In accordance with Resolution NO. (7) OF 3/1/1993 issued by the executive Board of Directors
concerning the institution of Abu Dhabi Commercial Conciliation and Arbitration Center
(ADCCAC), passed the following Regulation:
ARTICLE (1) THE REGULATION
This Regulation shall be called the Procedural Regulation of Abu Dhabi Commercial Conciliation
and Arbitration Center where the procedures of Commercial Conciliation and Arbitration shall
be conducted as stated in the rules and provisions hereof.
ARTICLE (2) 1) The provisions of this Regulation shall apply to all commercial dealings of the parties who
insert in their contracts or agreements the standard clauses for conciliation and/or arbitration
conducted ADCCAC as provided in Articles (8) & (10) of the Regulation. 2) The provisions of the Regulation shall further apply to all private commercial disputes in the
parties agree to refer the same to ADCCAC for the settlement of the said disputes under the
Center's procedures of conciliation and arbitration. 3) The provisions of this Regulation shall be deemed to interpret and supplement the clauses
the parties - in respect of solving their disputes through conciliation or arbitration - provide in
their agreements, unless otherwise a reservation or a provision to the contrary of the
principles and provisions here in is provided in such clauses or agreements.
ARTICLE (3) PROCEDURES LANGUAGE
Conciliation and Arbitration procedures at the Abu Dhabi Commercial Conciliation & Arbitration
Center shall be conducted in Arabic unless otherwise agreed by the parties or if the parties do
not speak Arabic or where all members of the board of conciliation or arbitration were not
Arabs. In all cases the Boards of Conciliation or Arbitration shall pass their awards in Arabic in
addition to any other language adopted during the conciliation or arbitration proceedings. The
said board may seek the assistance of any of the members of the Center's translation panel to
perform the assignment.
ARTICLE (4) VESTED POWERS
Save as otherwise may be stated in private agreements between the parties the board of
conciliation or arbitration shall be competent to determine the procedural and substantive rules
required to dispose of the dispute and shall be guided by the agreements and covenants of the
parties, or by the rules of equity and the general principles of law and the established rules of
the Private International Law. The Boards of Conciliation or Arbitration shall, while hearing or
deciding on the dispute, exclude applying any enactment or procedural or substantive rule if
such enactment or rule would render any award passed by the said board as void or
enforceable in the country of the judgment debtor or in any other country where the award
may be enforced by reason of contravention of such law or rule to the public order and morals.
ARTICLE (5)
FUNCTIONS
The Boards of Conciliation or Arbitration may determine their assignments in respect of the
disputes referred to them in case of difference between the parties. The said boards shall
determine any question relating to the binding force of the Conciliation or Arbitration Clause.
ARTICLE (6) MINUTING
ADCCAC Boards of Arbitration and Conciliation shall cause minutes to be registered in respect
of the proceedings followed in official records in forms provided by the Center. The body in
charge shall sign the said minutes together with the disputing parties. The parties may be
furnished with photocopies of such minutes on request.
ARTICLE (7) DURATION
The Boards of Conciliation or Arbitration shall pass their awards within period fixed by the
parties. In case of non-agreement the Boards shall dispose of the case in a maximum period of
six months following the assignment. Any action taken after the expiry of the above period
shall not be binding vis-à-vis the parties unless otherwise ratified by them in writing or it was
agreed by them to extend the fixed time.
