No-Lawyers RULES CAS 

 

PART I - GENERAL PROVISIONS

ARTICLE 1 - APPLICATION

  1. These Rules shall apply if the arbitration is to be conducted under the Rules of the Caspian Arbitration Society pursuant to Article 1 thereof, and the parties agree to the No-Lawyers procedure. These rules shall likewise apply if the parties agree in writing to resolve their disputes under the CAS No-Lawyers Rules or the tribunal concludes that they have so agreed in writing.

  2. The parties may agree on the application of these Rules at any time prior to any arbitrator accepting appointment.

ARTICLE 2 - NO LAWYERS

  1. In any arbitration conducted under these Rules:

    1. the parties shall not be represented by lawyers; and

    2. no lawyers shall be entitled to attend any arbitration hearings together with or on behalf of any of the parties.

  2. For the purposes of this Article, a lawyer means any person who has a bachelor or master’s degree in law or equivalent, including any mixed degrees such as law and politics, or who is admitted to practice law in any jurisdiction.

  3. Articles 2.1(a) and (b) shall not apply to lawyers (as defined in sub-paragraph 2) who are and have been full-time employees of either of the parties for at least 1 year prior to the arbitration proceedings being commenced under these Rules.

ARTICLE 3 - NO LEGAL COSTS

  1. In an arbitration under these Rules, the parties shall not be entitled to recover any costs of legal representation. 

  2. The Tribunal may rule that the winning party is entitled to an award of costs to cover reasonable disbursements incurred for the purposes of the arbitration including, without limitation, the Tribunal’s and CAS fees, printing and postal charges, expert and other fees necessary for the purposes of the arbitration.

  3. The Tribunal may decide that there shall be no award on costs or that an award of costs shall be reduced in view of the winning party’s conduct in the arbitration, any settlement offers or in view of the winning party’s case has failed on one or more issues.

ARTICLE 4 – NO HEARINGS

  1. Unless the parties agree otherwise, there shall be no oral hearings.

  2. In the event that the Tribunal rules or the parties decide that there shall be an oral hearing, the hearing shall be held via Zoom or similar video-conferencing service of the parties’ choice, unless the parties agree or the Tribunal rules otherwise.

ARTICLE 5 – NO PROCEDURAL COMPLICATIONS

  1. By agreeing to these Rules, the parties shall be deemed to have waived (to the extent that such waiver is permissible under the applicable law) their right to do any of the following:

    1. seek any interim relief either from the Tribunal or from any competent Courts, including but not limited to interim injunctions, security for the claim, security for costs or any order for preservation of evidence or assets;

    2. make any application for an extension of time which would exceed 28 days from the date when a step is required to be taken pursuant to these Rules;

    3. seek any partial or interim award;

    4. appeal the Tribunal’s award on a point of law; and

    5. prior to the outcome of the arbitration, take any measures outside of the arbitration to enforce any rights or obligations at issue in the arbitration.

  2. If a party breaches Article 5.1(e), the Tribunal shall issue an anti-suit injunction restraining the other proceedings and award damages to the innocent party to cover any amounts spent on the other proceedings (including any legal fees).

ARTICLE 6 – ONE ARBITRATOR

  1. Unless the parties agree otherwise, in an arbitration conducted under these rules, the Tribunal shall consist of one arbitrator to be appointed by the Advisory Board of the Caspian Arbitration Society.                            

  2. Each party shall propose a list of three arbitrators from among the members of the Caspian Arbitration Society. The Advisory Board of the Caspian Arbitration Society shall be free to appoint, at its discretion, either one of those candidates or another candidate which it considers appropriate from list of members than available on the website of the Caspian Arbitration Society.

ARTICLE 7 – MINIMAL INVOLVEMENT OF NATIONAL COURTS

  1. To the extent permissible by the applicable law, the parties’ right to appeal or make any other applications to national Courts shall be excluded.

