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FLOWCHART (PDRCI RULES)

Respondent files a

RESPONSE

QUICK notes:

NOTICE OF
ARBITRATION

1. If notice of arbitration includes:


a) Statement of Claims and/or b) Proposed Arbitrator
(see notes on
Arbitrator)
RESPONSE should include Statement of defense and/or
proposed arbitrator

Claimant files a

May include: a) Statement of Claims


b) Proposed Arbitrator
Claimant pays a non refundable filing
fee, provisional advance on costs

30
DAYS

2. may include plea of lack of jurisdiction


3. RESPONDENT shall pay a PROVISIONAL ADVANCE in
accordance with the guidelines of fees.
Non-payment = The arbitral tribunal shall not act on any
counterclaim or any other claim or affirmative relief sought by
respondent

CONSTITUTION OF THE ARBITRAL TRIBUNAL

constitution
of subject
the arbitral
shall not
hindered
The appointment of arbitrators whether as sole arbitrator or an arbitralThe
tribunal
shall be
to tribunal
confirmation
bybePDRCI

No. of Arbitrators

THREE ARBITRATORS

Each party may propose one arbitrator in the Notice of Arbitration and one arbitrator in the
response or in any subsequent communication with the PDRCI
THE two arbitrators appointed, upon confirmation of their appointment shall chooseNOTICE
a third arbitrator,
OF CONFIRMATION
who upon confirmation of his appointment will act as chair of the arbitral tribunal.
shall
send notice of the confirmation to
If either party fails to appoint an arbitrator, PDRCI shall appoint the arbitrator PDRCI
for that
party.
nd
the
parties
and theon
tribunal,
expressly providing
If after 30 days from the confirmation of the 2 arbitration, the two arbitrators
have
not agreed
the
for
the
date
of
the
ARBITRAL
TRIBUNALS
choice of the chair. PDRCI shall appoint the chair.
CONSTITUTION.
SOLE ARBITRATORParties (claimant and/or respondent) shall propose nominee/s for sole arbitrator in the Notice
of Arbitration
or TO
in CONSTITUTE the
In case
of FAILURE
the Response to the Notice OR in a subsequent communication with the PDRCI
ARBITRAL TRIBUNAL= PDRCI ( at the
request of any party) constitute the
Within 30 days from receipt by a party of another partys proposal/nominee, the arbitral
partiestribunal
shall reach
and in doing so may
an agreement on the choice of sole arbitrator, if no agreement reached, PDRCI shall
appoint.
revoke
any appointment or confirmation
already made and appoint/reappoint each

ARBITRAL
PROCEEDINGS

Appointment of
Arbitrators

ARBITRAL TRIBUNAL IS DEEMED CONSTITUTED WHEN THE APPOINTMENT OF SOLE


ARBITRATOR or the THIRD ARBITRATOR (chief) has been confirmed by PDCRI.

The Arbitral Proceedings


After the Constitution of the ARBITRAL TRIBUNAL:
PARTIES prepare

Statement of
Claim/
Defense
(unless if notice of
arbitration/respons
e is elected as
statement of
claim/defense

TRIBUNAL
PREPARES

TERMS OF
REFERENCES
On the basis of the
parties submissions, if
appropriate upon
consultation with the
parties.

TRIBUNAL DECIDES
ON HOW THE

PROCEEDINGS
ARE HELD:
1) DOCUMENTS ONLY
and/or
2) Hearings
In the absence of a
request from any
party to hold hearings
(expert testimony,
oral arguments)

TRIBUNAL
DECIDES ON
a) PLACE
b)LANGUAGE
c) and may
demand
Further
written
statements

TRIBUNAL MAY

GRANT
INTERIM
MEASURES
OF
PROTECTION

CASE MANAGEMENT CONFERENCE


HOW
When

Tribunal convenes the parties to a conference. GR: In person or as may be directed by


tribunal: video/audio conference
As soon as the terms of references are SIGNED or issued, and at any time upon the
tribunals discretion

AIM

Discuss procedural measures, ESTABLISH PROCEDURAL TIMETABLE


(the Procedural Timetable and any modification thereto shall be communicated to PDRCI and
the parties)
The Tribunal may extend/shorten any period of time in the timetable or prescribed under the Rules,
AFTER CONSULTING with the parties.

HEARINGS
NOTES ON STATEMENT OF CLAIM/ DEFENSE
A statement of claim/defense may be contained in the Notice of Arbitration/Response or in a subsequent communication to PDRCI.

