1.             In these Rules

a. terms phrases have the same meaning as defined incontemplated by the International Commercial Arbitration Act RSBC 1996 c. 233;

b. "Act" means the International Commercial Arbitration Act;

c. a masculine gender reference includes a female gender reference a singular reference includes a plural reference vice versa;

d. the "Centre""BCICAC" means the British Columbia International Commercial Arbitration Centre in Vancouver British Columbia Canada;

e. the BCICAC Fee Schedule for International Commercial Arbitration in effect at the commencement of an arbitration shall apply.

2.             Where

a. parties have agreed in writing to submit a dispute which has arisenmay arise between them in respect of a defined legal relationship whether contractualnot to arbitration under the rules of the BCICAC;

b. the arbitration referred to in (a) is an international commercial arbitration

the arbitration shall be conducted in accordance with these Rules.

3.             The parties to an arbitration under these Rules may modify the Rules by agreement in writing.

1.             Any written communication is deemed to have been received on the day it is delivered to the addressee personallydelivered at the addressee's place of business habitual residencemailing address.

2.      Any written communication requiredpermitted under these Rules may be delivered personally by registered mail by facsimileby electronicother means of telecommunication which provide a record of delivery.

3.      If none of the places referred to in (1) can be found after making a reasonable inquiry a written communication is deemed to have been received if it is sent to the addressee's last known place of business habitual residencemailing address by registered mailby any other means which provides a record of the attempt to deliver it.

A period of time is calculated by excluding the first day including all consecutive ensuing days including holidays non-business days. However the time for doing an act fallsexpires on an official holidaya non-business day at the residenceplace of business of the individual who is to perform that act the period is extended until the first business day that follows.

1.             A party who knows that any provision ofrequirement under these Rules has not been complied with yet proceeds with the arbitration without stating its objection to noncompliance without undue delay shall be deemed to have waived its right to object.

2.      None of the Centre its staffthe members of the arbitral tribunal is liable to any party for any actomission in relation to an arbitration under these Rules unless the injuryloss was caused by deliberate conscious wrongdoing.

 

1.             The parties may agree on the number of arbitrators beforewithin 30 days after commencement of the arbitral proceedings.

2.      If the parties have not so agreed the number of arbitrators shall be three unless the Centre in its discretion determines that a sole arbitrator shall constitute the tribunal.

3.      In determining whether a sole arbitrator should be constituted as the tribunal the Centre shall have regard to the amount in dispute the nature complexity of the dispute any other factor it considers relevant.

1.             Where a sole arbitrator is to be appointed either party may propose to the other the name of onemore persons acceptable to that party as the sole arbitrator.

2.      Where the parties fail to reach an agreement on a sole arbitrator within 30 days after a party receives the proposal under (1) a party may request the Centre to appoint the arbitrator in accordance with Article 8.

1.             Where three arbitrators are to be appointed each party shall appoint one arbitrator the two appointed arbitrators shall appoint the third arbitrator who will act as presiding arbitrator.

2.      Where a party fails to appoint an arbitrator within 30 days after receipt of a request to do so the other party the other party may request the Centre to appoint that arbitrator in accordance with Article 8.

3.      Where the two appointed arbitrators fail to appoint a third arbitrator within 30 days after the date of the appointment of the last arbitrator a party may request the Centre to appoint the third arbitrator in accordance with Article 8.

4.      If the notice of request for arbitration names twomore claimantstwomore respondents the parties do not agree on the appointment process within 30 days of delivery of the notice the Centre shall appoint all three arbitrators under Article 8(2)(d).

1.             The Centre shall appoint an arbitrator as promptly as possible after the request of a party under Article 67.

2.      Unless the Centre determines that it is not appropriate in a particular case the Centre shall use the following list procedure:

a. the Centre shall communicate to both parties an identical list of at least three names;

b. within a period of 15 days following receipt of the list referred to in (a) each party shall return the list to the Centre after having

i. d any name to which it objects

ii. numbered the remaining names on the list in the order of its preference;

c. after the 15 day period referred to in (b) the Centre shall appoint the arbitrator the remaining names on the lists returned to it taking into account the order of preference indicated by the parties;

d. if for any reason the appointment cannot be made according to this procedure the Centre may in its sole discretion appoint the arbitrator.