  2. Where the matter can be resolved by the Tribunal and it is permissible, under the applicable national law, to exclude the right of appeal in relation to that matter, the Tribunal’s decision shall be final and binding and the right of appeal shall be so excluded.  

  3. Where the matter cannot be resolved by the Tribunal or under the applicable national law the right of appeal in relation to that matter cannot be excluded, the matter shall be dealt with in the following way:

 

  1. where a party requires a decision on the interpretation of these rules, the matter shall be referred to the Advisory Board of the Caspian Arbitration Society, whose decision on the matter shall be final and binding and, subject to any contrary provisions of the applicable national law, not subject to appeal;

  2. where a decision is required in relation to the Tribunal (for example, its appointment, challenge or replacement), the matter shall be referred to the Advisory Board of the Caspian Arbitration Society, whose decision on the matter shall be final and binding and, subject to any contrary provisions of the applicable national law, not subject to appeal;

  3. where the applicable national law provides for a right of appeal in relation to a matter which cannot be excluded (for instance, appeals on jurisdictional grounds), the matter shall, in the first instance, be referred to the Advisory Board of the Caspian Arbitration Society, the Advisory Board of the Caspian Arbitration Society may uphold, vary or set aside the Tribunal’s award, and it is the decision of the Advisory Board of the Caspian Arbitration Society which, if a party wishes to appeal, shall then be appealed to the competent Court.

ARTICLE 8 – FIXED ARBITRATION COSTS

  1. The arbitration costs and the Tribunal’s fees shall be fixed at US$10,000, with US$1,000 payable to the Caspian Arbitration Society and US$9,000 payable to the arbitrator, provided that the following conditions are satisfied:​

    1. arbitration is conducted in accordance with the directions set out below, and there are no procedural applications to the Tribunal other than applications (i) for an extension of time; (ii) for an oral hearing, or (iii) for disclosure of documents.

    2. there are no applications to the Advisory Board of the Caspian Arbitration Society, and the Advisory Board’s role is limited to the appointment of the Tribunal, and

    3. the parties’ arbitration agreement provides for the sole arbitrator.

  2. there are no oral hearings;

  3. ​The CAS fee envisaged by sub-paragraph 1 of this rule (i.e. US$1,000) shall be paid by the party commencing arbitration at the time of filing of the letter claim. Payment shall be made to the account nominated by the Caspian Arbitration Society.

  4. If the conditions in sub-paragraph 1 are not satisfied, then: 

    1. the arbitrator(s) shall be entitled to charge at their usual hourly rates, of which they shall inform the parties as soon as practicable; and

    2.  

    3. the members of the Advisory Board involved in any decision under these rules shall be entitled to charge at their usual hourly rates, to be confirmed to the parties if and when an application is made to the Advisory Board.

  5. If sub-paragraph 4 applies, then, in respect of CAS and the Tribunal: 

    1. the US$1,000 paid to CAS shall be treated as a non-refundable commencement fee; 

    2. in respect of any fees due to the Tribunal, the US$9,000 shall be treated as an advance on the Tribunal’s fees;

    3. all advances shall be paid by the parties in equal shares;

    4. the Tribunal may increase the advance as it considers appropriate and requests that the advance be paid within 14 days or later following the appointment of the Tribunal;

    5. the Tribunal may ask one or more advances on its fees;

    6. the Tribunal shall issue invoices for its fees at least every once every two months and apply the money held as the advance to cover the invoice;

    7. the Tribunal’s invoices shall be emailed to the parties and to casework@caspian-arbitration.com;

    8. any balance of the advance remaining upon the final award being rendered shall be refunded to the parties in the same proportions as it has been paid;

    9. when the Tribunal issues an invoice in accordance with sub-paragraph 5(f), the CAS shall issue an invoice for its fees in the amount of 10% of the sum invoiced by the Tribunal, and the parties shall pay the invoice within 14 days of receipt;

    10. where a party fails to pay its share of a Tribunal or a CAS invoice, the other party shall make payment in its stead upon request from the Tribunal or CAS;

    11. where an invoice remains outstanding for more than 28 days, the proceedings shall be stayed; and

    12. where an invoice or a request for an advance remains unpaid for more than 56 days, (i) the proceedings shall be terminated; (ii) the claimant’s claims shall be dismissed with prejudice (i.e. without the right to reinitiate the same claims elsewhere); and (iii) the Tribunal and/or the CAS may pursue the defaulting party or parties for their fees in the appropriate forum.

