SECTION
I. GENERAL PROVISIONS
Article 1 Scope of application
Article 2 Notice, calculation of periods
of time, documents
Article 3 Notice of arbitration
Article 4 Representation and assistance
Article 5 Confidentiality
Article 6 Release from liability
SECTION II. COMPOSITION
OF THE ARBITRAL TRIBUNAL
Article 7 Number of arbitrators
Article 8 Appointment of arbitrators
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15 Challenge of arbitrators
Article 16
Article 17 Removal of arbitrators
Article 18 Decease or resignation of an
arbitrator
Article 19 Repetition of hearing in the
event of the replacement of an arbitrator
SECTION III. ARBITRAL
PROCEEDINGS
Article 20 General provisions
Article 21 Place of arbitration
Article 22 Language
Article 23 Statement of claim
Article 24 Statement of defense
Article 25 Amendments to the claim of
defense
Article 26 Declaration of jurisdiction
of the arbitral tribunal
Article 27 Further written statements
Article 28 Periods of time
Article 29 Evidences
Article 30 Hearings
Article 31 Interim measures of protection
Article 32 Experts
Article 33 Default
Article 34 Closure of Hearing
Article 35 Waiver to object
Article 36 Expeditious arbitration
Article 37 Waiver to resort to the judicial
authority
SECTION IV. THE
AWARD
Article 38 Decisions
Article 39 Form and effects of the award
Article 40 Applicable law
Article 41 Settlement or other grounds
for termination of arbitral proceedings
Article 42 Interpretation of the award
Article 43 Correction of the award
Article 44 Additional award
Article 45 Costs
Article 46
Article 47
Article 48 Deposit and payment of costs
Article 49 Administrative contributions
Transitory
Model of arbitral
clause
MEXICO CITY NATIONAL
CHAMBER OF COMMERCE
ARBITRATION RULES*
SECTION I. INTRODUCTORY
RULES
Article 1
Scope of application
1. Where the parties have agreed in writing
that disputes in relation to a contractual
or non-contractual relationship shall
be referred to the arbitration of the
Mexico City National Chamber of Commerce,
or if the parties used expressions showing
their intention to submit to such rules,
such disputes shall be settled in accordance
with these arbitration rules without affecting
to the modifications upon which the parties
might agree in writing.
2. Where the parties have agreed to submit
to arbitration according to these Rules,
they submit, because of that only fact,
to the Rules effective as on the date
of the start of the arbitral proceedings,
unless they have agreed to submit to the
Rules effective on the date of the arbitration
agreement.
3. These Rules shall govern the arbitration
except that where any of these Rules is
in conflict with a provision of the public
law from which the parties cannot derogate,
that provision shall prevail.
4. Any reference to a contract in these
Rules shall be understood as also made
in any non-contractual juridical relationship
from which a dispute has arisen and which
the parties have agreed to submit to arbitration.
5. International arbitration shall be
deemed in the cases wherein:
a) The parties have their domicile or
establishment in different countries at
the time of entering into the Arbitration
Agreement; or
b) The arbitration site, agreed under
the arbitration agreement or arranged
thereunder, the site of fulfillment of
a substantial part of the obligations
implied by a relationship, or the place
nearest to the subject of litigation is
located outside the country where the
parties have set their establishment.
To the effects of this article, if one
of the parties has more than one establishment,
the establishment keeping a closer relationship
with the arbitration agreement shall be
taken into account; and, if the party
has no establishment, his habitual residence
shall be taken into account.
6. An arbitration which does not fit
in the definition of paragraph 5 of this
Article, shall be a National Arbitration.
Article 2
Notice, calculation of periods of time,
documents
1. For the purposes of these Rules, any
notice including a notification, communication
or proposal, is deemed to have been received
if it is physically delivered to the addressee
or if it is delivered at his habitual
residence, place of business or mailing
address, or, if none of these can be found
after making reasonable inquiry, then
at the addressee’s last habitual
residence or place of business. Notice
shall be deemed to have been received
on the day it is so delivered.
2. For the purposes of calculating a
period of time under these Rules, such
period shall begin to run on the day following
the date when a notice, notification,
communication or proposal is received.