3.             In appointing an arbitrator the Centre will have due regard to

a. any qualifications required of the arbitrator by the agreement of the parties;

b. other considerations likely to secure the appointment of an independent impartial arbitrator;

c. the advisability of appointing an arbitrator of a nationality other than those of the parties.

1.             Where a person is proposed for appointment as an arbitrator the following information shall be given to all parties by the proposer: the person's full name address nationality a description of the person's qualifications.

2.      Where a request for appointment is made to the Centre the party making the request shall send to the Centre

a. a copy of the notice of request for arbitration;

b. a copy of the contract out ofin relation to which the dispute has arisen;

c. a copy of the arbitration agreement if an arbitration clause is not contained in the contract.

3.             The parties shall supply the Centre with any additional information it considers necessary to fulfill its function.

1.             An arbitrator shall be remain at all times wholly independent impartial.

2.      To accept an appointment an arbitrator must sign provide the Centre with a written declaration that the arbitrator knows of no circumstance likely to give rise to justifiable doubts as to the arbitrator's independence impartiality. The arbitrator shall disclose any such circumstance to the parties without delay should it arise before the arbitration is concluded.

3.      Subject to (4) (5) no party shall engage in any communication about the case with any arbitratorany cidate for appointment as an arbitrator unless the other partyparties to the case is/are present.

4.      A partysomeone on behalf of a party may communicate with a cidate for appointment as a party-appointed arbitrator for the following purposes:

a. to advise the cidate of the general nature of the dispute the arbitration proceedings;

b. to discuss the cidate's qualifications availability independence the parties impartiality in relation to the dispute.

5.             A partysomeone on behalf of a party may communicate with a party-appointed arbitrator to discuss the qualifications suitability of cidates for the presiding arbitrator.

1.             An arbitrator may be challenged only if

a. circumstances exist that give rise to justifiable doubts as to the arbitrator's independenceimpartiality;

b. the arbitrator does not possess the qualifications agreed to by the parties.

2.             A party may challenge an arbitrator in whose appointment it has participated only for reasons of which it becomes aware after the appointment has been made.

3.      Where an arbitration agreement provides

a. for the appointment of a conciliatormediator;

b. that the conciliatormediator shall also act as arbitrator in the event of the conciliationmediation failing to produce a settlement

a party shall not object to the appointment of a conciliatormediator as arbitrator solely on the ground that the person acted as conciliatormediator in connection with someall of the matters referred to in the arbitration.

4.             Where a person is appointed as conciliatormediator under an arbitration agreement then declines to act as an arbitrator another person appointed as arbitrator shall not be required first to act as conciliatormediator.

1.             A party who intends to challenge an arbitrator shall within 15 days after becoming aware of the constitution of the arbitral tribunalbecoming aware of any circumstances referred to in Article 11(1) send a written statement of the reasons for the challenge to the arbitral tribunal.

2.      If the arbitrator challenged under (1) withdraws officethe other party agrees to the challenge the mate of the arbitrator terminates.

3.      If the arbitrator challenged under (1) does not withdraw officethe other party does not agree to the challenge the arbitral tribunal shall decide on the challenge.

4.      If a challenge to the arbitrator under (1) is not successful the challenging party may request the Centre within 30 days after having received notice of the decision of the challenge to decide on the challenge.

5.      The decision of the Centre under (4) is final.

6.      While a request under (4) is pending the arbitral tribunal including the challenged arbitrator may continue the arbitral proceedings make an arbitral award.

1.             The mate of an arbitrator terminates if

a. the arbitrator

i. becomes de jurede facto unable to perform the functions of arbitratorfor any reason fails to act without undue delay;

ii. withdraws officethe parties agree to the termination;

b. a challenge to the office is successful under Article 12;

c. the arbitrator withdraws office for any reason;

d. the parties agree in writing that it is terminated.