  6. If sub-paragraph 4 applies, then, where an Advisory Board is asked to rule on an application:

    1. the Advisory Board shall prepare its ruling and then issue an invoice for its work;

    2. the Advisory Board shall issue an invoice for its services and shall send it to the parties;

    3. the party making the application shall pay the invoice as soon as practical and in any event within 14 days of the invoice being issued;

    4. upon receiving payment, the Advisory Board shall release its ruling to the parties and the Tribunal; 

    5. the Tribunal may rule that the respondent to the application shall compensate the applicant for all or part of the fees charged by the Advisory Board for the application;

    6. where an invoice of the Advisory Board remains unpaid for more than 28 days, the application shall be dismissed, and the CAS / Advisory Board shall be entitled to pursue the applicant for the invoiced fees.

  7. The standard CAS Fee Schedule shall not apply to arbitrations under these No-Lawyers Rules.

 

PART II – CASE MANAGEMENT

ARTICLE 9 – NO CASE MANAGEMENT CONFERENCE

  1. There shall be no case management conference unless the Tribunal rules or the parties agree otherwise.

  2. In the event that there is a case management conference, whether held in person or over the telephone or video conference, it shall be treated as an oral hearing within the meaning of Article 8(1)(a) of these rules.

  3. All arbitrations under these rules shall proceed in accordance with the below directions unless the parties agree otherwise or the Tribunal is of the view that there is a serious risk that justice will not be achieved if these directions are followed. If the Tribunal is of this view, then it shall make such directions as it considers appropriate in order to enable it to resolve the case fairly, bearing in mind the need for procedural efficiency and the costs savings which the parties are assumed to have intended by choosing these No-Lawyers Rules.

 

ARTICLE 10 – PRE-ACTION PROTOCOL

  1. Prior to commencing arbitration, the claimant shall write to the respondent setting out the factual background to their claim, attaching all relevant documents and explaining why they consider that they are entitled to the relief they seek. 

  2. The respondent shall, within a maximum of 5 days of receiving the claimant’s letter, set out its own version of the factual background and provide any reasons for which they consider that they are not obliged to comply with the claimant’s requests.

  3. The Tribunal shall not lose jurisdiction in the event that these pre-action steps are not taken by the parties, however, the Tribunal shall be entitled to take this into account when allocating costs.

ARTICLE 11 – HOW TO START ARBITRATION

  1. The party wishing to start an arbitration shall prepare a letter of claim (which shall be deemed to be the notice of arbitration and a statement of claim combined in one document), and the letter shall contain the following information:​

    1. a statement to the effect that the claimant is seeking to refer the parties’ dispute to arbitration;

    2. the full name and contact details (address, telephone number, email address) of the claimant;

    3. the names and contact details (address, telephone number, email address) of all other parties;

    4. three names of the claimant’s proposed nominees for the sole arbitrator or, where the parties have agreed to a Tribunal of three arbitrators or two arbitrators and an umpire, the name and contact details (address, telephone number, email address) of the claimant’s nominee;

    5. a chronology of all the relevant facts containing at least one separate numbered paragraph for each date, with references to all the documents upon which the claimant wishes to rely;

    6. a statement of relief which the claimant seeks (for example, damages or an injunction);

    7. a confirmation that the US$1,000 fee has been paid to the account nominated by the Caspian Arbitration Society.