ARTICLE (8) SUPPORTING BODIES
1) The Boards of Conciliation may seek the assistance of clerks or translators or expects
enrolled in the experts or translators of ADCCAC. 2) No expert or translator not enrolled in ADCCAC panels shall be approved save as otherwise
may be agreed by the parties or where the said panels do not cover the language or expertise
required for the assignment. 3) The Boards of Conciliation or Arbitration shall-in case of selecting a translator or an expert
not enrolled-administer oath to such expert or translator as provided in article (18) of the
Center's Charter. 4) The Translator's or expert's fee shall be fixed by the disputing parties who shall be bound by
such fee. Where the parties fail to fix the fee, the Board of Conciliation or Arbitration may fix
the same finally after consulting the General Manager of the Center. 5) The disputing parties shall in all cases settle the fees of the expert or translator prior to
assuming the assignment by each. The fee shall be deposited in a special account in the name
of ADCCAC. The said deposit may be paid out by the Center upon the instructions by the Board
of Conciliation and Arbitration relatively with the assignment progress or upon completion. STANDARD CLAUSES ARTICLE (9) Conciliation Clause
ADCCAC is adopting a standard clause for settlement of the national and international
commercial disputes through conciliation. The center calls upon all bodies engaged in national
and international commerce, to adopt the same clause and cause it to be embodied in their
contracts and covenants in the following form:(All disputes arising from the interpretation;
implementation or termination of the agreement/contract herein shall have to be conclusively
settled via conciliation in accordance with the provisions on Conciliation & Arbitration Center's
Procedural Regulations and through a conciliation board comprising one; three or more
conciliator(s) who shall be nominated and summoned up in accordance with the rules and
procedures provided in the Center's Procedural Regulations).
ARTICLE (10) Arbitration Clause
ADCCAC is adopting a standard clause for settlement of the national and international
commercial disputes through arbitration. The Center calls upon all bodies engaged in national
and international commerce, to adopt the same clause and cause it to be embodied in their
contracts and covenants in the following form: (All disputes arising from the interpretation;
implementation or termination of the agreement/contract herein shall have to be conclusively
settled via arbitration in accordance with the provisions on arbitration provided in the Abu
Dhabi Commercial Conciliation & Arbitration Center's Procedural Regulations and through an
arbitration board comprising one; three or more arbitrators who shall be nominated and
summoned up in accordance with the rules and procedures provided in the Center's Procedural
Regulations).
ARTICLE (11) Mixed Clause
ADCCAC is adopting a standard clause for settlement of the national and international
commercial disputes by way of conciliation ending with arbitration. The center calls upon all
bodies engaged in national and international commerce to adopt the same clause and cause it
to be embodied in their contacts and covenants in the following form:(All disputes arising from
the interpretation; implementation or termination of the agreement/contract herein shall have
to be initially settled via conciliation and through a special board comprising one; three or
more conciliators who shall be nominated and summoned up in accordance with the provisions
of (ADCCAC) Center's Procedural Regulations. In the event of failure of such endeavors, or
consent on giving up the aforementioned conciliatory clause, the dispute shall have to be
conclusively settled via arbitration and through a special board comprising one; three or more
arbitrations who shall be nominated and summoned up in accordance with the provisions of
the (ADCCAC) Procedural Regulations). ARTICLE (12) BOARD FORMATION
1) The conciliation and Arbitration Boards shall be constituted in accordance with the
covenants of the parties. In case the parties overlook the basis of constitution or do not
observe to nominate the names of the members thereof, the Center's General Manager - after
consulting the parties - shall suggest the constitution of the Board and shall service the parties
of his proposal for comments within one week thereafter.2) If no objection is received by the
General Manager within the period fixed in sub-article (1) above, the proposal made by the
General Manager shall be deemed acceptable to the parties and none of them may object to it
unless otherwise certain reasons occurs to justify rejection of the said boards under Article
(2).3) Where any party objects to the constitution of the board, such objection shall be
referred to the Trade Conventions and Arbitration Committee in Abu Dhabi Chamber of
Commerce & Industry to pass a final binding resolution.In all cases the General Manager shall
be authorized to make a fresh proposal for constitution of the board in the lights of the
decision of the Conventions and Arbitration Committee within the lines of the above procedure.
ARTICLE (13) REJECTION OF CONCILIATION OR ARBITRATION BOARDS
1) No party without the agreement of the other party - may withdraw his approval relating to
the nomination of the members of the board before assuring its missing if the constitution and
nomination of such board was embodied in the written contract.2) Any party may apply for
rejection of conciliation boards after signing to the nomination thereof or after assuming the
mission if there appeared reasons for rejection.3) Objection against the conciliation or
arbitration boards may lie because of want competence or neutrality by reason of relationship
or legal representation or correlated interest or revealing an early opinion on the case and any
other reasons the Trade Convention and Arbitration Committee may believe it may raise
doubts in the applicant's mind against the board or any member thereof.4) The objection shall
be submitted to the General Manager in writing accompanied with the supporting documents
and evidence. The application shall be referred to the Trade Convention and Arbitration
Committee for disposal within one week. The resolution made by the above Committee shall be
final and binding and is not appealable in any manner.5) The objection shall suspend the
arbitration process until the passing of the resolution of the Trade Convention and Arbitration
Committee.