If the last day of such period is an official
holiday or a non-business day at a residence
or place of business of the addressee,
the period is extended until the next
business day which follows. Official holidays
or non-business days occurring during
the running of the period of time, are
included in calculating that period.
3. For the purposes of these Rules, any
exchange of letters, telex, telegrams,
telefax, electronic mail and any other
means of communication leaving written
proof of the information contained therein,
shall be deemed to be a document.
4. All the documents, as well as all
the writings attached thereto, must be
communicated to each one of the parties,
to each one of the arbitrators and to
the Commission. A document shall have
no effect until this requisite has been
met. The Arbitration Court however may
deemed that the delay or impediment to
fully comply with this paragraph, is justified
when there are reasonable causes.
Article 3
Notice of arbitration
1. The party initiating recourse to arbitration
(hereinafter named the “claimant”),
shall notify it in writing to the Permanent
Commission of Arbitration of the Mexico
City National Chamber of Commerce (hereinafter
named the “Commission”) which
will proceed to communicate it to the
other party or parties (hereinafter named
the “respondent”).
2. Arbitral proceedings shall be deemed
to commence on the date on which the notice
of arbitration is received by the Commission.
3. The Notice of arbitration shall include
the following:
a) Express mention that the dispute be
referred to arbitration;
b) The name and addresses of the parties;
c) A reference to the arbitration clause
which is invoked;
d) A reference to the contract or to
the juridical relationship to which the
dispute has arisen or to which the dispute
is related;
e) The general nature of the claim and
the indication of the amount involved,
if any;
f) The relief or remedy sought;
g) A proposal as to the number of arbitrators,
who may be one or three, if the parties
have not previously agreed thereon.
4. The notice of arbitration may also
include:
a) The proposal for the appointment of
a sole arbitrator;
b) The notification of the appointment
of an arbitrator referred to in Article
9;
c) The statement of claim referred to
in Article 23.
Article 4
Representation and assistance
During the arbitration proceedings, the
parties may be represented or assisted
by persons of their choice. The names
and addresses of such persons must be
communicated in writing to the Commission,
to the other party and to the Arbitration
Court; such communication must specify
whether the appointment is made for purposes
of representation or assistance.
Article 5
Confidentiality
Unless otherwise expressly agreed by
the parties, the arbitration proceedings
shall be confidential. Confidentiality
shall not be deemed breached when there
is recourse to the public Courts to request
the acknowledgment or the enforcement
of an award or in any other case foreseen
by the Rules or by a norm of public order.
Article 6
Release from liability
It is hereby expressly stated that neither
the Mexico City National Chamber of Commerce,
nor the members of the Commission, nor
the arbitrators, shall be responsible
before any person for facts, acts or omissions
related to this Arbitration.
SECTION II. COMPOSITION
OF THE ARBITRAL TRIBUNAL
Article 7
Number of arbitrators
If the parties have not previously agreed
on the number of arbitrators (i.e. one
or three) and if within 15 days after
the receipt by the Commission of the arbitration
notice, the parties are not agreed on
the number of arbitrators, said Commission
shall determine the number of arbitrators.
Article 8
Appointment of arbitrators
1. Unless agreed by the parties, if a
sole arbitrator has been appointed, said
arbitrator shall be appointed by the Commission.
The parties may propose to the Commission
the name of one or more persons to be
considered by the Commission appointing
the sole arbitrator.
2. The Commission shall appoint the sole
arbitrator as soon as possible. In making
the appointment, the Commission shall
proceed in accordance with the system
established hereunder, unless both parties
agree not to use the list-procedure, or
if the Commission itself discretionally
decides that the use of the list-procedure
is not appropriate for the case:
a) At the request of one of the parties
the Commission shall communicate to both
parties an identical list containing at
least three names;
b) Within 15 days after the receipt of
this list, each party may return the list
to the Commission after having deleted
the name or names to which he objects
and number the remaining names on the
list in the order of this preference;
c) After the expiration of the above
period of time, the Commission shall appoint
the sole arbitrator from among the names
approved in the lists returned to it and
in accordance with the order of preference
indicated by the parties;
d) If for any reason the appointment
cannot be made according to this procedure,
the Commission may exercise its discretion
in appointing a sole arbitrator.