  2. The letter of claim, including all accompanying documents, shall be sent to casework@caspian-arbitration.com.

  3. The letter of claim shall likewise be sent to the respondent by email where the claimant has proof that the respondent uses the relevant email. Where the claimant has no proof that the respondent is using the relevant email at the time of filing, the letter of claim shall be sent by courier to the respondent’s registered or last known address with delivery confirmation. The Tribunal may request that the relevant proof / delivery confirmation be disclosed before proceeding with the arbitration.

  4. The letter of claim shall not exceed 20 pages.

  5. Failure to comply with the above requirements shall not result in the letter of claim automatically being a nullity, and instead shall be considered to be a defect capable of being remedied. Where the Tribunal or the Advisory Board of the Caspian Arbitration Society invites the claimant to remedy the defect and the claimant does not do so within 14 days of being so requested, the letter of claim shall then be considered to be a nullity and the arbitration as never having been commenced. Any fees paid by the claimant to the Caspian Arbitration Society or the Tribunal shall be deemed forfeited and/or paid in consideration of the Caspian Arbitration Society / Tribunal considering the letter of claim.

ARTICLE 12 – HOW TO ANSWER

  1. The respondent shall, within 28 days of receiving the letter of claim, prepare its answer and the answer shall include the following information:

    1. the full name and contact details (address, telephone number, email address) of the respondent;

    2. three names of the respondent’s proposed nominees for the sole arbitrator or, where the parties have agreed to a Tribunal of three arbitrators or two arbitrators and an umpire, the name and contact details (address, telephone number, email address) of the respondent’s nominee;

    3. any comments on the procedure, including the application of these rules, interpretation of the arbitration clause, the appointment of the Tribunal and so forth;

    4. in relation to each numbered paragraph of the chronology contained in the letter of claim pursuant to Article 10(1)(e), a confirmation as to whether the respondent (i) agrees with the said statement (in which case no further statements are required) (ii) denies the said statement (in which case the respondent shall set out its own version of events and all the relevant documents upon which it relies); or (iii) puts the claimant to proof of the said statement;

    5. in relation to the request for relief contained in the letter of claim, a confirmation as to whether the respondent (i) agrees that all or any part of the relief sought is due; and (ii) if the respondent considers that all or part of the relief is not due, reasons for which the respondent so considers.

  2. ​The answer, including all accompanying documents, shall be sent to casework@caspian-arbitration.com and to the email address provided by the claimant in its letter of claim.

  3. The answer shall not exceed 20 pages.

  4. Failure to comply with the above requirements shall not result in the answer automatically being considered a nullity, and instead shall be considered to be a defect capable of being remedied. The Advisory Board of the Caspian Arbitration Society may, if it so wishes, invite the respondent to remedy the defect. The Tribunal, once appointed, shall have the choice of either (i) continuing with the arbitration despite the defect; or (ii) inviting the respondent to remedy the defect. Whereas a result of the defect the arbitration cannot continue, the Advisory Board or the Tribunal, if appointed, shall invite the respondent to remedy the defect and, if the defect is not remedied within 14 days of the request, the answer shall be deemed void and the arbitration shall proceed as if no answer has been filed.

 

ARTICLE 13 – WHAT HAPPENS IF NO ANSWER IS FILED

  1. In the event that the respondent does not email its answer to the Caspian Arbitration Society and the claimant as required by Article 12, the Advisory Board of the Caspian Arbitration Society shall appoint the Tribunal. The Advisory Board is not obliged to appoint any of the candidates nominated by the claimant pursuant to article 11(d), but may nevertheless choose to do so at its discretion.

  2. Upon the Tribunal being appointed by the Advisory Board, the Tribunal shall issue an invoice in the amount of the fixed fee prescribed by Article 8(1), i.e. US$9,000. The invoice shall be emailed to the claimant and to casework@caspian-arbitration.com.

  3. The claimant shall pay the invoice within 14 days of receiving it.

  4. Upon receiving payment, the Tribunal shall require that the claimant provide proof that the letter of claim has been delivered to the respondent. The Tribunal may likewise, on its own initiative, contact the respondent to ascertain whether or not the letter of claim has been received.