ARTICLE (14) COMPUTING OF TIME
The day on which the summons (services) or process takes place shall not be computed for the
purpose of commencement of the time prescribed under the provisions of this Regulation.
ARTICLE (15) EXTENSION OF TIME
Five day shall be added to the time prescribed in this Regulation in respect of any party whose
residence is outside the Emirate of Abu Dhabi or any other Emirates. Seven days shall be
allowed for parties outside the UAE Region within the G.C.C. and Yemen and fourteen days for
parties residing in any other place in the world.
ARTICLE (16) CONTACT ADDRESS AND SUMMONS
The management of the Center and all Boards of Conciliation or Arbitration shall recognize the
contact address given by the parties, together using telex, fax or registered mail in all
correspondence and notices. ARTICLE (17) CHARGES
1) Fees of the Conciliation or Arbitration Boards shall be fixed according to agreement among
the parties and shall include those of the conciliator, or the Umpire, and secretary charges as
well as the terms of relevant payments. A copy of such agreement shall be annexed to the
application for conciliation or arbitration. 2) The Trade Conventions and Arbitration Committee shall in case of disagreement of the
parties fix the fees of the Boards of Conciliation or Arbitration after consulting the parties and
Board or the member concerned. The decision passed by the Committee shall be binding and
observed. 3) The said committee mentioned in sub-article (2) above shall adopt the following rules in
determining the fees of the Conciliation or Arbitration Boards. a) In case of one Arbitrator: The parties shall equally incur the fees. b) In case of a Board: Each party shall incur the fees of the member appointed by him
and half of the fees of the Umpire. c) The parties shall equally incur fees of the Secretary, translator and expert. 4) All parties shall deposit their share in fees with ADCCAC within seven days from the date of
the addressed service. The said fees shall be held in trust-by the Center in a special account to
be opened for the purpose. 5) In case any or all of the parties decline to settle the fees, the Board of Conciliation or
Arbitration may: a) Commence the arbitration and decide on the case and pass judgment with such
fees. OR b) Reject the assignment through a decision on recourse by the parties in respect of
abandoned clause of Conciliation or Arbitration, unless otherwise the interested party had
settled the fees for his declining opponent. 6) The center shall pay out the fees of the Boards on disposal of the case and receipt of the
records of the case together with the Decree or Judgment signed by the Board. 7) The center shall deduct from the fees fixed for the Boards, the percentage prescribed in
sub-title (1) of this article. 8) The Center shall annually grant the Conciliation and Arbitration Boards symbolic
remunerations to be fixed by the Trade Convention and Arbitration Committee, to be awarded
to the best two Conciliation or Arbitration cases decided upon by the Boards of ADCCAC. In
selecting the said two cases regard must be made to fast performance and award, perfection
of the job, serious handling and applying justice and impartiality between the parties. The said
remuneration is paid from the Center's budget. ARTICLE (18) CONCILIATION:
Conciliation is a method of amicably settling the commercial disputes. Conciliation Board assist
the parties to limit the dispute and to suggest the best means of amicable settlement avoiding
thereby, Arbitral or Judicial litigation and reserving-meanwhile-the present and future interests
of the parties. ARTICLE (19) Commencement of Conciliation Proceedings: Any disputing parties may apply to ADCCAC for Conciliation under the Center's Regulation in
the following cases: 1) Where their contacts or covenants embody the Conciliation Clause stated in Articles (9) &
(11) of this Regulation. 2) Where their contracts or covenants embody a general clause providing that all disputes shall
be solved by way of conciliation or settlement or where there is a term implying the same
meaning, provided that the parties agree to refer the dispute to ADCCAC under the rules
thereof. 3) If the parties agreed at the time the dispute arose-to refers the same to ADCCAC under the
rules thereof. 4) Where no clause for Conciliation is embodied in the contracts or covenants of the parties,
but one party applied for the aid of the Center General Manager to mediate for the Purpose of
reaching such clause in accordance with ADCCAC rules. ARTICLE (20) 1). Application for Conciliation:
The applicant on the prescribed form shall submit the application for Conciliation to the
General Manager. The application must be accompanied by the documents stated in the
particulars of the application, in addition to photocopies of such supporting documents in
numbers to cover all disputing parties.
