| 8. |
Default in Filing and Serving of Case Statements |
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| 8.1. |
If the Claimant fails within the time specified under these Rules or as may be fixed by the Tribunal, to submit its Statement of Case, the Tribunal may issue an order for the termination of the arbitral proceedings or make such other directions as may be appropriate in the circumstances. |
| 8.2. |
If the Respondent fails to submit a Statement of Respondent's Defence, the Tribunal may nevertheless proceed with the arbitration and make the award. | |
| 9. |
Further Written Statements |
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| 9.1. |
The Tribunal will decide which further written statements, in addition to the case statement(s) already filed, are required from the parties and shall fix the periods of time for giving, filing and serving such statements. |
| 9.2. |
All such further statements shall be given to the Tribunal, filed with the Registrar and served on the Claimant or Respondent, whichever is applicable. | |
| 10. |
Chamber to Provide Assistance |
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| 10.1. |
At the request of the Tribunal or either party, the Registrar will render such assistance as is required for the conduct of the arbitration, including arranging for facilities, suitable accommodation for sittings of the Tribunal, secretarial assistance or interpretation. |
| 10.2. |
Any additional expense incurred or to be incurred for any such arrangements shall be borne by the parties. | |
| 11. |
Appointment of Tribunal |
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| 11.1. |
A sole Arbitrator shall be appointed unless the parties have agreed otherwise. |
| 11.2. |
If a sole Arbitrator is to be appointed, the Chairman will appoint the Arbitrator to determine the dispute within 21 days following receipt of all the case statements. The Chairman is not bound to appoint any of the names nominated by the parties. |
| 11.3. |
If 3 arbitrators are to be appointed, the name of the candidate proposed by each party in the Notice of Arbitration and the Response shall constitute the parties' nomination. If a party fails to make a nomination, the Chairman may proceed to appoint the arbitrator on its behalf. The third presiding arbitrator shall be appointed by the Chairman. |
| 11.4. |
An arbitrator to be appointed under these Rules shall be a person on the SCMA Panel as at the date of the appointment. | |
| 12. |
Multi-party Appointment of the Tribunal |
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| 12.1. |
If there are more than 2 parties in the arbitration, the parties shall agree on the procedure for appointing the Tribunal within 21 days of the receipt of the Notice of Arbitration. |
| 12.2. |
If the parties are unable to do so, upon the lapse of the 21 day time period mentioned above, the Tribunal shall be appointed by the Chairman as soon as practicable. | |
| 13. |
Appointment of Substitute Arbitrator |
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In the event of the death or resignation of any of the arbitrators, a substitute arbitrator shall be appointed by the same procedure as in Rule 11 by which the arbitrator concerned was appointed, failing which, the Chairman will make the appointment. |
| 14. |
Independence and Impartiality of the Tribunal |
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| 14.1. |
The Tribunal conducting an arbitration under these Rules shall be and remain at all times independent and impartial, and shall not act as advocate for any party. |
| 14.2. |
A prospective arbitrator shall disclose to those who approach him in connection with his possible appointment, any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. |
| 14.3. |
An arbitrator, once nominated or appointed, shall disclose any such circumstance referred to in Rule 14.2 to the Registrar and/or to all parties. | |
| 15. |
Challenge to the Arbitrators |
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| 15.1. |
An arbitrator may be challenged if there are circumstances that give rise to justifiable doubts as to his impartiality or independence. |
| 15.2. |
An arbitrator may also be challenged if he does not possess the qualifications required by the agreement of the parties. |
| 15.3. |
A party may challenge an arbitrator appointed on its nomination or with its agreement only for reasons of which it becomes aware after the appointment has been made. |
| 15.4. |
A party who intends to challenge an arbitrator shall file with the Registrar and serve on the other party or all other parties, whichever is applicable, a Notice of Challenge. |
| 15.5. |
The Notice of Challenge shall be filed and served within 14 days from the appointment of the arbitrator or within 14 days after the circumstances mentioned in Rule 14.2 became known to that party. |
| 15.6. |
The Notice of Challenge shall state the reasons for the challenge. |
| 15.7. |
The arbitration shall be suspended until the challenge is resolved or decided upon. |
| 15.8. |
When an arbitrator has been challenged by one party, the other party may agree to the challenge. The arbitrator may also, after the challenge, withdraw from his office. However, it is not implied in either case that there has been an acceptance of the validity of the grounds for the challenge. In both cases, the procedure provided in Rule 11 read with Rule 13, shall be used for the appointment of a substitute arbitrator. | |
| 16. |
Decision on Challenge |
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| 16.1. |
If the other party does not agree to the challenge and the challenged arbitrator does not withdraw, the decision on the challenge will be made by the Chairman. |
| 16.2. |
If the Chairman sustains the challenge, a substitute arbitrator shall be appointed or chosen pursuant to the procedure applicable to the appointment of an arbitrator as provided in Rule 11 read with Rule 13. |
| 16.3. |
The Chairman's decision shall be final and shall not be subject to appeal. | |
| 17. |
Replacement of the Tribunal |
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| 17.1. |
In the event of death or resignation of an arbitrator during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in Rule 11 read with Rule 13 that was applicable to the appointment of the arbitrator being replaced. |
| 17.2. |
In the event that the Tribunal fails to act or in the event of the de jure or de facto impossibility of it performing its functions, the procedure in respect of the challenge and replacement of a Tribunal as provided in Rules 15 and 16 shall apply. | |
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