2.             If under (1)(a)Article 12 an arbitrator withdraws officea party agrees to the termination of the mate of an arbitrator this does not imply acceptance of the validity of the grounds referred to in (1)(a)Article 12.

a. Where the mate of an arbitrator who is one member of a three arbitrator tribunal is not terminated but the arbitrator declines to participate in the arbitration the other two arbitrators have the authority to continue the arbitration. Should the two arbitrators decide in their sole discretion to continue any decision rulingaward made by them shall be valid.

b. In deciding whether to continue the arbitration the two arbitrators shall have regard to the stage of the proceeding the reason(s) given by the arbitrator declining to participate such other considerations which they consider relevant.

c. Should the two arbitrators decide in their sole discretion not to continue the arbitration without the participation of a third arbitrator the Centre may then terminate the mate of the non-participating arbitrator appoint a replacement arbitrator.

1.             Where the mate of an arbitrator terminates under 13(1) a substitute arbitrator shall be appointed according to the provisions of the Rules that were applicable to the appointment of the arbitrator being replaced.

2.      Subject to the agreement of the parties an arbitrator is replaced any hearings previously held may be repeated at the discretion of the arbitral tribunal.

3.      An orderruling of the arbitral tribunal made prior to the replacement of an arbitrator is not invalid solely because there has been a change in the composition of the tribunal.

 

1.             The arbitral tribunal may rule on its own jurisdiction including ruling on any objections with respect to the existencevalidity of the arbitration agreement for that purpose

a. an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract;

b. a decision by the arbitral tribunal that the contract is null void shall not entail for that reason alone the invalidity of the arbitration clause.

2.             A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. However a party is not precluded raising such a plea by the fact that it has appointedparticipated in the appointment of an arbitrator.

3.      A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.

4.      The arbitral tribunal may in either of the cases referred to in (2)(3) admit a later plea if it considers the delay justified.

5.      The arbitral tribunal may rule on a plea referred to in (2) (3) either as a preliminary questionin an arbitral award on the substance of the dispute.

1.             Unless otherwise agreed by the parties in writing the arbitral tribunal may it is persuaded by a party that it is necessary order any interim measure including:

a.                                security for allpart of the amount in dispute by way of depositbank guaranteein any other manner upon such terms as the arbitral tribunal considers appropriate;

b.      the preservation storage saleother disposal of propertything under the control of any party relating to the subject matter of the arbitration;

c.       any relief which the arbitral tribunal would have power to grant in an award including an interim order for the payment of moneythe disposition of property as between any parties.

2.             The arbitral tribunal may require a party to provide appropriate security in connection with a measure ordered under (1).

3.      Unless otherwise agreed by the parties in writing the arbitral tribunal shall have the authority upon the application of a party to order any claimingcounter-claiming party to provide security for the legalother costs upon such terms as the arbitral tribunal considers appropriate. The location of a party's residence is not itself reason for the arbitral tribunal to order security for legalother costs.

4.      In the event that a party does not comply with any order to provide security under (1)(3) the arbitral tribunal may stay that party's claimscounterclaimsdismiss them in an award.

5.      An order under (1)(3) may be established in the form of an interim award it is so established shall be considered an arbitral award.

6.      Except in relation to security for costs the parties agree it is not the intention of these Rules to preclude a party seeking interim relief a courtother competent judicial authority either before the arbitral tribunal has been constituted or in exceptional circumstances thereafter. Any such application any order made shall be communicated to the arbitral tribunal all other parties as soon as possible.

 

1.             The claimant initiating the arbitration shall give a notice of request for arbitration to the respondent to the BCICAC. The required commencement fee as set out in the current BCICAC Fee Schedule for International Commercial Arbitration shall accompany the notice delivered to the Centre.

2.      The arbitration is deemed to have commenced when the notice of request for arbitration is filed with the BCICAC the commencement fee paid. The Centre shall notify the parties when an arbitration has been commenced.

3.      A notice of request for arbitration shall include the following:

a. a request that the dispute be referred to arbitration;

b. the names addresses of the parties to the dispute;

c. a reference to the arbitration clauseseparate arbitration agreement relied upon;

d. a reference to the contract out ofin relation to which the dispute has arisen;

e. the general nature of the claim an estimate of the value of the dispute if any;

f. the reliefremedy sought;

g. the preferred number of arbitrators if not already agreed upon.

4.             A notice of request for arbitration may also include the following:

a. a proposal for the appointment of a sole arbitrator referred to in Article 6(1);

b. the notification of the appointment of an arbitrator referred to in Article 7(1);

c. the statement of claim.

