2000年瑞士日内瓦商工会仲裁规则

　　Geneva Chamber of Commerce and Industry Arbitration Rules

　　Latest amendment ： 1st May 2000

　　A. General Provisions

　　1. Scope of the Rules

　　1.1 These Rules apply whenever the parties have agreed to submit their disputes to CCIG arbitration.

　　1.2 Arbitration agreements referring to the Arbitration Directives of the CCIG of June 1, 1980 are considered as referring to the present Rules unless one of the parties objects.

　　2. Arbitration Committee

　　2.1 The CCIG shall provide all necessary assistance to the parties for the organization of the arbitration pursuant to these Rules.

　　2.2 For this purpose, the CCIG shall appoint an Arbitration Committee which shall perform the functions of the CCIG according to these Rules. The Arbitration Committee shall consist of three to five members, one of which shall be an officer or employee of the CCIG. The members of the Arbitration Committee shall be appointed by the CCIG for three years. Such members may not serve as arbitrators or counsel in CCIG arbitrations.

　　3. Place of Arbitration

　　Unless otherwise agreed, the place of arbitration shall be Geneva.

　　4. Confidentiality

　　CCIG arbitration is confidential. The parties, the arbitrators and the CCIG undertake not to disclose to third parties any facts or other information relating to the dispute or the arbitral proceedings. The parties, the arbitrators and the CCIG shall refrain from publishing or causing others to publish the award, unless the parties to the arbitration agree to such publication.

　　5. Notifications

　　The awards and orders of the arbitral tribunal as well as other decisions of the arbitral tribunal and those of the CCIG shall be notified to the parties at the address shown in the request for arbitration, or at any other address subsequently specified, by any means of communication permitting proof of receipt.

　　6. Time Limits

　　The CCIG may extend the time limits provided in the present Rules if the circumstances so justify.

　　B. Commencing the Arbitration Proceedings

　　7. Request for Arbitration

　　7.1 The party wishing to initiate an arbitration under these Rules shall deliver its request to the CCIG. Such request shall contain：

　　a） the names, capacities and addresses of the parties, including telephone and telefax or telex numbers；

　　b） a copy of the contract containing the arbitration agreement or any other document showing that the arbitration is governed by these Rules；

　　c） a statement of the facts and legal argument on which the claimant's case is based, together with supporting documents；

　　d） the claimant's prayer for relief, i.e. a brief and precise description of each claim；

　　e） an estimate of the amount in dispute, if no definite sum of money is claimed；

　　f） relevant information regarding the number and choice of the arbitrators within the meaning of Articles 10 and 11.

　　7.2 The request shall be delivered in as many copies as there are other parties, together with an additional copy for each arbitrator and for the CCIG. The CCIG shall send the request to the respondent.

　　8. Answer

　　8.1 The respondent shall communicate its answer to the CCIG within thirty days from the receipt of the request. The answer shall contain：

　　a） a statement of the defenses, together with supporting documents, including any objection concerning the arbitration agreement；

　　b） any counterclaim, together with the information provided in Article 7.1 d） - e）；

　　c） relevant information regarding the number and choice of the arbitrators within the meaning of Articles 10 and 11. 8.2 The answer shall be delivered in as many copies as there are other parties, together with an additional copy for each arbitrator and for the CCIG. The CCIG shall send the answer to the claimant.

　　8.3 The provisions of this Article are subject to Article 18 with respect to the participation of a third party.

　　C. Formation of the Arbitral Tribunal

　　9. Agreement to Arbitrate

　　The CCIG shall proceed with the formation of the arbitral tribunal, unless it is apparent from the outset that there is manifestly no agreement to arbitrate referring to the CCIG.

　　10. Independence and Qualifications of the Arbitrators

　　10.1 Every arbitrator, whether a sole arbitrator, chairperson or a coarbitrator, shall be and remain independent from the parties and has the obligation to disclose immediately any circumstances likely to affect independence with respect to the parties or any one of them.

　　10.2 Every arbitrator shall have the qualifications agreed by the parties and the availability required to conduct the arbitration to an expeditious completion.

　　10.3 The sole arbitrator or the chairperson may not have the same nationality as one of the parties unless the parties agree otherwise or have the same nationality.[page]

　　11. Number of Arbitrators

　　11.1 The parties are free to agree that the arbitral tribunal shall consist of a sole arbitrator or of three arbitrators.

　　11.2 In the absence of such an agreement, the tribunal shall consist of a sole arbitrator, unless the CCIG decides to form a tribunal of three arbitrators on account of the amount in dispute, of the nature and of the complexity of the dispute.