  5. Where the Tribunal is satisfied that all reasonable steps have been taken to bring the letter of claim to the respondent’s attention and that the respondent has nevertheless failed to file its answer, the Tribunal shall:

    1. order the claimant to provide such additional information and documents, if any, as the Tribunal may consider necessary to render the final award;

    2. in the event that such documents and information are provided, grant the relief sought by the claimant by a final award, unless the Tribunal considers that the claimant’s claims are wholly without merit;

    3. in the event that such documents and information are not provided, grant in a final award such part of the relief sought by the claimant, if any, as the Tribunal may consider appropriate in view of the documents and information available to it.

  6. The claimant shall serve the final award so granted upon the respondent both by email and to its registered or last known address and send proof of service to the Tribunal and to casework@caspian-arbitration.com.

  7. By failing to participate in the arbitration, the respondent is deemed to have waived its right to dispute the claimant’s claims on the merits and/or quantum, however, it is not deemed to have waived the right to challenge the Tribunal’s jurisdiction.

ARTICLE 14 – WHAT HAPPENS AFTER THE ANSWER IS FILED

  1. Following receipt of the answer, the Advisory Board of the Caspian Arbitration Society shall appoint the Arbitral Tribunal.

  2. The Advisory Board may, but is not obliged to, appoint one of the arbitrators proposed by the parties.

  3. The arbitrator shall be selected from one of the members of the Caspian Arbitration Society and shall have the appropriate qualification and experience to deal with the matter at issue.

  4. Where the parties agree on a three-member Tribunal, the Advisory Board shall appoint the third arbitrator as per sub-paragraphs (1) to (3) of this article.

  5. Upon the Tribunal being appointed, the Tribunal shall issue an invoice in the amount of the fixed fee prescribed by Article 8(1), i.e. US$9,000, provided that there is one arbitrator or, if there is more than one arbitrator, request an advance on its anticipated fees. The invoice shall, in all cases, be emailed to the claimant and to casework@caspian-arbitration.com.

  6. The invoice shall be paid within 14 days of being issued.

 

ARTICLE 14 - REPLY

  1. Within 14 days of the Tribunal being appointed, the claimant may, if it so wishes, file a reply.

  2. The reply shall be limited to addressing the allegations made in the answer and shall not exceed 1,000 words.

  3. The reply shall be accompanied by all documents upon which the claimant seeks to rely, and which have not been provided with the letter of claim.

  4. The reply shall not advance any new claims, i.e. claims which have not been advanced in the letter of claim.

 

ARTICLE 15 – WHAT HAPPENS NEXT

  1. Upon receiving payment in accordance with Article 14(6), the Tribunal shall review the letter of claim, the answer and the reply, and shall write to the parties stating its views as to:

    1. whether any additional information is required to make a final award and how and when that information is to be provided (for instance a letter of rejoinder or an addendum to the letter of claim or answer, a witness statement, an expert report or additional documents); and

    2. whether the Tribunal believes that an oral hearing is necessary, how long in the Tribunal’s view it is likely to last and when the Tribunal is available to hold the hearing.

  2. ​Within at 5 pm Geneva time within 7 days of the Tribunal’s letter pursuant to sub-paragraph (1), the parties shall simultaneously file their comments on the Tribunal’s proposed course of action, indicating what they agree and do not agree with. Where a party disagrees with the proposed course of action it shall state its reasons and propose what it believes to be the appropriate course of action.

  3. The Tribunal shall within 7 days of receiving the parties’ correspondence make a ruling on the onward procedural steps and, if required, set a hearing date. The Tribunal may rule that no further procedural steps are required and that the Tribunal will proceed to make a final award.

ARTICLE 16 – DISCLOSURE

  1. There shall be no separate procedural stage for the disclosure of documents.

  2. Where a party believes that a document exists which is relevant to the outcome of the case, that document is in possession of the other party and it has not been provided together with the letter of claim, answer or reply, that party may seek disclosure of the document in the letter envisaged by Article 15(2).