3. The Commission shall take the required
steps to guarantee the appointment of
an independent and impartial arbitrator;
and, if the arbitration is international,
the Commission shall take into account
the advisability of appointing an arbitrator
of a nationality other than the nationality
of the parties.
Article 9
Unless otherwise agreed, each party shall
appoint one arbitrator, if three arbitrators
must be appointed. Each party shall notify
the Commission and the other party of
the appointment of the arbitrator he has
made. In any way, the Commission shall
be empowered to ratify or not said appointment.
2. Unless otherwise agreed by the parties,
the third arbitrator, who will act as
the presiding arbitrator of the tribunal,
shall be appointed by the Commission.
For the purpose of appointing the presiding
arbitrator, the Commission shall observe
the procedure established in Article 8
for the appointment of a sole arbitrator.
3. If within 30 days after receipt of
notice from a party appointing an arbitrator,
the other party has not notified to the
first party the arbitrator named by him,
the first party may request the Commission
to appoint a second arbitrator. The Commission
may exercise its discretion in appointing
the arbitrator.
Article 10
1. If there are several claimant parties
or several respondent parties, the sole
arbitrator or the three arbitrators shall
be appointed by the Commission, and the
Commission shall indicate who among the
three shall exercise the functions of
presiding arbitrator of the tribunal.
For the purpose of appointing the arbitrators,
the Commission shall observe the procedure
established in Article 8 for the appointment
of a sole arbitrator.
2. The parties may agree to have the
arbitral tribunal made up in a manner
different from the manner stipulated in
paragraph 1 of this article; however,
if the agreement of the parties produces
as a consequence that one or more of the
claimants or of the respondents will not
be granted equal treatment in the setting
up of the arbitral tribunal, the provisions
of said paragraph 1 of this article shall
be applied in lieu of the agreement of
the parties.
Article 11
The arbitrators appointed by the parties
or by the other arbitrators shall be confirmed
by the Commission, before assuming office.
Article 12
1. A prospective arbitrator shall disclose
to the Commission any circumstances likely
to give rise to justifiable doubts as
to his impartiality or independence. Once
appointed or chosen the arbitrator, the
Commission shall disclose such circumstances
to the parties unless they have already
been informed of these circumstances.
2. An arbitrator shall promptly report
in writing to the parties and to the Commission
any circumstance of a same nature as the
circumstances mentioned in paragraph 1
of this article, which could arise or
which he could learn after his appointment.
Article 13
1. The Commission may request from any
of the parties the information it deems
necessary for the performance of its functions
in the appointment of arbitrators.
2. If the parties propose as arbitrators
one or more persons who do not appear
on the list of arbitrators of the Commission,
they shall indicate in writing their full
name and address as well as their nationality.
The Commission can request additional
information concerning the good standing
and the experience of the arbitrators
proposed in that way.
Article 14
1. The decisions of the Commission concerning
the confirmation of, challenge to or substitution
of, an arbitrator, shall be final. The
reasons leading to those decisions shall
not be communicated either to the parties
or to the arbitrators.
2. When an arbitrator has been appointed
by the Commission, his appointment may
only be challenged in accordance to the
procedure of Articles 15 to 16.
Article 15
Challenge of arbitrators
1. Any party may promote the challenge
of an arbitrator within the 15 days following
the notice of appointment of said arbitrator,
or within the 15 days following the date
on which he learned about the circumstances
stated in Article 12 of these Rules.
2. The challenge shall be notified to
the Commission, to the other party, to
the challenged arbitrator and to the other
members of the arbitral tribunal. Said
notification shall be done in writing
and must be duly motivated.
3. When an arbitrator has been challenged
by one party, the other party may accept
the challenge. The arbitrator may also,
after the challenge, withdraw from his
office. In neither case does this imply
acceptance of the validity of the grounds
for the challenge. Moreover, in both cases
the procedure provided in Article 8 for
the appointment of a substitute arbitrator,
shall be used in full, even if, during
the process of appointing the challenged
arbitrator, one of the parties failed
to exercise his right to appoint or to
participate in the appointment.
Article 16
1. If the other party does not accept
the challenge and the challenged arbitrator
does not withdraw, the decision on the
challenge shall be taken by the Commission.
