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PDF AIAC ARBITRATION RULES

The following model arbitration clause may be adopted by the Parties: “Any dispute controversy or claim arising out of or relating to this contract or the breach termination or invalidity thereof shall be settled by arbitration in accordance with the AIAC Arbitration Rules ” At the option of the Parties the following may be included in the Mode

PDF AIAC i-Arbitration Rules 2021

1 2 The AIAC i-Arbitration Rules shall take effect from 1st November 2021 and shall unless otherwise agreed to by the Parties apply to any arbitration commenced on or after that date 1 3 The AIAC i-Arbitration Rules consist of the following parts: Part I – AIAC i-Arbitration Rules and Part II – Schedules 1 4

PDF 2024-01 AIAC Arbitration Rules 2023

January 2024 Malaysia Introduction The Asian International Arbitration Centre (\"AIAC\") regularly revises its arbitration rules (\"AIAC Rules\") to keep up-to-date with modern arbitration practice On 24 August 2023 the AIAC Arbitration Rules 2023 (\"2023 Rules\") came into effect

PDF CONTENT

ASIAN INTERNATIONAL ARBITRATION CENTRE (AIAC) 6 Guide to AIAC Fast Track Arbitration Rules 1 The English text prevails over other language versions 2 Definitions used in the AIAC Fast Track Arbitration Rules: “AIAC” means Asian International Arbitration Centre (Malaysia); “arbitral tribunal” means a sole arbitrator or a

PDF What You Need to Know about the AIAC Arbitration Rules 2021

The Asian International Arbitration Centre (\"AIAC\") published its Arbitration Rules 2021 (\"2021 Rules\") for public consultation in June 2021 The rules took effect on 1 August 2021 With the objective of providing \"a wider range of sophisticated and tailored provisions to govern the efficient conduct of arbitration proceedings\" and to offer a

  • What are the AIAC arbitration rules?

    The AIAC Arbitration Rules applicable to the arbitration shall be those in force at the time of commencement of the arbitration, unless otherwise agreed by the Parties. To the extent that there is a conflict between Part I and Part II of the AIAC Arbitration Rules, the provisions in Part I shall prevail.

  • What does AIAC stand for?

    Section IV. The award 42 The Asian International Arbitration Centre (“AIAC”) stands resolute in delivering dispute resolution services with a pragmatic and cost-efficient framework. It is a legacy that we upheld for more than 45 years. This is in line with our commitment to meet the growing expectations of the ADR community.

Model Arbitration Clause and Submission Agreement

The following model arbitration clause may be adopted by the Parties: “Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the AIAC Arbitration Rules.” At the option of the Parties, the following may be included in the Mode

Optional Fast Track Procedure Inclusion

The following clause may be adopted by Parties who wish to have their dispute settled under the AIAC Fast Track procedure. “Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Fast Track procedure of the AIAC Arbitrati

“International Arbitration” means –

(1) an arbitration where – one of the Parties to an arbitration agreement, at the time of the conclusion of that agreement, has its place of business in any State other than Malaysia; one of the following is situated in any State other than Malaysia notwithstanding the Parties having their places of business in Malaysia: the seat of arbitration if

Rule 2 – Commencement of Arbitration

The Party or Parties commencing arbitration under the AIAC Arbitration Rules shall file a notice of arbitration, as described in Article 3, with the AIAC, accompanied by the following: a copy of the written arbitration clause or a separate arbitration agreement; confirmation that all existing pre-conditions to arbitration have been satisfied; and

Rule 3 – Appointment

Where the Parties have agreed to arbitration under the AIAC Arbitration Rules, the Director shall be the appointing authority. The Parties are free to decide whether the case shall be referred to a sole arbitrator or to three arbitrators. Where the Parties have not agreed on the number of arbitrators, the Director shall after consultation with th

Rule 5 – Replacement of the Arbitral Tribunal

An arbitrator shall be replaced by the Director as soon as practicable in the following circumstances: death of the arbitrator; resignation of the arbitrator; agreement of the Parties; or decision of the Director pursuant to Rule 4. Unless otherwise agreed by the Parties, the Director shall appoint the replacement arbitrator in conformity with the

Rule 6 – Additional Powers of the Arbitral Tribunal

The Arbitral Tribunal may conduct the arbitration in such a manner as it deems appropriate. Unless otherwise agreed by the Parties, the Arbitral Tribunal may: limit or extend the time available for each Party to present its case; conduct such enquiries as may appear to the Arbitral Tribunal to be necessary or expedient, including whether and to w

Rule 7 – Seat of Arbitration

The Parties may agree on the seat of arbitration. Failing such agreement, the seat of arbitration shall be Kuala Lumpur, Malaysia, unless the Arbitral Tribunal determines, having regard to the circumstances of the case, that another seat is more appropriate. Unless otherwise agreed by the Parties, the Arbitral Tribunal may, after consulting the Pa