  3. As part of its directions in accordance with Article 15(3), the Tribunal may grant the party from whom disclosure is sought an opportunity to answer the request. There shall be no replies.

  4. Where a party fails to comply with the Tribunal’s disclosure order, the Tribunal may make such adverse inferences as it considers appropriate.

ARTICLE 17 – EXPERT AND WITNESS EVIDENCE

  1. Where a party wishes to rely on expert or witness evidence, such evidence shall be filed together with the letter of claim or answer, as may be appropriate

  2. Where, and only where, the evidence is necessary to address the allegations advanced in the answer, the evidence may be filed together with the reply.

 

ARTICLE 18 – COUNTERCLAIMS

  1. The respondent shall not be entitled to bring any counterclaims.

  2. Where the respondent has a counterclaim, that counterclaim may be advanced by a separate letter of claim and in accordance with the procedure set out above.

  3. In the event that there are two or more claims / counterclaims between the same parties, and those disputes may be resolved by a Tribunal with the same qualifications and experience, the Advisory Board shall appoint the same Tribunal in all disputes, unless there are other factors which in the Advisory Board’s view make it undesirable for there to be the same Tribunal.

  4. In the event that the parties agree or the Tribunal rules that there shall be an oral hearing, the Tribunal may decide to deal with the parties claims / counterclaims at the same hearing.

ARTICLE 19 - APPLICABLE LAW AND SEAT OF THE ARBITRATION

  1. Where the parties failed to agree on the applicable law or the seat of the arbitration in the arbitration agreement or any time prior to commencement of the arbitration, the parties shall be deemed to have agreed that:

    1. the law applicable to their arbitration agreement is the substantive law of England and Wales; and

    2. the seat of the arbitration is in London, United Kingdom.

  2. Where the parties have agreed to an applicable law which is other than the law of England and Wales but have not agreed on the seat of the arbitration, the seat of the arbitration shall be in Geneva, Switzerland.

  3. Where the parties have agreed to a seat of the arbitration, which is other than London, United Kingdom, but have not agreed on the applicable law, the applicable law shall be the substantive law of Switzerland. ​

 

ARTICLE 20 - FORMATION OF THE TRIBUNAL, CHALLENGE AND REPLACEMENT

  1. If the arbitration agreement does not specify the number of arbitrators, the agreement shall be deemed to provide for a Tribunal of one arbitrator.

  2. Where the parties agree on a three-member tribunal:

    1. the Claimant shall appoint its arbitrator in the letter of claim;

    2. the Respondent shall appoint its arbitrator in the answer; and

    3. the two arbitrators so chosen shall select the umpire or the third arbitrator as may be appropriate.

  3. Where the two arbitrators cannot appoint the third arbitrator or an umpire within 10 days of one calling upon the other to do so, the third arbitrator or the umpire shall be appointed by the Advisory Board of the CAS. ​

  4. A party may challenge any arbitrator for a lack of impartiality or independence or if the arbitrator repeatedly fails to fulfil his duties or is unable to participate properly in the conduct of the arbitration for a substantial period of time. The challenge shall be made in writing submitted to the Advisory Board of the CAS with a copy to all other parties to the proceedings.

  5. The party wishing to challenge an arbitrator shall do so within 10 days of the notification to the party of the appointment or confirmation of the arbitrator, or within 10 days of the date on which the circumstances giving rise to the challenge became known to the party whichever is later.

  6. If a party or parties oppose the challenge, they shall make their observations upon the challenge, if any, to the Advisory Board of the CAS within 5 days of receiving the challenge. The Advisory Board shall then rule on the matter.

  7. The Application of Challenge shall not in any manner suspend arbitral proceedings unless otherwise agreed by the parties or decided upon by the Tribunal of its own motion.