The Commission’s decision may not
be appealed before the judicial authority.
2. When an arbitrator has been appointed
by the Commission, his appointment may
only be challenged in accordance with
the procedure stated in this section.
Article 17
Removal of arbitrators
The Commission may remove an arbitrator
if it knows that there are justifiable
reasons to deem that the arbitrator is
not impartial or independent, or when
said arbitrator does not carry out his
functions or is prevented de facto or
de jure from performing same.
Article 18
Decease or withdrawal of an arbitrator
1. In the event of death or resignation
of an arbitrator during the arbitration
proceedings, a substitute arbitrator shall
be appointed or chosen, pursuant to the
procedure foreseen in article 8.
2. If an arbitrator fails to fulfill
his functions or if there is an impossibility,
de jure or de facto, preventing him from
performing them, the procedures concerning
the challenge to, and replacement of,
arbitrator, shall be applied as foreseen
in the foregoing articles.
Article 19
Repetition of hearings in the event of
the replacement of an arbitrator
In the event of replacement of the sole
or presiding arbitrator, any hearings
held previously shall be repeated; if
any other arbitrator is replaced, such
prior hearings may be repeated at the
discretion of the arbitral tribunal.
SECTION III.
ARBITRAL PROCEEDINGS
Article 20
General provisions
1. Subject to these Rules, the arbitral
tribunal may conduct the arbitration in
such a manner as it considers appropriate,
provided that the parties are treated
with equality and that, at any stage of
the proceedings, each party is given a
full opportunity of presenting his case.
2. If either party so requests at any
stage of the proceedings, the arbitral
tribunal shall hold hearings for the presentation
of evidence by witnesses, including experts,
or for oral arguments. In the absence
of such a request, the arbitral tribunal
shall decide whether to hold such hearings
or whether the proceedings shall be conducted
on the bases of documents and other materials.
Article 21
Place of arbitration
1. Unless the parties have agreed upon
the place where the arbitration is to
be held, such place shall be determined
by the arbitral tribunal, having regard
to the circumstances of the arbitration.
2. The arbitral tribunal may determine
the locale of the arbitration within the
country agreed upon by the parties. It
may hear witnesses and hold meetings for
consultation among its members at any
place it deems appropriate, having regard
to the circumstances of the arbitration.
3. The arbitral tribunal may meet at
any place it deems appropriate for the
inspection of goods and other property
or documents. The parties shall be given
sufficient notice to enable them to be
present at such inspection.
Article 22
Language
1. Subject to an agreement by the parties,
the arbitral tribunal shall, promptly
after its appointment, determine the language
or languages to be used in the proceedings.
This determination shall apply to the
statement of claim, the statement of defense,
and any further written statements and,
if oral hearings take place, to the language
or languages to be used in such hearings.
2. The arbitral tribunal may order that
any documents annexed to the statement
of claim or statement of defense, and
any supplementary documents or exhibits
submitted in the course of the proceedings,
delivered in their original language,
shall be accompanied by a translation
into the language or languages agreed
upon by the parties or determined by the
arbitral tribunal.
Article 23
Statement of claim
1. Unless the statement of claim was
contained in the notice of arbitration,
within a period of time to be determined
by the arbitral tribunal, the claimant
shall communicate his statement of claim
in writing to the Commission, to the respondent
and to each of the arbitrators. A copy
of the contract or, if any, of the document
leading to the extracontractual relationship
should also be annexed to the statement
of claim, as well as a copy of the arbitration
agreement if not contained in the contract.
2. The statement of claim shall include
the following particulars:
a) The names and addresses of the parties;
b) Statement of the facts supporting
the claim;
c) The points at issue;
d) The relief or remedy sought;
Unless otherwise ordered by the arbitral
tribunal, the claimant may annex to his
statement of claim all documents he deems
relevant or may add a reference to the
documents or other evidence he will submit.
Article 24
Statement of defense
1. Within a period of time to be determined
by the arbitral tribunal, the respondent
shall communicate his statement of defense
in writing to the Commission, to the claimant
and to each of the arbitrators.