STATEMENT
CLAIM
The periods of
time fixed by theOF
tribunal
for the communication of written statements (including the Statement of Claim and Statement of
What isDefense) a
statement
of
claim
in
NOTES
shall not exceed
forty-five (45) days ( extendible, if
ANNEXES
REQUIRED:
Statement
of
writing
STATEMENT
OF
DEFENSE
justified). ( Art. 32)
a) Contract or legal
Claim
( can be made either in the
NOTES
instrument
related
to
Notice of Arbitration or asWhat
a
is
A statement of
CLAIMANTS FAILURE
TO COMMUNICATE
THE
STATEMENT
OF in writing RESPONDENTS
FAILURE TO COMMUNICATE THE
dispute
subsequent
communication)
Statement
of
defense
Respondent may claim
CLAIM
SUFFICIENT
CAUSE) WITHIN
THE PERIOD FIXED
BYmade
STATEMENT
OF DEFENSE
To
whom(WITHOUT
given
TO
PDRCI, to respondent,
Defense
(can be
counterclaim,
or rely on
andTRIBUNAL
to EACH of the
b) ARBITRATIONeither in the (WITHOUT
THE RULES OR THE
CAUSE)
WITHIN THE PERIOD FIXED BY THE
any SUFFICIENT
other claim for
the
arbitrators
agreement
Response or RULES
in a
purpose
of
set-off
OR THE TRIBUNAL
When
given
Within
a period
of time
to de
subsequent
provided
that theSHALL ORDER THAT THE PROCEEDINGS
= TRIBUNAL
MAY
ISSUE
ORDER
TERMINATING
THE
= TRIBUNAL
determined
by
the
tribunal
The
statement
of
claims
communication)
arbitral
tribunal
ARBITRATION
CONTINUE, FAILURE has
TO COMMUNICATE IS NOT TREATED AS
Contents
a) The names, addresses To whom
shall given
be accompanied
by
To PDRCI, to
jurisdiction
over
it
AN ADMISSION
and other contact details of
all documents and
other and to
claimant,
the parties;
evidence relied upon
eachby
of the
Upon the filing of the
(b) A statement of the facts
claimant or contain
arbitrators
Statement of Defense,
supporting the claim;
to them.
Whenreferences
given
Within a period of PDRCI shall determine
(c) The points at issue;
time to be
the Respondents Final
(d) The legal grounds or
determined by the Advance and shall be
arguments supporting the
PDRCI shall determine
tribunal.
required to pay LESS
claim;
Contents
the amount of claimants
Reply to
ANY AMOUNT paid by
(e) The value of the claims
FINAL ADVANCE ON
particulars
COST
in
way of PROVISIONAL
and the amounts involved,
and shall require the
the Statement
ADVANCE.
or if the relief sought is non- claimant to pay the same,
of Claim
monetary, an estimate
less any amounts(accompanied
paid by
by
thereof; and
way of PROVISIONAL
documents and
(f) The relief sought.
ADVANCE.
other evidence)

NOTES ON TERMS OF REFERENCES


WHO
FORM
WHEN ISSUED
Contents:

Notes:

Prepared by the Tribunal on the basis of the parties submissions, and if appropriate upon consultation
May be in the form of a 1) PROCEDURAL ORDER issued by the TRIBUNAL, 2) in the form of JOINT SUBMISSION
BY THE PARTIES or 3) ANY OTHER FORM
Issued by the TRIBUNAL within 15 days from the receipt of the file from the PDRCI
a) Names, addresses, and other contact details of the parties, their representatives and counsel, if any; b} the
addresses to which communications may be made; c) summary of the parties respective claims and the relief sought
by each party; d) issues to be determined; e) names, addresses and contact details of each of the arbitrators; f) place of
the arbitration; g) the particulars of the applicable procedural rules other than the Rules and, if necessary, reference to
the power conferred upon the arbitral tribunal to act as amiable compositeur or to decide ex aequo et bono; and h) the
parties preference for a file counsel to be assigned to the case.
PARTIES shall review and sign the TERMS of References. If a party is unable or refuses to sign,
ARBITRATION SHALL PROCEED on the basis of the Terms of Reference signed by at least one party and the
arbitral tribunal. Issues defined therein may be amended.

Notes on Interim Measures


When and where Before constitution of the tribunal- apply in court
available
After constitution of tribunal- apply in tribunal or in COURT if tribunal has no power to act or is unable to act effectively.
GROUNDS
(a) prevent irreparable loss or injury;
(b) provide security for the performance of any obligation;
(c) produce or preserve any evidence;
(d) maintain or restore the status quo pending the determination of the Dispute;
(e) take action to prevent, or refrain from taking action that is likely to cause current or imminent harm or prejudice to the
arbitration;
(f) provide a means of preserving the goods in dispute and any other assets out of which the award may be satisfied,
including appointment of receivers or detention, preservation and inspection of property; or
(g) compel any other appropriate act or omission.
***for a,d,e,f: - claimant to prove:
(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

How
Notes:

granted; and
(b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination of
this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
written application transmitted by reasonable means to the arbitral tribunal and to the party against whom the measure is
sought, describing in appropriate detail the precise relief, the party against whom the relief is requested, the grounds for the
relief, and the evidence supporting the request.
The order shall be binding upon the parties.