Rule 10 – Consolidation of Proceedings

At the request of a Party, the Director may decide to consolidate a newly commenced arbitration with a pending arbitration, if: the parties agree to consolidate; all the claims are made under the same arbitration agreement; or where the claims are made under more than one arbitration agreement, the relief sought arises out of the same transactio

Rule 13 – Facilities and Additional Services

The AIAC may, at the request of the Arbitral Tribunal or either Party, make available or arrange for facilities and additional services in the conduct of the arbitral proceedings as required. The facilities and additional services may include: suitable accommodation, catering or refreshments for sittings of the Arbitral Tribunal, transcription ser

Rule 14 – Settlement Negotiations

With the agreement of the Parties, the Arbitral Tribunal may take steps to facilitate the settlement of the dispute before it. Any such agreement by a Party shall constitute a waiver of its right to challenge an arbitrator’s impartiality based on the arbitrator’s participation and knowledge acquired in taking the agreed steps. admin.aiac.world

Rule 17 – Delivery of Award

The Arbitral Tribunal shall deliver suficient originals of the Award to the AIAC for authentication. The AIAC shall notify the Parties of its receipt of the Award from the Arbitral Tribunal which shall only be released to the Parties by the AIAC upon full settlement of the costs of the arbitration, including any government or statutory imposed tax

Rule 20 – Mediation to Arbitration

If the Parties have referred their dispute to mediation under the AIAC Mediation Rules and they have failed to reach a settlement, and/or the mediation has been terminated, and thereafter decided to proceed to arbitration under the AIAC Arbitration Rules, then half of the AIAC Administrative Fee for the mediation shall be credited towards the AIAC

Rule 22 – No Liability

Neither the AIAC, the arbitrators, the administrative secretary of the Arbitral Tribunal, nor any expert appointed by the Arbitral Tribunal are liable to any Party for any act or omission in connection with the arbitration, unless such act or omission constitutes wilful misconduct or gross negligence. admin.aiac.world

Rule 23 – Non-Reliance

The Parties and the Arbitral Tribunal agree that statements or comments, whether written or oral, made in the course of the arbitral proceedings shall not be relied upon to institute, commence or maintain any action for defamation, libel, or slander. admin.aiac.world

Rule 24 – Vacancy of the Position of Director

In the event the position of Director of the AIAC becomes vacant, the following officers, in order of precedence, shall assume the powers of the Director under these Rules until the appointment of a new Director: the Deputy Director; the Assistant Director; or the Head of Legal Services. Part II admin.aiac.world

Article 2

A notice, including a notification, communication or proposal, may be transmitted by any means of communication that provides or allows for a record of its transmission. If an address has been designated by a party specifically for this purpose or authorized by the arbitral tribunal, any notice shall be delivered to that party at that address, and

Article 3

The party or parties initiating recourse to arbitration (hereinafter called the “claimant”) shall communicate to the other party or parties (hereinafter called the “respondent”) a notice of arbitration. Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the respondent. The notice of arbi

Article 5

Each party may be represented or assisted by persons chosen by it. The names and addresses of such persons must be communicated to all parties and to the arbitral tribunal. Such communication must specify whether the appointment is being made for purposes of representation or assistance. Where a person is to act as a representative of a party, the

Article 8

If the parties have agreed that a sole arbitrator is to be appointed and if within 30 days after receipt by all other parties of a proposal for the appointment of a sole arbitrator the parties have not reached agreement thereon, a sole arbitrator shall, at the request of a party, be appointed by the appointing authority. The appointing authority s

Article 10

For the purposes of article 9, paragraph 1, where three arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties have agreed to another method of appointment of arbitrators, the multiple parties jointly, whether as claimant or as respondent, shall appoint an arbitrator. If the parties have agr

Article 11

When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, from the time of his or her appointment and throughout the arbitral proceedings, shall without delay discl

Article 12

Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence. A party may challenge the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made. In the event that an arbitrator fails to act or in the event of the d

Article 14

Subject to paragraph 2, in any event where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in articles 8 to 11 that was applicable to the appointment or choice of the arbitrator being replaced. This procedure shall apply even

Article 15

If an arbitrator is replaced, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the arbitral tribunal decides otherwise. admin.aiac.world

Article 16

Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, the appointing authority and any person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration. admin.aiac.world

Article 17

The award shall be made within six months from the date of the constitution of the Arbitral Tribunal unless otherwise agreed by the Parties. The Arbitral Tribunal may, in exceptional circumstances and after inviting the Parties to express their views, extend the period of time established in accordance with paragraph 1. The extended period of time

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