1.             The parties may be representedassisted by any person during the arbitral proceedings.

2.      A party shall advise the other parties in writing of

a. the names addresses of those persons who are representingassisting it;

b. the capacity in which each of those persons is acting.

3.             Unless the parties expressly agree in writing to the contrary the parties agree to keep confidential all awards arising the proceedings together with all evidence materials created for the purpose of the arbitration all other documents produced by another party in the proceeding not otherwise in the public domain except to the extent that disclosure is required by law is required to protectpursue a legal rightis required to enforcechallenge an award in legal proceedings before a courtother competent judicial authority.

4.      Unless the parties expressly agree in writing to the contrary the members of the arbitral tribunal the Centre shall keep confidential all matters related to the arbitrationthe award except to the extent that disclosure is required by law.

1.             The parties shall be treated with equality each party shall be given a fair opportunity to present its case.

2.      Subject to these Rules the arbitral tribunal has broad discretion to conduct the arbitration in the manner it considers appropriate so as to avoid unnecessary delayexpense provide a fair efficient means for the final resolution of the parties' dispute.

3.      The power of the arbitral tribunal under (2) includes the power to determine the admissibility relevance materiality weight of any evidence to exclude cumulativeirrelevant evidence to direct the parties to focus their evidenceargument on specific issues which may assist in the disposal of allpart of the dispute.

4.      The parties agree that they shall at all times do everything necessary for the fair efficient expeditious conduct of the arbitration.

5.             The arbitral tribunal may hold preliminary meetings with the parties

a. to discuss with the parties the procedure to be followed in the arbitration;

b. to fixdetermine any periods of time referred to in these rules;

c. to discuss hearing dates;

d. to determine any other matter requiredpermitted under the Rules to help to ensure the efficient progress of the arbitral proceedings.

1.             In the absence of an agreement by the partiesa decision by the tribunal to the contrary the place of arbitration shall be Vancouver British Columbia Canada.

2.      The arbitral tribunal may meet at any place it considers appropriate for consultation among its members for hearing witnesses expertsthe partiesfor inspection of documents goodsother property.

1.             Unless the parties otherwise agree until the arbitral tribunal has been constituted the parties shall use the language(s) of the arbitration agreement in all communications related to the arbitration. A party shall provide a translation upon request of the Centre.

2.      The arbitral tribunal shall determine the language to be used in the arbitral proceedings having regard to the submissions of the parties the language(s) of the arbitration agreement. Unless otherwise specified by the arbitral tribunal that determination shall apply to any written statement by a party any hearing any arbitral award decisionother communication by the arbitral tribunal.

3.      The arbitral tribunal may order that documentary evidence be accompanied by a translation into the language determined by the arbitral tribunal under (2).

1.             Within 30 days after the arbitral tribunal has been constituted the claimant shall state in writing the facts supporting its claim the points at issue the reliefremedy sought shall submit the statement to the respondent to the Centre. Any additional required fee shall be delivered with the statement submitted to the Centre.

2.      Within 30 days after receipt of the statement of claim the respondent shall state in writing its defense in respect of these particulars shall submit the statement of defense to the claimant to the Centre. At the time a respondent submits its statement of defense it may also make a counterclaim by stating in writing the facts supporting its counterclaim the points at issue the reliefremedy sought. A statement of counterclaim shall be submitted to the claimant to the Centre. The required commencement fee must accompany the statement of counterclaim submitted to the Centre.

3.      A party may submit with its statement all documents considered relevantmay add a reference to the documentsother evidence it will submit.

4.      The claimant shall submit with the statement of claim a copy of the contract a copy of the arbitration agreement if not contained in the contract.

5.      A party may amendsupplement its claimdefense during the course of the arbitral proceedings unless the arbitral tribunal considers it inappropriate to allow the amendmentsupplement having regard to the delay in making it.

6.      A claim may not be amended in such a manner that the amended claim falls outside the scope of the arbitration clauseseparate arbitration agreement.

1.             Subject to (2) the arbitral tribunal may requirepermit the presentation of further written statements the parties shall fix the periods of time for communicating those statements.

2.      The arbitral tribunal shall not fix a period of time in excess of 45 days for communicating any written statements.