2) Entry and Service Addressing:
The General Manager shall cause the application to be registered upon payment of fees
prescribed in Schedule (B) annexed to the Regulations herein. The secretary of Disputes and
Cases shall address a service to the opposite party of the application to reply within one week
from date of receipt of such service. The notice shall be accompanied by a copy of the Center's
Regulation.
3) Reply:
The opponent shall reply in writing to the application including facts and claims therein
contained and shall file his reply and supporting documents with the Secretary of Disputes and
Cases within the time fixed in the notice.
4) Reference of papers:
On expiration of the time fixed for receipt of the reply to the application for Conciliation, the
Secretary of Disputes and Cases shall refer the file and documents of the case to the General
Manager for the purpose of commencement of Conciliation procedure.
5) Calling the Board:
If it appeared to the General Manager in the case stated in sub-articles (1), (2), (3) of Article
(12) of this Regulation that the parties had agreed to nominate the Board, he shall call the
members of the board to assume the assignment and cause minutes to be made for the
purpose.
6) Apology of the Board:
In case the Board or any member thereof apologizes, the parties shall be notified of such
apology to enable them to nominate alternate members within one week after receipt of the
notification. Should be parties failing to nominate the Board or its members, Article (12) hereof
shall apply.
7) Failure by the Center to reach the Conciliation Agreement:
If it appeared to the General Manager in the case stated in Article1 (18/4) that the opposite
party refused conciliation under the Charter and Regulation of the Center, the applicant shall
be notified of this refusal and the General Manager shall cause the application to be dismissed.
8) On receipt of the assignment and signature by the members of the Board indicating
acceptance, the Board shall then be competent to commence conciliation proceedings.
CONCILIATION PROCEEDINGS
ARTICLE (21) Calling the Parties:
The Conciliation Board shall call the disputing parties to a combined meeting to be held before
the Board. All parties must be summoned at least one week before or within any other time
prescribed by the Regulation by written notification to be delivered to the parties or their legal
representatives. The notification shall fix the date, place and time for the meeting. In case of
default by any or all parties the Board shall decide whether or not the notification was
executed and whether the summoned should be reserved. ARTICLE (22) Hearing of the Application:
The Conciliation Board shall commence the assignment in the combined meeting by reading
out the application for Conciliation and the reply thereto and shall enquire from the parties
whether they wish to explain, add more claims, information or documents other than those
submitted before. The Board shall thereafter summarize the case and reduce it into minutes to
be signed by the Board and the parties. The case shall then be adjourned to declare the report
of the Board.
ARTICLE (23) Adjournment of the report:
If the Board of Conciliation was of the opinion that the report would require a further period or
it was realized that the report would require enquiries, expertise or discussions with the
parties, the Board may call the parties to hear the above matters in their presence.
ARTICLE (24) Advising the parties of the report:
The Board once completed studies of the dispute or the necessary enquiries thereto, shall
prepare its report on the dispute and the means of amicably settling it and shall advice the
parties of the report one week prior to the date of announcing it at the meeting. ARTICLE (25) Notes of the parties to be recorded:
The Board shall listen to the views of the parties about the report advised to them and if they
accept the report partially or in whole, the Board shall then record this acceptance in separate
minutes to be signed by the Board and the parties. Should the parties disagree totally or in part with the solutions adopted by the report, the case
shall be adjourned to another meeting to examine the possibility of revising the report or
rechecking with the experts and adopting fresh solutions acceptable to the parties.
