential information disclosed during the proceedings by the parties or by witnesses shall not be divulged by an arbitrator or by the administrator. Unless otherwise agreed by the parties, or required by applicable law, the members of the tribunal and the administrator shall keep confidential all matters relating to the arbitration or the award.

　　Exclusion of Liability

　　Article 37

　　The members of the tribunal and the administrator shall not be liable to any party for any act or omission in connection with any arbitration conducted under these rules, save that they may be liable for the consequences of conscious and deliberate wrongdoing.

　　Interpretation of Rules

　　Article 38

　　The tribunal shall interpret and apply these rules insofar as they relate to its powers and duties. All other rules shall be interpreted and applied by the administrator.

　　Expedited Procedures

　　Article 39

　　1. These Expedited Procedures shall apply where no disclosed claim or counterclaim exceeds $50,000, exclusive of interest and arbitration costs. Parties may also agree to use the Expedited Procedures in cases involving claims in excess of $50,000. The Expedited Procedures will not be applied, absent agreement of the parties, in cases in which there is no disclosed monetary claim.

　　2. The parties shall accept all notices from the administrator by telephone. Such notices by the administrator shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm any writing or any notice hereinunder, the proceeding shall nonetheless be valid if notice has, in fact, been given by telephone.

　　3. The administrator shall appoint a single arbitrator without the submission of lists. At the request of any party or on its own initiative, the administrator may appoint a national of a country other than that of any of the parties. The parties will be given notice by telephone by the administrator of the appointment of the arbitrator, who shall be subject to disqualification for the reasons specified in Article 8. The parties shall notify the administrator, by telephone, within ten （10） days of any objection by a party to the arbitrator appointed. Any objection by a party to the arbitrator shall be confirmed in writing to the administrator with a copy to the other party or parties.

　　4. The parties may provide, by written agreement, for the waiver of oral hearings in expedited cases. If the parties are unable to agree as to the procedure, the administrator shall specify a fair and equitable procedure.

　　5. The arbitrator shall set the date, time, and place of the hearing. The administrator shall notify the parties by telephone at least ten （10） days in advance of the hearing date. A formal notice of hearing will also be sent by the administrator to the parties.

　　6. Normally, the hearing shall be completed within one day. The arbitrator, for good cause shown, may schedule an additional hearing to be held within ten （10） days.

　　7. Unless otherwise agreed by the parties, the award shall be rendered not later than twenty （20） business days from the date of the close of the hearing.

　　Administrative Fee Schedule

　　The administrative fees of CAMCA are based on the amount of the claim or counterclaim. Arbitrator compensation is not included in this schedule. Unless the parties agree otherwise, arbitrator compensation and administrative fees are subject to allocation by the tribunal in the award.

　　Filing Fee

　　A nonrefundable filing fee is payable in full in U.S. dollars by a filing party when a claim, counterclaim or additional claim is filed, as provided below：

Amount of Claim

Filing Fee

Hearing Fee

Postponement Fee

Up to $10,000

$450

$150

$150

$10,001 to $50,000

$650

$150

$150

$50,001 to $100,000

$1,250[page]

$150

$150

$100,001 to $250,000

$2,000

$150

$150

$250,001 to $500,000

$3,500

$250

$250

$500,001 to $1,000,000

$5,000

$250

$250

$1,000,001 to $5,000,000

$7,000

$250

$250

Undetermined

$2,000

$250

$250

3 Arbitrators

$2,000

$250

$250

　　Administrative Fees for undetermined claims are subject to increase when the claim or counterclaim is disclosed. The administrative fee for claims in excess of $5,000,000 will be negotiated between the administrator and the filing party.

　　When a claim or counterclaim is not for a monetary amount, an appropriate filing fee will be determined by the administrator.

　　Postponement/Cancellation Fees

　　The postponement fees indicated above are payable by the party causing a postponement of any scheduled hearing.

　　Hearing Room Rental

　　The Hearing Fees described above do not cover the rental of hearing rooms, which are available on a rental basis. Check with the administrator for availability and rates.

　　Suspension for Nonpayment

　　If arbitrator compensation or administrative charges have not been paid in full, the administrator may so inform the parties in order that one of them may advance the required payment. If such payments are not made, the tribunal may order the suspension or termination of the proceedings. If the tribunal has not yet been appointed, the administrator may suspend the proceedings.