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第2题
Under the SCC Rules three arbitrators are appointed unless the SCC Institute decides, at its discretion, that the arbitral tribunal should consist of a sole arbitrator. However the parties may agree otherwise. Each party appoints one arbitrator and the SCC Institute the third who will act as chairman of the arbitral tribunal, unless the parties have decided otherwise. There is no list of arbitrators but the parties may appoint any person of any nationality as arbitrator, as long as he is impartial and independent.
The parties may be represented or assisted by any person of any nationality in the proceedings.
The parties are also free to agree on :
·The place of arbitration
·The language to be used in the proceedings
·The law, or rules of law, to be applied to the substance of the case
The arbitrators act on the basis of presentations-both oral and written-submitted by the parties.
The award shall be rendered within six months and no appeal is permitted on the merits .
Claimant files its request for arbitration, appoints an arbitrator and provides the registration fee
The request for arbitration shall include the names and addresses of the parties and their counsel, a summary of the dispute, a preliminary statement of relief sought, a copy of the arbitration agreement and, the name and address of the appointed arbitrator.
The request may be faxed to the SCC Institute or sent by e-mail. However, if the request is extensive, paper copies are preferred. In such case, the request should be submitted in five copies.
At the same time as the request for arbitration is filed, the claimant shall pay a registration fee.
SCC Institute
The SCC Institute makes a preliminary check on its jurisdiction and, if the registration fee is provided, notifies the respondent.
Respondent submits its reply to the request for arbitration and appoints an arbitrator
The reply shall include comments on the request and the name and address of the appointed arbitrator. Furthermore, the respondent should submit any counterclaim or set- off claim and any objections regarding jurisdiction. The reply may be brief.
Failure from the respondent to submit a reply does not prevent the SCC Institute from proceeding with the arbitration.
SCC Institute appoints a chairman and determines the advance on costs
If the respondent fails to submit its reply, or if' the reply does not contain any information regarding an arbitrator, the SCC Institute appoints an arbitrator on the respondent's behalf.
Furthermore, apart from appointing the Chainnan and determining the Advance on Costs , the Institute decides the place of arbitration, should the parties not have determined it already.
Should the parties have decided another procedure regarding the appointment of the chairman, the SCC Institute will consider such decision.
Following the above said decisions the SCC Institute requests the parties to provide the advance on costs.
Claimant provides its part of the advance on costs
The advance on costs shall be provided in cash. However, part of the amount may be provided by way of a bank guarantee. The SCC Institute keeps model guarantees for such purpose.
Generally, Lhe parties are asked to provide the advance on costs with half each. Should the respondent fail to provide its part of the amount the claimant will be asked to provide the entire amount.
Respondent provides its part of the advance on costs
The advance on costs shall be provided in cash. However, part of the amount may be provided by way of a bank guarantee. The SCC Institute keeps model guarantees for such purpose.
Generally, the parties are asked to provide the advance on costs with half each. The respondent may not pursue a counterclaim wiLhout providing an advance on costs.
SCC Institute refers the case to the arbitral tribunal
Following the payment of the advance on costs, the case is referred to the arbitral tribunal.
The arbitral tribunal
The manner of conducting the proceedings is determined by the arbitral tribunal in compliance with the conditions set down in the arbitration agreement and the SCC rules. Due account is taken to the wishes of the parties.
Unless the parties have agreed on the language to be used in the proceedings, the arbitral tribunal will, after consultation with the parties, make such decision.
Unless the parties have agreed which law, or rules of law, shall apply to the merits of the dispute, the arbitral tribunal will apply the law, or rules of law, that it considers to be most appropriate.
The arbitral tribunal requests the claimant to submit a statement of claim. The respondent will be requested to submit a statement of defence.
Claimant submits its statement of claim
The claimant shall submit a statement of claim, including the following (unless already submitted) :
·The relief sought
·The material facts and circumstances
·A preliminary statement of evidence
The claimant may amend its claim in the course of the proceedings if the amendments are comprised by the arbitration agreement and the arbitral tribunal does not oppose thereto on account of the point of time of the amendment, the prejudice that may be caused to the other party or other circumstances.
Respondent submits its statement of defence
The respondent shall submit a statement of defence, including the following (unless already submitted) :
·A statement as to whether the respondent denies or accepts the relief sought by the claimant
·The material facts and circumstances
·Any counterclaim or set-off claim and the grounds therefore
·A preliminary statement of evidence
The respondent may amend its counterclaim or set-off claim in the course of the proceedings if the amendments are comprised by the arbitration agreement and the arbitral tribunal does not oppose thereto on account of the point of time of the amendments, the prejudice that may be caused to the other party or other circumstances.
The arbitral tribunal summons the parties to a hearing
An oral hearing shall be arranged if requested by either party, or if the arbitral tribunal considers it appropriate. The arbitral tribunal shall determine the time for the hearing, its duration and how it is to be organized, including the manner in which evidence is to be presented. When planning the hearing, the arbitral tribunal shall take into account the wishes of the parties.
At the hearing the parties shall, at the request of the arbitral tribunal, state the evidence on which they intend to rely.
Despite a party's failure to appear at the hearing, the arbitral tribunal may decide to continue the hearing and render an award.
The arbitral tribunal renders an award
An award shall be rendered not later than six months as from the date when the case was referred to the arbitral tribunal.
At the request of a party, a separate issue or part of the matter in dispute may be decided in a separate award.
If a party withdraws a claim the other party may request the arbitral tribunal to rule on the claim. A condition for such ruling is that the party requesting the award has paid an advance on costs.
When rendered an award is final and binding for the parties.
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第4题