2. The statement of defense shall reply
to the particulars (b), (c) and (d) of
paragraph 2 of article 23. Unless otherwise
ordered by the arbitral tribunal, the
respondent may annex to his statement
the documents on which he relies for his
defense or may add a reference to the
documents or other evidence he will submit.
3. In his statement of defense, or at
a later stage in the arbitral proceeding
if the arbitral tribunal decides that
the delay was justified under the circumstances,
the respondent may make a counter-claim
arising out of the same contract or extra-contractual
relationship, or rely on a claim based
on the same contract or on any other relationship
which the parties have agreed to submit
to arbitration pursuant to these Rules,
for the purpose of a set-off.
4. The provisions of paragraph 2 of article
23, shall apply to a counter claim and
a claim relied on for the purpose of a
set-off.
Article 25
Amendments to the claim or defense
During the course of the arbitral proceedings,
either party may amend or supplement his
claim or defense, unless the arbitral
tribunal considers it inappropriate to
allow such amendment having regard to
the delay in making it or prejudice to
the other party and any other circumstances.
However, a claim may not be amended in
such a manner that the amended claim falls
outside the scope of the arbitration agreement.
Article 26
Pleas as to the jurisdiction of the arbitral
tribunal
1. The arbitral tribunal shall have the
power to rule on objections that it has
no jurisdiction, including any objections
with respect to the existence of validity
of the arbitration agreement.
2. The arbitral tribunal shall have the
power to determine the existence or the
validity of the contract of which an arbitration
clause or agreement forms a part. For
the purposes of this article, an arbitration
clause or agreement which forms part of
a contract and which provides for arbitration
under these Rules, shall be treated as
an agreement independent of the other
terms of the contract. A decision by the
arbitral tribunal that the contract is
null and void shall not entail ipso jure
the invalidity of the arbitration agreement.
3. A plea that the arbitral tribunal
does not have jurisdiction shall be raised
in writing no later than in the statement
of defense or, with respect to a counter-claim,
in the reply to the counter-claim.
4. In general, the arbitral tribunal
should render a preliminary award concerning
its jurisdiction. However, the arbitral
tribunal may proceed with the arbitration
and rule on such a plea in its final award.
Article 27
Further written statements
The arbitral tribunal shall decide, at
its discretion, which further written
statements, in addition to the statement
of claim and the statement of defense,
shall be required from the parties or
may be presented by them and shall fix
the periods of time for communicating
such statements.
Article 28
Periods of time
The periods of time fixed by the arbitral
tribunal for the communication of written
statements (including the statement of
claim or statement of defense) should
not exceed 45 days. However, the arbitral
tribunal may extend the time limits if
it concludes that an extension is justified.
Article 29
Evidences
1. Each party shall have the burden of
proving the facts relied on to support
his claim or defense.
2. The arbitral tribunal may, if it considers
it appropriate, require a party to deliver
to the tribunal and to the other party,
within such a period of time as the arbitral
tribunal shall decide, a summary of the
documents and other evidence that party
intends to present in support of the facts
in issue set out in his statement of claim
or statement of defense.
3. At any time during the arbitral proceedings
the arbitral tribunal may require the
parties to produce documents or other
evidence within such a period of time
as the tribunal shall determine.
Article 30
Hearings
1. Previously to each hearing, the arbitral
tribunal shall give the parties adequate
advance notice of the date, time and place
thereof.
2. If witnesses are to be heard at a
hearing, at least 15 days before the hearing
each party shall communicate to the arbitral
tribunal and to the other party the names
and addresses of the witnesses he intends
to present, the subject upon which such
witnesses will give their testimony and,
if need be, the language(s) in which they
will give said testimony.
3. The arbitral tribunal, with the intervention
of the Commission, shall make arrangements
for the translation of all the oral statements
made at the hearing and for a record of
the hearing, if either is deemed necessary
by the tribunal under the circumstances
of the case, or if the parties have agreed
thereto and have communicated such agreement
to the tribunal at least 15 days before
the hearing.
4. Hearings shall be held in camera,
unless the parties agree otherwise. The
arbitral tribunal may require the retirement
of any witness or witnesses during the
testimony of other witnesses. The arbitral
tribunal is free to determine the manner
in which witnesses are examined.
5. Evidence of witnesses may also be
presented in the form of written statements
duly signed by them.