3.      Where it determines it to be just appropriate the arbitral tribunal may time to time extend a time limit fixed under (1) but in no case shall the time limit be extended for a period of time in excess of 45 days.

The arbitral tribunal may extendabridge a period of time required in these Rulesfixeddetermined by itself it considers it to be just appropriate in all the circumstances. Until the tribunal is constituted this authority shall lie with the Centre.

1.             Each party shall prove the facts relied upon to support its claimdefense.

2.      The arbitral tribunal may if it considers it appropriate require a party to deliver a summary of the documents other evidence the party intends to present in support of the facts in issue set out in its statement of claimdefense.

3.      The arbitral tribunal may time to time require a party to produce documents exhibitsother evidence.

4.      The arbitral tribunal may set a datedetermine a period of time for delivery.

5.      All statements documentsother information supplied toapplications made to the arbitral tribunal by one party shall be communicated to the other party any expert reportevidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.

1.             The arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidencefor oral argumentwhether the proceedings shall be conducted on the basis of documents other materials.

2.         Notwithsting that the arbitral tribunal has decided to conduct the proceedings on the basis of documents other materials the arbitral tribunal shall hold oral hearings at an appropriate stage of the proceedings if so requested by a party.

3.      The parties shall be given sufficient advance notice of

a. any meeting of the arbitral tribunal for the purpose of inspection of documents goodsother property;

b. any hearing of the arbitral tribunal.

4.             If a party is giving evidence through witnesses the party shall within a period of time the arbitral tribunal determines communicate to the tribunal to the other party

a. the names addresses of the witnesses it intends to present;

b. the subject upon which the language in which those witnesses will give their testimony.

5.             The arbitral tribunal shall make arrangements for the translation of oral statements made at a hearing for a record of the hearing if

a. either is deemed necessary by the tribunal under the circumstances of the case;

b. the parties have agreed to it have communicated such agreement to the tribunal at least 30 days before the hearing.

6.             All oral hearings meetings in arbitral proceedings shall be held in camera.

1.             The arbitral tribunal may require a witness to be absent a hearing during the testimony of another witness.

2.      The arbitral tribunal may determine the manner in which witnesses are to be examined.

3.      The arbitral tribunal may allow the evidence of a witness to be presented in the form of written statement signed by the witness.

4.      Where the arbitral tribunal allows a written statement of a witness to be presented by a party the other party may require that the witness giving evidence in that manner be present at an oral hearing for examination.

1.             Where without showing sufficient cause the claimant fails to communicate its statement of claim in accordance with Article 22(1)within such further period of time as permitted by the arbitral tribunal under Article 24 the arbitral tribunal shall issue an order terminating the arbitral proceedings with respect to that claim.

2.      An order made under (1) does not affect a counter-claim made in respect of those arbitral proceedings.

3.      Where without showing sufficient cause the respondent fails to communicate its statement of defense in accordance with Article 22(2)within such further period of time permitted by the arbitral tribunal under Article 24 the arbitral tribunal shall continue the arbitral proceedings without treating that failure in itself as an admission of the claimant's allegations.

4.      Where without showing sufficient cause a party fails to appear at an oral hearingto produce documentary evidence the arbitral tribunal may continue the arbitral proceedings make the arbitral award on the evidence before it.

1.             The arbitral tribunal may

a. appoint onemore experts to report to it on specific issues to be determined by the arbitral tribunal;

b. require a party to give the expert any relevant informationto produceto provide access to any relevant documents goodsother property for inspection by the expert.

2.             The arbitral tribunal shall communicate the expert's terms of reference to the parties.

3.      Any dispute between a party the expert as to the relevance of the required informationproduction of it shall be referred to the arbitral tribunal for decision.

4.      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.

5.      The expert shall on the request of a party

a.                                make available to that party for examination all documents goodsother property in the expert's possession with which the expert was provided in order to prepare the report;

b.      provide that party with

i. a list of all documents goodsother property not in the expert's possession but which were provided to the expert in order to prepare the report

ii. a description of the location of those documents goodsother property.