  8. An arbitrator shall be replaced:

    1. in the event of death;

    2. when the challenge of the arbitrator is successful; or

    3. if the voluntary resignation of an arbitrator is accepted by the parties.

  9. Pending any such replacement, the arbitral proceedings shall be suspended, unless otherwise agreed by the parties.

  10. If the challenge is successful or in case of replacement, the party whose arbitrator has been replaced shall appoint a new arbitrator in his place within 7 days of the prior arbitrator being released from appointment. Where the arbitration agreement provides for the appointment of the arbitrator or arbitrators by the Advisory Board of the CAS or other Appointing Authority, the replacement arbitrator shall be appointed by the Advisory Board of the CAS or the other Appointing Authority as may be the case.

ARTICLE 21 - JURISDICTION OF THE TRIBUNAL

  1. The Tribunal shall have the power to rule on its jurisdiction and determine objections to its jurisdiction.

  2. The Tribunal shall be entitled to rule on the existence or the validity of the contract of which an arbitration clause forms part, provided that the arbitration clause shall be treated as an agreement independent of the other provisions and clauses of the contract.

  3. Any objection to the Tribunal’s jurisdiction shall be raised no later than in the answer to the letter of claim.

  4. Any objection that the Tribunal is exceeding the scope of its authority and is acting ultra petita shall be lodged as soon as the matter alleged to be beyond the scope of the Tribunal’s authority is raised and addressed by the parties or by the Tribunal during the arbitral proceedings.

  5. The Tribunal may, at its own discretion, find late objections to be admissible when the delay is found to be justified due to exceptional circumstances as demonstrated by the objecting party.

ARTICLE 22 - LANGUAGE

  1. The language of the arbitration shall be the language specified in the arbitration agreement, or failing this, the language of the arbitration agreement itself unless otherwise agreed by the parties.

  2. Where the arbitration agreement is in several languages one of which is English, the arbitration shall be in the English language.

  3. Where the arbitration agreement is in several languages other than English, the Tribunal shall determine the language of the arbitration having regard to any observations of the parties and the circumstances of the arbitration.

  4. The Tribunal may order that any documents submitted by the parties in languages other than the language of the arbitration be translated in whole or in part into the language of the arbitration.

ARTICLE 23 - CLOSING OF THE PROCEEDINGS

  1. The Tribunal shall declare the proceedings closed following the last hearing (if applicable) or the filing of the last authorised submission.

  2. No submissions, arguments or evidence submitted after the closure of proceedings shall be deemed admissible unless so authorised by the Tribunal, such authorisation being reserved for exceptional circumstances only.

ARTICLE 24 – AWARD

  1. The Tribunal shall render an award within the 1-month period after the last authorised submission was filed by the Parties or within 1 month of the final hearing.

  2. The Tribunal shall issue a joint award on the matters of jurisdiction, merits and quantity. No separation of the jurisdictional issues and merits shall be allowed under these Rules. If a party challenges jurisdiction of the Tribunal, it is to be resolved by the Tribunal at the same time as the Tribunal issues the final award.

  3. An award shall include post-award interest to be determined by the Tribunal.

  4. Any reasoning contained in the Tribunal’s award shall be limited to 5 pages, excluding any factual background.

ARTICLE 26 - SETTLEMENT

  1. If, before the final award is made, the parties settle the dispute, the Tribunal may issue an order for the termination of the arbitral proceedings.

  2. Where the parties reach a settlement after commencement of the arbitration, provided that the Tribunal has been constituted and the case has been referred to the Tribunal, the parties may request the settlement to be recorded in the form of an award made by consent of the parties provided that at the time of the request the Tribunal is still in office. The Tribunal shall have full discretion as to the acceptance or refusal of such a request.

 

ARTICLE 27 – FINAL PROVISIONS

 

  1. Articles 25-30 of the CAS Rules shall be incorporated in these Rules.

Contact

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1204 Geneva

Switzerland

phone: +41 22 575 41 75

www.caspian-arbitration.com

info@caspian-arbitration.com

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