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

A party who does not comply with the Interim Measure shall be liable for all damages resulting from non-compliance,
including all cost and reasonable legal fees paid in obtaining judicial enforcement.

Either party may apply with the court for assistance in implementing or enforcing the Interim Measure ordered by the
arbitral tribunal.

The 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.

The order granting an Interim Measure may be conditioned upon the provision of security for any act or omission
specified in the order.

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

Appointment of Arbitrators
The appointment of arbitrators whether as sole arbitrator or an arbitral tribunal shall be subject to confirmation by PDRI
SOLE ARBITRATOR
Parties (claimant and/or respondent) shall propose
nominee/s for sole arbitrator in the Notice of Arbitration or in
the Response to the Notice OR in a subsequent
communication with the PDRCI
Within 30 days from receipt by a party of another
partys proposal/nominee, the parties shall reach an
agreement on the choice of sole arbitrator, if no
agreement reached, PDRCI shall appoint.
BOTH parties shall agree on the procedure for the
appointment of the sole arbitrator. If no agreement, PDRCI
shall determine appropriate procedure.

ARBITRAL TRIBUNAL ( three arbitrators)


Each party may propose one arbitrator in the Notice of Arbitration and one arbitrator in
the response or in any subsequent communication with the PDRCI

THE two arbitrators appointed, upon confirmation of their appointment shall choose a third
arbitrator, who upon confirmation of his appointment will act as chair of the arbitral tribunal.

If either party fails to appoint an arbitrator, PDRCI shall appoint the arbitrator for that party.

If after 30 days from the confirmation of the 2nd arbitration, the two arbitrators have not
agreed on the choice of the chair. PDRCI shall appoint the chair.
Notes:
Multiple claimants or the multiple respondents shall jointly appoint an arbitrator

If the parties agreed that the tribunal shall be composed of a no. other than one or
three, their appointment shall be based on method agreed upon by the parties.

Notes:
ARBITRAL TRIBUNAL IS DEEMED CONSTITUTED WHEN THE APPOINTMENT OF SOLE ARBITRATOR or the THIRD ARBITRATOR (chief) has
been confirmed by PDCRI.

PDRCI shall send notice of the confirmation to the parties and the tribunal, expressly providing for the date of the ARBITRAL TRIBUNALS
CONSTITUTION.

In case of FAILURE TO CONSTITUTE the ARBITRAL TRIBUNAL= PDRCI ( at the request of any party) constitute the arbitral tribunal and in doing so may
revoke any appointment or confirmation already made and appoint/reappoint each of the arbitrators and designate one of them as chair

NOTES ON ARBITRATORS
ON ARBITRATORS (arts 16-21)
Information on
proposed
Arbitrators
1. Full name/s

2. Address
3. Contact
details
4. Nationalitie
s
5. Description
of
qualificatio
ns

Disclosure of Arbitrator/s

Disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality
or independence.
Disclosure to be made:
a) when approached in connection with his appointment
b) from the time of appointment and throughout the arbitration (disclosure shall be made to PDRCI,
parties, other arbitrators, unless they were previously informed or were aware of such
circumstances.

Challenge of
ARBITRATORS

An arbitrator may be
challenged if
circumstances exist that
give rise to justifiable
doubts as to arbitrators
impartiality or
independence
A party may challenge the
arbitrator appointed by
him only for reasons of
which he becomes aware
after the appointment.

PROCEDURE IN CHALLENGING AN ARBITRATOR/ OR WHEN ARBITRATOR FAILS TO ACT/ WHEN IT BECOMES IMPOSSIBLE FOR AN ARBITRATOR
TO PERFORM HIS FUNCTIONS
a) Notice of appointment
APPOINTMENT is
or

WITHDRAWN

b) Notice of circumstances giving rise to


justifiable doubts as to arbitrators
impartiality

When

a) all parties agree


to the challenge
or
b) challenged
arbitrator
withdraws the
acceptance of his
appointment

Within 15 days from

Give written notice of challenge


stating the reasons therefor to PDRCI,
other parties, challenged arbitrator
Within 15 days from Notice of
If not all parties agree
to the challenge, or the
challenged arbitrator
does not withdraw w/n
15 days from notice of
challenge

PDRCI shall decide within 30


days from referral by the
Secretariat, by the arbitral
tribunal, or by any parties

If challenge is sustained by
PDRCI, a substitute arbitrator
shall be appointed/ chosen
*** PDRCIs decision on the
challenge is final