6. The arbitral tribunal shall determine
the admissibility, relevance, materiality
and weight of the evidence offered.
Article 31
Interim measures of protection
1. At the request of either party, the
arbitral tribunal may take any interim
measures it deems necessary in respect
of the subject-matter of the dispute,
including measures for the conservation
of the goods forming the subject-matter
in dispute, such as ordering their deposit
with a third person or the sale of perishable
goods.
2. Such interim measures may be established
in the form of an interim award. The arbitral
tribunal shall be entitled to require
security for the costs of such measures.
3. A request for interim measures addressed
by any party to a judicial authority shall
be not be deemed incompatible with the
agreement to arbitrate or as a waiver
of that agreement.
Article 32
Experts
1. The arbitral tribunal may appoint
one or more experts to report to it, in
writing, on specific issues to be determined
by the tribunal. A copy of the expert’s
terms of reference, established by the
arbitral tribunal, shall be communicated
to the parties.
2. The parties shall give the expert
any relevant information or produce for
his inspection any relevant documents
or goods that he may require of them.
Any dispute between a party and such expert
as to the relevance of the required information
or production shall be referred to the
arbitral tribunal for decision.
3. Upon receipt of the expert’s
report, the arbitral tribunal shall communicate
a copy of the report to the parties, who
shall be given the opportunity to express,
in writing, their opinion on the report.
The parties shall be entitled to examine
any document on which the expert has relied
in his report.
4. At the request of either party the
expert, after delivery of the report,
may be heard at the hearing where the
parties shall have the opportunity to
be present and to interrogate the expert.
At this hearing, either party may present
expert witnesses in order to testify on
the points at issue. The provisions of
article 30 shall be applicable to such
proceedings.
Article 33
Default
1. If, within the period of time fixed
by the arbitral tribunal, the claimant
has failed to communicate his claim without
showing sufficient cause for such failure,
the arbitral tribunal shall issue an order
for determination of the arbitral proceedings.
If, within the period of time fixed by
the arbitral tribunal, the respondent
has failed to communicate his statement
of defense without showing sufficient
cause for such failure, the arbitral tribunal
shall order that the proceedings continue.
2. If one of the parties, duly notified
under these Rules, fails to appear at
a hearing, without showing sufficient
cause for such failure, the arbitral tribunal
shall order that the proceedings continue.
3. If one of the parties, duly invited
to produce documents, fails to do so within
the established period of time, without
showing sufficient cause for such failure,
the arbitral tribunal may make the award
on the evidence before it.
Article 34
Closure of Hearing
1. The arbitral tribunal may inquire
of the parties if they have any further
proof to offer or witnesses to be heard
or submissions to make and, if there are
none, it may declare the hearings closed.
2. The arbitral tribunal may, if it considers
it necessary owing to exceptional circumstances,
decide, on its own motion or upon application
of a party, to reopen the hearings at
any time before the award is made.
Article 35
Waiver to object
If a party who knows that any provision
of, or requirement under, these Rules
have not been complied with and yet proceeds
with the arbitration without promptly
stating his objection to such non-compliance,
said party shall be deemed to have waived
his right to object.
Article 36
Expeditious arbitration
The parties may reduce the different
periods of time foreseen herein, or stipulate
a limit of time for the issue of the arbitration
award or the termination of the arbitration.
The agreement to reduce the periods of
time, to set a limit of time to pronounce
the arbitration award or to have the arbitration
terminated, shall be legally effective
upon its approval by the arbitral tribunal.
In spite of the existence and legal validity
of an agreement by the parties reducing
the period of time or establishing the
limits of time referred to in this article,
the Commission may, upon request of the
arbitral tribunal, if it deems it justified,
extend the period of time agreed upon
by the parties.
Article 37
Waiver to resort to the judicial authority
If the arbitration proceedings take place
in the Mexican Republic, the parties shall
waive the legal recourses before the judicial
authorities, foreseen in articles 1429
and 1432 of the Code of Commerce effective
in Mexico.
SECTION IV. THE
AWARD
Article 38
Decisions
1. When there are three arbitrators,
any award or other decision of the arbitral
tribunal shall be made by a majority of
the arbitrators.