ARTICLE (26) Final report and verdict:
1) If it appears to the Board after the date fixed for announcing the report and after hearing
the remark of the parties, that no fresh serious solutions in respect of the points in issue can
be made the Board shall call the parties to hear the final verdict which would be determining
the case status quo as may be laid down by the report and the Board shall accordingly so
decide. 2) If the Board realized the probability of adopting other solutions, which may lead the parties
to agree on settlement of the dispute, the parties shall be called to hear such solutions. In
case the meeting fixed for the amended solutions resulted in acceptance by the parties of the
Board's endeavors, then a record shall be made to this effect and signed by the Board and the
parties.3) If the Board's effort did not result into acceptance by the parties of the new
solutions, the case shall be considered terminated as provided in clause (1) of this Article.
ARTICLE (27) Successful efforts and reconciliation:
The minutes drawn by the Conciliation boards and signed by disputed parties to indicate their
acceptance of the efforts exerted to settle the disputes in question shall be viewed as an
absolute reconciliation in respect of the issues of disputes tackled in the said minutes.
ARTICLE (28) Written decisions:
The Conciliation Boards shall pass their decisions on the disputes referred to them under the
provisions of this Regulation in writing stating therein the names of the parties, their
designations and a brief statement about the registration of the application, the reply and
other proceedings taken during hearing the case, a summary of the proceedings of the
conciliation sessions, summary of the report and any amendments thereto, acceptance or
objection to the report by the parties, a summary of the complete or partial settlement and the
award passed by the Board. All such decisions shall be signed by the Board and therewith shall
be attached to the Board preliminary reports or any other reports annexed to them together
with the record of the settlement, and all shall be filed with the Center together with Case's
file.
ARTICLE (29) Typing and Signature:
The secretary of Disputes and Cases shall cause the resolutions passed in the conciliatory
cases to be typed and then shall be signed by the Board passing it accompanied with the
signature of the Honorary Chairman of the Center. Copies may be given to the parties with a
confirmation by the Center that the Conciliation is completed and the case is closed. A
summary entry shall be made in the register of the case to this effect and the file shall be kept
by the Center.
ARTICLE (30) Payment of fees:
Conciliation fees deposited by the parties shall be paid out after the closing of the case and
handling over the file to ADCCAC upon submission of an application from the Board to the
General Manager. The Center shall deduct from the fees-such amount as may be allotted to it
under the provisions of schedule (A) annexed to the Regulation, and the said amount shall be
conclusively transferred to the Center's account.
ARTICLE (31) Recovery of original documents:
The parties in conciliation cases may apply to the Center to recover the original documents
submitted by them during the hearing. The Center shall keep photocopy in the case file
endorsing them to be certified true copies.
ARTICLE (32) Privacy of conciliation:
Save as may be concluded in the written settlement agreements between the parties in
conciliation cases, all proceedings, matters, documents, statements, testimonies, experts'
reports and any other documents submitted or examined before the Conciliation Board shall be
confidential. No member of the Board or the aides or the staff of the Center may disclose or
give a proof of it to any party or third party whether the said third party was involved in the
dispute or not. The parties agree to refer to the Center and accepting the proceedings of
Conciliation to drop their right to any access to the above matters. Neither challenging nor
being firm up to any of the said proceedings may be counted upon before any judicial or
arbitrational body.
ARTICLE (33) Confidentiality of conciliation:
The Conciliation Boards or any of their aides shall not disclose any information or privacy,
particularly those coming to their knowledge during the hearings, to any third party. Otherwise
they shall personally be liable for compensation before ADCCAC and the concerned bodies. The
Center may take the appropriate action against the contravening person.