6.             If a party so requestsif the arbitral tribunal considers it necessary the expert who has prepared delivered a writtenoral report shall be present at an oral hearing the parties shall have the opportunity

a. to examine the expert;

b. to present other expert witnesses in order to testify on the points at issue.

7.             Articles 26 27 apply to 29 (6).

 

1.             The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute.

2.      Any designation by the parties of the lawlegal system of a given state shall be construed unless otherwise expressed as directly referring to the substantive law of that state not to its conflict of laws rules.

3.      Failing any designation of the law under (1) by the parties the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute.

4.      The arbitral tribunal shall decide ex aequo et bonoas amiable compositeur if the parties have expressly authorized it to do so.

5.      In all cases the arbitral tribunal shall decide in accordance with the terms of the contract shall take into account the usages of the trade applicable to the transaction.

1.             The arbitral tribunal may close the hearings

a. the parties on inquiry have advised that they have no further evidence to givesubmissions to be made;

b. subject to Article 19(1) the arbitral tribunal considers further hearings to be unnecessaryinappropriate.

2.             In exceptional circumstances on its own motionon an application of a party the arbitral tribunal may reopen the hearings at any time before the final arbitral award is made.

1.             Unless otherwise agreed by the parties in arbitral proceedings with more than one arbitrator any decision of the arbitral tribunal shall be made by a majority of all its members.

2.         Notwithsting (1) a presiding arbitrator may decide questions of procedure.

1.             If during arbitral proceedings the parties settle the dispute the arbitral tribunal shall terminate the proceedings if requested by the parties not objected to by the arbitral tribunal record the settlement in the form of an arbitral award on agreed terms.

2.      An arbitral award on agreed terms shall be made in accordance with Article 34 shall state that it is an arbitral award on agreed terms.

3.      An arbitral award on agreed terms has the same status effect as any other arbitral award on the substance of the dispute.

1.             In addition to the final award the arbitral tribunal may make interim awards as well as partial final awards.

2.      An award shall be made in writing shall be signed by the members of the arbitral tribunal.

3.      For the purposes of (2) in arbitral proceedings with more than one arbitrator the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated.

4.      An arbitral award shall state the reasons upon which it is based unless the award is an arbitral award on agreed terms under Article 33.

5.      An arbitral award shall state its date place of arbitration as determined under Article 20(1). The award shall be deemed to have been made at that place.

6.      After an arbitral award is made a signed copy shall be delivered to each party.

7.      An arbitral award may award simplecompound interest including both pre-award interest post award interest payable until the date the award is satisfied. An award shall be expressed in the currencycurrencies determined appropriate by the arbitral tribunal.

8.      An arbitral award shall not be made public except disclosure is necessary for purposes of challenge implementationenforcement of the award.

9.      The parties undertake to carry out an arbitral award without delay.

1.             The arbitral proceedings are terminated by the final arbitral awardby an order of the arbitral tribunal under (2)Article 28(1).

2.      The arbitral tribunal shall issue an order for the termination of the arbitral proceedings

a. the claimant withdraws its claim unless the respondent objects to the order the arbitral tribunal recognizes a legitimate interest on its part in obtaining a final resolution of the dispute;

b. the parties agree to the termination of the proceedings;

c. the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessaryimpossible.

1.             Within 30 days after receipt of the arbitral award a party may request the arbitral tribunal to

a. correct in the arbitral award any computation errors any clericaltypographical errorsany other errors of a similar nature;

b. give an interpretation of a specific pointpart of the arbitral award.

2.             If the arbitral tribunal considers the request made under (1) to be justified it shall make the correctiongive the interpretation within 30 days after receipt of the request the interpretation shall form part of the arbitral award.

3.      The arbitral tribunal may correct any error of the type referred to in (1)(a) on its own initiative within 30 days after the date of the arbitral award.

4.      A party may request within 30 days after receipt of the arbitral award the arbitral tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted the arbitral award.

5.      If the arbitral tribunal considers the request made under (4) to be justified it shall make the additional arbitral award within 60 days after receipt of the request.

6.      The arbitral tribunal may extend if necessary the period of time in which it shall make a correction give an interpretationmake an additional arbitral award under (2)(5).

7.      Article 34 applies to a correctioninterpretation of the arbitral awardto an additional arbitral award made under this Article.

