East African Court of Justice Arbitration Rules, 2012 In exercise of the powers conferred on the East African Court of Justice by Article 42 of the Treaty for the Establishment of the East African Community, the Court hereby makes the following Rules of Arbitration: PART 1 - PRELIMINARY Rule 1: Citation, application and definitions (1) (2) (3) (4) These Rules may be cited as the East African Court of Justice Arbitration Rules, 2012. They shall come into force on such date as the President may appoint by notice in the Gazette. Unless the parties to arbitration agree otherwise:(a) these Rules shall apply to every arbitration under Article 32 of the Treaty; b) the parties to any arbitration may agree in writing to modify or waive the application of these Rules; c) where any of these Rules is in conflict with any provision of the law applicable to arbitration from which the parties cannot derogate, that provision shall prevail. Unless otherwise agreed by the parties, if any party fails without sufficient cause, to do any act required to be done under these Rules, the Tribunal may make such order as it shall deem appropriate in the circumstances of the case. In these Rules, unless the context otherwise requires:“Appointing authority” means the President or Vice President when acting on behalf of the President in his or her capacity as the person appointing an arbitrator in accordance with Rules 8 and 18 of these Rules. “Arbitral award” means any award of the Tribunal and includes an interim award, a partial or a final award; “Arbitration” means any proceedings instituted under Article 32 of the Treaty; “Arbitration agreement” means an agreement in terms of Article 32 of the Treaty; “Arbitrator” means a judge or judges of the Court appointed to constitute Tribunal; “Claimant” means any party initiating recourse to arbitration; “Community” means the East African Community established by Article 2 of the Treaty; “Court” means the East African Court of Justice; “Deputy Registrar” means the Deputy Registrar of the Court; “Document” means a writing of any kind, whether recorded on paper, electronic, audio or visual recording or any other mechanical or electronic means of storing; “Institution” means an institution of the Community established by Article 9 of the Treaty; 1