ARBITRATION ARTICLE (34) Commencement of Arbitration Proceedings: Any disputing parties may apply to ADCCAC for Arbitration under the Center's Regulation in
the following cases:1) Where their contracts or covenants embody the Arbitration Clause
stated in Articles (10) & (11) of this Regulation.2) Where their contracts or covenants embody
a general clause providing that all disputes shall be solved through Arbitration or where there
is a term implying the same meaning, provided that the parties agree to refer the dispute to
ADCCAC under the rules thereof.3) If the parties agreed at the time dispute arose - to refer
the same to ADCCAC under the rules thereof.4) Where no clause for Arbitration is embodied in
the contracts or covenants of the parties, but one party applied for the aid of the Center's
General Manager to mediate for the purpose of reaching such clause in accordance with
ADCCAC Procedural Regulations. ARTICLE (35) 1) Application for Arbitration:
The application for Arbitration shall be submitted to the General Manager with the applicant in
the prescribed form. The application must be accompanied by the documents stated in the
particulars of the application in addition to photocopies of such supporting documents in
numbers to cover all disputing parties.
2) Entry and service-addressing:
The General Manager shall cause the application to be registered upon payment of fees
prescribed in schedule (B) annexed to the Regulation. The secretary of Disputes and Cases
shall send a service to the opposite parties of the application to reply within one week from
date of the service. The service should be accompanied by a copy of the Center's Regulation.
3) Reply:
The opponent shall reply in writing to the application including facts and claims therein
contained and shall file his reply and any supporting documents within the time fixed in the
service.
4) Reference of papers:
On expiration of the time fixed for reply to the application for Arbitration, the Secretary of
Disputes and Cases shall refer the file and documents of the case to the General Manager for
the purpose of commencement to Arbitration procedure.
5) Calling the Board:
If it appeared to the General Manager in the case stated in sub-article (1) (2) (3) of Article
(34) of this Regulation that the parties had agreed to nominate the Board, he shall call the
members of the boards to assume the assignment and cause minutes to be made for the
purpose.
6) Apology by the Board:
In case the Board or any member thereof apologizes, the party shall be notified of such
apology to enable him to nominate alternative members within one week after being notified,
should the parties disagree to nominate the Board or any of its members. The constitution of
the Board and nomination of its members shall take place under Article (12) of this Regulation.
7) Failure by the Center to reach an Agreement to Arbitrate:
If it appeared to the General Manager in the case stated in sub-article (4) of Article (34) that
the opposite party refused Arbitration under the Charter and Regulation to the Center, the
applicant would be notified of this refusal and the General Manager would cause the application
to be filed. On receipt of the assignment and signature by the members of the Board indicating
acceptance, the Board shall then be competent to commence arbitration proceedings. ARBITRATION PROCEEDINGS ARTICLE (36)
1) Calling the parties: The Arbitration Board shall call the disputing parties to a combined meeting to be held before
the Board. All parties must be summoned at least one week before, by written notification to
be delivered to the parties or their legal representatives. The notification shall fix the date,
place and hour for the meeting. In case of default by any or all parties the Board shall decide
whether or not the notification was executed and whether the summons should be reserved. 2) Appearing and default:
Failure of the applicant to Arbitration to appear at the hearing without a written excuse shall
lead to the dismissal of his application and closing the file of the case where the file does not
include any claims for the respondent against the applicant. The Board may likewise in case of
failure of the respondent to appear in any hearing sessions without any acceptable excuse,
proceed in arbitration and pass a default award against the absentee. In case all the parties
failed to appear in the hearing, without any acceptable excuse the Board shall re-summon the
parties to another session at which adjourned session. The Board may write off and close the
case if the parties failed to appear on the date fixed in the summons services.
3) Renewal of Application:
The applicant and the respondent in case a counter-claim is raised-may apply to the General
Manager to notify the Board of his application to renew the case within sixty days following the
notification of the write-off. The Board shall assume the proceedings on such application being
made. The agreement or the clause arbitration shall be deemed impliedly abandoned if no
application for renewal of the arbitration or the counter-claim is made within the aforesaid
period. The Board shall be competent to deal with all matters relating to the validity of the
renewal of the application and the abatement of the clause of arbitration by abandonment. The
resolution passed by the Board in this report shall be considered a final adjudication on the
case.