　　12. Appointment of the Arbitrators

　　12.1 Sole Arbitrator

　　The parties may select the sole arbitrator by mutual agreement. In the absence of such a selection within a thirty-day time limit set by the CCIG, the CCIG shall appoint the sole arbitrator.

　　12.2 Tribunal of Three Arbitrators

　　If the agreement to arbitrate provides for a tribunal of three arbitrators, each party shall select a coarbitrator respectively in the request for arbitration and in the answer. In the absence of a selection by a party, the CCIG shall appoint the coarbitrator.

　　If the CCIG decides to form a tribunal of three arbitrators pursuant to Article 11.2, each party shall select a coarbitrator upon the request of the CCIG. Failing such a selection by a party within a thirty-day time limit set by the CCIG, the CCIG shall appoint the coarbitrator.

　　Within a thirty-day time limit starting from the date when the coarbitrators learned from the CCIG of their appointment, the coarbitrators shall select a chairperson. Failing such selection of a chairperson, the CCIG shall appoint the chairperson. 12.3 Confirmation of the Arbitrators

　　Every arbitrator selected by the parties, either separately or jointly, or by the coarbitrators, shall be deemed to be appointed only upon confirmation by the CCIG. The CCIG may refuse the confirmation, without indicating any reasons, if it considers that the arbitrator does not fulfill the requirements of Article 10.

　　13. Challenge

　　13.1 An arbitrator may be challenged upon the ground that he or she does not fulfill the requirements of Article 10.1, that he or she does not possess the qualifications agreed by the parties, or that he or she manifestly does not have the availability required to conduct the arbitration to an expeditious completion.

　　13.2 Challenges are within the exclusive jurisdiction of the CCIG. The challenge petition shall be submitted to the CCIG immediately after the party making such challenge becomes aware of the relevant facts. It shall specify the facts and circumstances upon which the challenge is based.

　　13.3 The CCIG shall ask the other parties, the challenged arbitrator and the other arbitrators to submit written observations and shall render a decision summarily stating reasons.

　　13.4 In domestic arbitrations, the mandatory provisions of the Swiss International Arbitration Convention of 27 March 1969 are reserved.

　　14. Removal

　　14.1 An arbitrator may be removed by written agreement of the parties.

　　14.2 An arbitrator can also be removed by the CCIG if he or she refuses to carry out his or her functions or is manifestly unable to do so. The CCIG invites the parties, the contested arbitrator and the other arbitrators to submit written observations and shall render a decision summarily motivated.

　　14.3 In domestic arbitrations, the mandatory provisions of the Swiss International Arbitration Convention of 27 March 1969 are reserved.

　　15. Replacement

　　15.1 In case of death, removal, successful challenge or resignation of an arbitrator, such arbitrator shall be replaced pursuant to the provisions of Article 12.

　　15.2 Unless otherwise agreed by the parties or otherwise decided by the arbitral tribunal, the proceeding shall continue with the new arbitrator from the point where the previous arbitrator ceased to perform his or her duties.

　　D. Multiple Requests for Arbitration, Multiparty Arbitration

　　16. Multiple Requests

　　16.1 If an arbitration is initiated between parties already involved in another arbitration governed by these Rules, the CCIG may assign the second case to the arbitral tribunal appointed to decide the first case, in which case the parties shall be deemed to have waived their right to select an arbitrator in the second case.

　　16.2 In order to decide upon such assignment, the CCIG shall take into account all the circumstances, including the links between the two cases and the progress already made in the first case.

　　17. Multiparty Arbitration in General

　　17.1 In arbitration proceedings comprising more than two parties, including in case of participation of a third party within the meaning of Article 18, the number of arbitrators shall be determined in accordance with Article 11.

　　17.2 The parties may agree on a method of selection of the coarbitrators. In the absence of such an agreement, the coarbitrators shall be appointed by the CCIG, which shall take into account any proposals by the parties.

　　17.3 The chairperson or the sole arbitrator shall be appointed in accordance with Article 12.[page]

　　18. Participation of a Third Party

　　18.1 If a respondent intends to cause a third party to participate in the arbitration, it shall so state in its answer and shall state the reasons for such participation. The respondent shall deliver to the CCIG an additional copy of its answer.

　　18.2 The CCIG shall send the answer to the third party whose participation is sought, the provisions of Articles 8 and 9 being applicable by analogy.