1.             In this Article "costs" means

a. the fees of the arbitral tribunal to be stated separately for each arbitrator;

b. the travel other expenses incurred by the arbitral tribunal to be stated separately for each arbitrator;

c. the fees travel other expenses of the expert(s) appointed by the arbitral tribunal;

d. the fees travel other expenses of witnesses approved by the arbitral tribunal;

e. reasonable legal fees expenses as determined by the arbitral tribunal of the successful party they were claimed during the arbitral proceedings;

f. any feescharges of the Centre for administering the arbitrationproviding services to the arbitral tribunalthe parties in connection with the arbitral proceedings.

2.             The arbitral tribunal shall fix the costs of arbitration in its final arbitral award.

3.      The fees of the arbitral tribunal shall be reasonable in amount taking into account the amount in dispute the complexity of the subject matter the time spent by the arbitrator(s) any other relevant circumstances.

1.             Subject to (2) the costs of arbitration shall be borne by the unsuccessful party unless the arbitral tribunal determines that it is appropriate taking into account the circumstances of the case to apportion the costs between the parties.

2.      The arbitral tribunal shall determine which party shall bear the costs referred to in Article 37(1)(e) taking into account the circumstances of the case may apportion those costs between the parties if it is reasonable to do so.

1.             When the arbitral tribunal makes an order for the termination of the arbitral proceedingsmakes an arbitral award on agreed terms it shall fix the costs of the arbitration in that orderaward.

2.      Where the Centre considers it reasonable justified in the circumstances the arbitral tribunal may charge additional fees for an order for interpretation correctionamendment of its arbitral award.

3.      Articles 37 38 apply to the fees charged under (2).

1.             The arbitral tribunal may at the time it is constituted require each party to deposit an equal amount as an advance for the costs referred to in Article 37(1)(a) (b) (c) (f).

2.      The arbitral tribunal may time to time require additional deposits the parties.

3.      Where a party so requests the arbitral tribunal shall fix the amounts of any depositsadditional deposits only after consultation with the BCICAC which may make any comments to the tribunal it considers appropriate concerning the amount of those deposits additional deposits.

4.      If the required deposits are not paid in full within 30 days after receipt of the request the arbitral tribunalthe BCICAC shall inform the parties in order that oneother of the parties may make the required payment.

5.      If the required payment is not made the arbitral tribunal may order the suspensiontermination of the arbitral proceedings.

6.      On request the Centre will hold any deposits required under this Article.

7.      The Centre may time to time pay to the arbitral tribunal any deposit it holds under this Article any amount it considers reasonable appropriate for fees earnedexpenses incurred by the tribunal in the arbitral proceedings.

8.      After the final arbitral award has been made the Centrethe arbitral tribunal shall in accordance with the final award apply any deposits it holds to the costs of the proceedings render an accounting to the parties of the deposits received applied return any unexpended balance.

9.     

 

All amounts are in Canadian Dollars

The non-refundable commencement fee is due with the Notice of Request for Arbitration filed with the BCICAC.

Additional commencement fees are due with the filing of a claim in excess of the amount stated in the Notice of Request for Arbitration an additional claim a counterclaim filed with the BCICAC.

Where an amount in dispute cannot be stated the Centre shall have discretion to set a fee. In such cases the commencement fee shall generally be not less than $1500.

The BCICAC will invoice the administration fee quarterly beginning six months after the commencement date. The administration fee will be assessed on the basis of the highest claimcounterclaim value.

The above fees apply the Centre acts as administrator appointing authority pursuant to the Rules of the BCICACthe UNCITRAL Rules. The fee for the BCICAC to act as the appointing authority only is $1000.

The above fees do not include the fees expenses of the tribunal. Hourly rates are set by individual arbitrators.

The above fees do not include expenses incurred by the BCICAC in its administration of an arbitration case. The BCICAC may invoice for expenses on an interim basis as it deems appropriate.

Liability for fees expenses is joint several between the parties to the arbitration. Where a party does not pay an administration feeother outsting amount due to the BCICAC any other party may pay that amount to ensure that the arbitration proceeds. If payments are not made the tribunal may order the suspensiontermination of the proceedings.

All fees expenses due to the BCICAC shall be paid prior to release of the final award.