2. In the case of questions of procedures,
when there is no majority or when the
arbitral tribunal so authorizes, the presiding
arbitrator may decide on his own, subject
to revision, if any, by the arbitral tribunal.
Article 39
Form and effects of the award
1. In addition to making a final award,
the arbitral tribunal shall be entitled
to make interim, interlocutory or partial
awards.
2. The award shall be issued in writing
and shall be final and binding upon the
parties. The parties undertake to carry
out the award without delay.
3. The arbitral tribunal shall state
the reasons upon which the award is based,
unless the parties have agreed that no
reasons are to be given.
4. The award shall be signed by the arbitrators
and it shall contain the date on which
and the place where the award was issued.
Where there are three arbitrators and
one of them fails to sign, the award shall
state the reason for the absence of the
signature. The award shall be deemed as
being issued at the place of arbitration.
5. The arbitral tribunal shall communicate
the award to the Commission. For this
purpose, the arbitral tribunal shall deliver
to the Commission copies of the award
signed by the arbitrators, in number sufficient
for the Commission and for each one of
the parties.
6. If the arbitration law of the country
where the award is made requires that
the award be filed or registered by the
arbitral tribunal, said tribunal shall
comply with this requirement within the
period of time required by law.
Article 40
Applicable law, amiable compositeur
1. The arbitral tribunal shall apply
the law designated by the parties as applicable
to the substance of the dispute. Failing
such designation by the parties, the arbitral
tribunal shall apply the law it deems
applicable.
2. The arbitral tribunal shall decide
as amiable compositeur (ex aequo et bono)
only if the parties have expressly authorized
the arbitral tribunal to do so and if
the law applicable to the arbitral procedure
permits such arbitration.
3. In all cases, the arbitral tribunal
shall decide in accordance with the terms
of the contract and shall take into account
the usages of the trade applicable to
the transaction.
Article 41
Settlement or other grounds for termination
of arbitral proceedings
1. If, before the award is made, the
parties agree on the settlement of the
dispute, the arbitral tribunal shall either
issue an order for the termination of
the arbitral proceedings or, if requested
by both parties and accepted by the tribunal,
record of settlement in the form of an
arbitral award on agreed terms. The arbitral
tribunal is not obliged to give reasons
for such an award.
2. If, before the award is made, the
continuation of the arbitral proceeding
becomes unnecessary or impossible for
any reason not mentioned in paragraph
1 of this article, the arbitral tribunal
shall inform the Commission and the parties
of its intention to issue an order for
the termination of the proceedings. The
arbitral tribunal shall have a power to
issue such an order, unless the Commission
or a party raises justifiable grounds
for objection.
3. The arbitral tribunal shall deliver
to the Commission and to the parties copies
of the order of termination or of the
arbitral proceedings or of the arbitral
award on terms agreed by the parties,
duly signed by the arbitrators.
Where an arbitral award is issued under
the terms agreed by the parties, the provisions
of article 39, paragraphs 2 through 6
shall apply.
Article 42
Interpretation of the award
1. Within thirty days after the receipt
of the award, the Commission or either
party, with notice to the other party,
may request the arbitral tribunal to give
an interpretation of the award.
2. The interpretation shall be given
in writing within 45 days after the receipt
of the request. The interpretation shall
form part of the award, and the provisions
of paragraph 2 through 6 of article 39
shall apply.
Article 43
Correction of the award
1. Within thirty days after receipt of
the award, the Commission or either party,
with notice to the other party, may request
the arbitral tribunal to correct in the
award any errors in computation, any clerical,
spelling or typographic errors, or any
errors of similar nature. The arbitral
tribunal may within thirty days after
the communication of the award make such
corrections on its own initiative.
2. Such corrections shall be made in
writing, shall form part of the award,
and the provisions of paragraphs 2 through
6 of article 39 shall apply.
Article 44
Additional award
1. Within thirty days after the receipt
of the award, either party may request
the arbitral tribunal, which shall notify
the other party, to issue an additional
award concerning claims presented in the
arbitral proceedings but omitted from
the award.
2. If the arbitral tribunal considers
the request for an additional award to
be justified and considers that the omission
can be rectified without any further hearings
or evidences, it shall complete its award
within sixty days after the receipt of
the request.