　　18.3 Upon receipt of the third party's answer, the CCIG shall decide on the participation of the third party in the already pending proceeding, taking into account all of the circumstances. If the CCIG accepts the participation of the third party, it shall proceed with the formation of the arbitral tribunal in accordance with Article 17； if it does not accept the participation, it shall proceed according to Article 12.

　　18.4 The decision of the CCIG regarding the participation of third parties shall not prejudice the decision of the arbitrators on the same subject. Regardless of the decision of the arbitrators on such participation, the formation of the arbitral tribunal cannot be challenged.

　　E. Procedure before the Arbitral Tribunal

　　19. Applicable Rules

　　Unless otherwise agreed by the parties, the procedure before the arbitral tribunal shall be governed by the provisions in this chapter and any additional rules established by the parties or, if none, by the arbitrators.

　　20. Communications

　　Subject to Article 5 of these Rules, the arbitral tribunal shall determine the means of communication between itself and the parties.

　　21. Conciliation

　　The arbitral tribunal may at any time seek to conciliate the parties. Any settlement may be embodied in an arbitral award rendered by consent of the parties.

　　22. Assistance

　　Each party has the right to be assisted by the counsel of its choice, regardless of the nationality or residence of such counsel.

　　23. Provisional or Conservatory Measures

　　23.1 Each party may request provisional or conservatory measures from a state authority having jurisdiction or from the arbitral tribunal.

　　23.2 The arbitral tribunal shall request the respondent party to state its position and shall render an order based on an adversarial proceeding within a short time.

　　23.3 In case of utmost urgency, the arbitral tribunal may order provisional or conservatory measures upon mere presentation of the request, provided that the other party shall be heard subsequently.

　　23.4 In domestic arbitrations, the mandatory provisions of the Swiss International Arbitration Convention of 27 March 1969 are reserved.

　　24. Additional Briefs

　　At the request of a party or upon its own initiative, the arbitral tribunal shall order the exchange of additional briefs if the circumstances so justify.

　　25. Documents

　　25.1 Each party shall produce the documents upon which it relies in conjunction with the written pleadings provided in Articles 7, 8 and 24.

　　25.2 Exceptionally, the arbitral tribunal may permit the production of new documents if the parties so agree, if the party wishing to produce the new document could not do so within the applicable time limit, or if the relevance of the document did not become apparent until after expiry of the time limit. 25.3 Each party may request in due course the production of documents in the custody of the opponent. If the parties disagree, the arbitral tribunal may order production of the documents, on condition that the requesting party demonstrates the likely existence and relevance of such documents.

　　26. Witnesses

　　26.1 The party wishing to have a witness heard shall deliver a preliminary statement signed by such witness, unless the witness refuses. Unless otherwise decided by the arbitral tribunal, the preliminary statements shall be delivered at the latest fifteen days before the hearing at which evidence is to be taken.

　　26.2 At the hearing at which evidence is taken, each party shall examine its witnesses, if it deems necessary in order to complete the preliminary statements. The opponent shall thereafter ask the questions that it deems relevant. The arbitrators may ask their own questions at any time.

　　27. Experts

　　27.1 Each party may consult and present one or more experts of its choice to be heard by the arbitral tribunal. The provisions regarding the examination of witnesses shall apply by analogy.

　　27.2 The arbitral tribunal may, of its own motion or at the request of a party, appoint one or more experts. The arbitral tribunal shall consult the parties with respect to the appointment and terms of reference of such experts.

　　28. Records

　　The examination of witnesses, experts and parties shall be recorded by a stenographer. At the request of the parties or if it deems appropriate, the arbitral tribunal may substitute any process permitting the preservation of the entire statements or of their essential elements.[page]

　　F. Award

　　29. Reasons

　　Unless otherwise agreed by the parties, the award shall state reasons in a concise manner. It shall confirm the undertaking of confidentiality contained in Article 4 of these Rules.

　　30. Notification

　　The CCIG shall notify the award to the parties provided that all the costs of arbitration have been paid. The CCIG shall keep a copy of the award for ten years.

　　G. Expedited Procedure

　　31. Special Provisions

　　If the parties so agree, the arbitration shall be conducted according to an expedited procedure. Such arbitrations shall be governed by the foregoing provisions, subject to the following changes ：

　　a） the CCIG may shorten the time limits for the appointment of arbitrators；

　　b） upon deposit of the request for Arbitration, each party may state its position only once in writing on the claims asserted against it；

　　c） unless the parties authorize the arbitral tribunal to decide on the basis of the documentary evidence only, the arbitral tribunal shall hold a single hearing for the examination of the parties, witnesses and expert witnesses as well as for oral argument；

　　d） the award shall be rendered within six months from the date when the CCIG hands the file over to the arbitrators；

　　e） the award shall summarily state reasons, unless the parties waive the requirement of reasons.