4) Hearing of the Application:
a) The Board shall commence to hear the case by reading out the application and the reply and
shall register the arbitration deed and cause it to be signed by the Board and the parties
thereto. b) The arbitration deed shall include a summary of the applicant's claim, defense raised by the
respondent to the documents of the parties, any claim or any counter-claim made by the
respondent, the documents relating thereto, the original time for the arbitration, any extension
thereof, sanction of the parties to adopt the Regulation of ADCCAC and the provisions therein
contained or any qualifications or rules adopted otherwise than those contained in the
Regulation of ADCCAC. c) On registering the arbitration deed the case shall be adjourned for examination and framing
of admissions and issues. d) In the sessions fixed for announcing admissions and issues the Board shall read out the
record and hear the parties on the contents thereof and consider their remarks and objections
and then adjourn the case to decide upon for the purpose of adducing evidence. e) If the Board decided to amend the record it shall re-draft it and read it out to the parties on
the date fixed for such action, or in any other session fixed by the Board. If the Board
otherwise held to adopt the record as it is, it shall call upon the parties to present their
evidence at a subsequent session. f) The parties shall in the session fixed for hearing the evidence, procedure all their evidence in
one lot by a docket explaining therein the number, date, summary of the contents of each
document and indication thereof and any other requests to hear witness or for examination or
expertise. The documents thus adduced in the case in the session fixed for the purpose shall
be delivered in a reciprocal manner before the Board which shall enter such process in the
record as a proof of taking place. g) On closing the evidence of the parties the case shall be adjourned to another session for
examination or study. 5) The Board may refer the case for further pleadings if it found this fit in order to finalize the
case or hearing witnesses or making any further examination whether requested by the parties
or on its own motion. 6) In all cases, examination or expertise or hearing of the witness or adducing evidence shall
take place in the presence of the parties in the sessions fixed for the purpose. 7) The Boards shall in cases of examination or hearing the evidence allow the parties the
opportunity to cross-examine the witnesses, discuss the evidence and the findings of the
reports of the experts assigned in the case. The parties may as well call the said experts
before the Board to be cross-examined on the findings they concluded in their reports. 8) On completion of pleadings and all examination case shall be reserved for passing the
award. The Board shall pass its award on the date fixed in the session for pleadings or at any
subsequent time to which the case may be adjourned for award, provided that award shall be
passed within the time fixed for completion of arbitration.
9) The awards of the collective boards shall be passed unanimously or by majority and the
dissenting arbitrator shall record his dissent in writing which shall be attached to the draft of
the award as an integral part thereof. 10) The Board on passing the award shall cause a draft to be written and signed by the
members of the Board together with the signature of the Secretary of the case and such draft
shall contain an ample summary of the case. The clause in the arbitration deed, the
proceedings of the case with a summary of the sessions concluding with the award which shall
show the opinion of the Board in respect of the relief claimed and their decision about
defraying the costs of arbitration or charges or fees and expenses between the parties under
Article (17) of the Regulation. The file of the case together with the draft of the award shall be
deposited vide a letter of a fixed date, signed by the Board, with the Secretary of Cases and
Disputes in the Center for the purpose of typing the award and issuing a certificate of
conclusion of arbitration. 11) The Secretary of Cases and Disputes shall cause the award to be typed and signed by the
Board. On completion of such process he shall make an entry in the prescribed register indicating the finalization of arbitration. 12) The Secretary General of Cases and Disputes shall process issuing of a certificate signed
by the Honorary Chairman of ADCCAC signifying the finalization of arbitration. 13) The Management of the Center shall provide the parties with a certified true copy of the
award on payment of all fees, expenses and charges prescribed in the case.14) The party
interested in obtaining urgently a copy of the award shall settle the share of his opponent in
such fees; expenses or charges and the Center shall then issue a certificate indicating that he
had settled such amount payable by his opponent.
ARTICLE (37)
Arbitration charges shall be paid out on finalization of the case and in case in accordance with
Article (17) of this Regulation.
ARTICLE (38)
The center shall keep all papers and enquiries made in respect of the arbitration cases and
shall not deliver the same except to the judicial bodies concerned under an official letter made
by such bodies fixing the method of sending or delivering such papers or inquiries