3. When an additional award is made,
the provisions of paragraph 2 through
6 of article 39 shall apply.
Article 45
Costs
The arbitral tribunal shall determine
in the award the ratio according to which
the parties shall contribute to the payment
of the costs of the arbitration, the amount
of which shall be fixed by the Commission.
The expression “costs” shall
include only the following:
a) The fees of the arbitral tribunal
to be stated separately as to each arbitrator
and to be fixed by the Commission;
b) The travel and other expenses incurred
by the arbitrators;
c) The costs of expert advice and of
other assistance required by the arbitral
tribunal;
d) The travel and other expenses incurred
by the witnesses, to the extent such expenses
are approved by the Commission;
e) The cost for legal representation
and assistance of the successful party
if such costs were claimed during the
arbitral proceedings, and only to the
extent the arbitral tribunal determines
in its award that the payment of such
expenses should be defrayed by the unsuccessful
party;
f) The administrative fees and expenses
of the Commission, to be calculated pursuant
to the respective schedule of fees.
Article 46
1. The Commission shall determine the
professional fees of the arbitral tribunal
and the administrative expenses in accordance
with the established schedule of fees,
taking into account the amount in dispute,
the complexity of the subject-matter,
the time spent by the arbitrators and
any other relevant circumstances of the
case.
Article 47
1. Except as provided in article 45,
the costs of arbitration shall in principle
be borne by the unsuccessful party. However,
the arbitral tribunal may apportion each
of such costs between the parties if it
determines that apportionment is reasonable,
taking into account the circumstances
of the case.
2. With respect to the costs of legal
representation and assistance referred
to in article 4, the arbitral tribunal,
taking into account the circumstances
of the case, shall be free to determine
which party shall bear such costs or may
apportion such costs between the parties
if it determines that appointment is reasonable.
3. When an arbitral tribunal issues an
order for determination of the arbitral
proceedings or makes an award on agreed
terms, articles 39 and 41 shall apply.
4. No additional fees may be charged
by the arbitral tribunal for interpretation,
correction or completion of its award,
pursuant to articles 42 through 44.
Article 48
Deposit and payment of costs
1. The Commission may require, as a requisite
for the arbitral tribunal to begin or
continue the arbitration, that each party
deposit an equal amount as an advance
for the costs referred to in subparagraphs
a), b), c) and f) of article 45.
2. During the course of the arbitral
proceedings, the Commission may request
supplementary deposits from the parties.
3. If the required deposits are not paid
in full within 30 days after the receipt
of the request by the Commission, the
Commission shall so inform the parties
in order that each one of them may make
the required payment. If such payment
is not made, the Commission may order
the suspension or the anticipated termination
of the arbitral proceedings. The Commission
may condition the notice of the award
to the previous payment of the balance
of the costs, if any.
4. After the award has been notified,
the Commission shall render to the parties
an accounting of the deposits received
and return any unexpended balance to the
parties.
Article 49
Administrative contributions
The amount of the administrative contributions
which the Commission shall be entitled
to charge as the administrator of the
arbitration proceedings, for other services
and for reimbursements, are the contributions
stated in the annex hereto.
Transitory
SOLE. Unless otherwise agreed by the
parties:
I. The provisions of these Rules shall
become effective on September 25, 2000.
II. The arbitral proceedings being carried
out on the date of approval of these reforms,
shall continue to be governed according
to the effective provisions at the time
of their commencement.
MODEL OF ARBITRAL
CLAUSE
The Mexico City National Chamber of Commerce
reminds you that commercial disputes may
be solved through commercial arbitration,
provided the contracts include a clause
reading as follows:
“Any litigation, dispute or claim
resulting from this contract or related
to this contract, its non-compliance,
revocation or nullity, shall be settled
by arbitration in accordance with the
Arbitration Rules of the of the Mexico
City National Chamber of Commerce, in
effect at the time of its commencement.”
The parties are advised to consider adding
the following:
a) The number of arbitrators shall be
... (one or three)
b) The place of arbitration shall be ...
(city or country)
c) The language (or the languages) which
shall be used in the arbitration proceedings
shall be ...
d) The substantive law applicable to the
dispute shall be ...