　　H. Cost of Arbitration

　　32. Definition of Costs The costs of arbitration include the fees and disbursements of the CCIG as well as the fees and expenses of the arbitral tribunal.

　　33. Fees and Disbursements of the CCIG

　　33.1 The fees of the CCIG shall be - Sfr. 4'000.- for arbitrations where the amount in dispute does not exceed Sfr. 2'000'000.- ；

　　- Sfr. 6'000.- for arbitrations where the amount in dispute is between Sfr. 2'000'001.- and Sfr. 10'000'000.- - Sfr. 8'000.- for arbitrations where the amount in dispute is between Sfr. 10'000'001.- and Sfr. 50'000'000.- ；

　　- Sfr. 10'000.- for arbitrations where the amount in dispute is between Sfr. 50'000'001.- and Sfr. 100'000'000.- - Sfr. 12'000.- for arbitrations where the amount in dispute exceeds Sfr. 100'000'000.-.

　　The CCIG may amend these amounts at any time if the costs of administration of the arbitration so require, in particular in the case of multiparty arbitration.

　　33.2 The fees of the CCIG shall be paid at the time of filing the Request for Arbitration, failing which the CCIG shall not proceed with the case. Where a counterclaim is filed, the CCIG shall set an additional administrative fee relating to the counterclaim； in case of non-payment of such fee, the counterclaim shall not be transmitted to the arbitral tribunal.

　　33.3 The CCIG shall assess an additional charge when an arbitrator is challenged.

　　33.4 The above-mentioned administrative fee shall not be refundable.

　　33.5 The disbursements of the CCIG include the actual costs incurred by the CCIG, such as telephone, telefax, photocopies and courier services. The total amount of disbursements of the CCIG shall be assessed at the end of the proceedings and shall be stated in the award.

　　34. Fees and Expenses of the Arbitral Tribunal

　　34.1 The fees of the arbitrator（s） shall in principle be computed according to the time reasonably spent on the resolution of the dispute at an hourly rate subject to limits established in proportion to the amount in dispute. The CCIG Schedule in force at the time of the filing of the request shall apply.

　　34.2 The expenses of the Arbitral Tribunal shall include the actual expenses incurred by the arbitral tribunal, such as the costs of travel, meeting room rental, the remuneration of interpreters, the recording and transcribing of hearings, telephone, telefax, photocopies and courier services.

　　35. Advance

　　35.1 When the arbitral tribunal is being formed, the CCIG shall determine the amount of the advance towards the costs of arbitration, subject to possible changes during the arbitration. The filing of a counterclaim or a new claim shall result in the determination of separate advances. When the amount in dispute is not determined, the CCIG shall determine the advance taking into account in particular the estimate made by the parties in accordance with Articles 7.1 （e） and 8.1 （b） of the Rules, the complexity of the case and the qualifications required from the arbitral tribunal.

　　35.2 The advance shall be paid in two instalments of 50% each. The first instalment shall be paid at the beginning of the proceeding or following the filing of a new claim within the time limits set by the CCIG. The CCIG shall hand over the file to the arbitral tribunal as soon as the first instalment is paid. The second instalment shall be paid during the proceedings at a date to be set by the CCIG in agreement with the arbitrators.

　　35.3 Each instalment shall be payable in equal shares by the claimant and the respondent. If a party does not pay its share, the CCIG shall request the other party to substitute for it. In case of non payment, the relevant claim, after due notice, shall be deemed to be withdrawn. This provision applies to counterclaims.[page]

　　35.4 Any subsequent modification of the advance set by the CCIG shall be paid in accordance with Article 35.3.

　　35.5 The advance shall bear interest at a usual rate. Such interest is included in the final computation of the arbitration costs in favour of the parties having advanced the amounts bearing interest.

　　35.6 If the arbitral tribunal orders an expert report, the expert shall commence work only after payment by the parties, or by one of them, of an advance determined by the arbitral tribunal and intended to cover the costs of the expertise.

　　36. Assessment of the Costs of Arbitration in the Award

　　36.1 At the end of the proceedings, the CCIG shall determine the final amount of the costs of arbitration. Such costs shall be stated in the arbitral award, which shall also determine which party shall bear such costs or in which proportion the parties shall share them.

　　36.2 In addition, the arbitral tribunal shall in principle adjudge that the losing party contribute towards the attorney？s fees of the other party.