Rule 10: Mode of Submitting and Service
(1)
All pleadings and annextures thereto, shall be supplied in a number of copies
sufficient to provide one copy for each party plus one for each arbitrator and one for
the Registrar.
(2)
All notifications or communications from the Registrar and the Tribunal shall be
made to the last address of the party or its representative for whom the same are
intended, as notified either by the party in question or by the other party. Such
notification or communication may be made by delivery against receipt, registered
post, courier, facsimile transmission, telex, telegram, or any other means of
telecommunication that provides a record of the sending thereof.
(3)
Notifications or pleadings and other written communications submitted by any party,
as well as all documents communication shall be deemed to have been made on the
day it was received by the party itself or its representative, or would have been
received if made in accordance with sub-rule (2).
Rule 11: Rules Applicable to the Substance of a Dispute.
(1)
The Tribunal shall decide the dispute in accordance with the law chosen by the
parties. But if the parties expressly authorize it to do so, the Tribunal shall decide on
the substance of the dispute according to considerations of justice and fairness
without being bound by the rules of law (amiable compositeur or ex aequo et bono).
(2)
The choice of the law or legal system of a designated State shall be construed, unless
otherwise agreed by the parties, as directly referring to the substantive law of that
State and not its rules of conflict of laws.
(3)
Failing a choice of the law by the parties, the Tribunal shall apply the rules of law it
considers to be appropriate given all the circumstances of the dispute.
(4)
In all cases, the Tribunal shall decide in accordance with the terms of the particular
contract and shall take into account the usages of the trade applicable to the particular
transaction.
Rule 12: Preliminary Conference
(1)
Before proceeding with arbitration, the Tribunal shall hold a preliminary conference
with the parties to draw up the document defining the agreed Terms of Reference,
which shall include the following:6