SECTION I INTRODUCTORY RULES 1
Article 1 Scope of Application
Article 2 Definitions
Article 3 Written Notifications, communications and Calculation of Period of Time
Article 4 Request/Notice of Arbitration
Article 5 Response to the Notice of Arbitration
Article 6 Reply to Counterclaim
Article 7 Representation and Assistance
Article 8 Designating an Appointing Authority
Article 9 Emergency Arbitrator
SECTION II – COMPOSITION OF THE ARBITRAL TRIBUNAL
Article 10 Number of Arbitrators
Article 11 Appointment of a Sole Arbitrator
Article 12 Appointment of an Arbitral tribunal
Article 13 Appointment of Arbitrators by Multiple Parties
Article 14 Appointment and Confirmation of Arbitrators
Article 15 Transmission of the File to the
Article 16 Disclosure
Article 17 Challenge of Arbitrators
Article 18 Replacement of an Arbitrator
Article 19 Resumption of Hearing in the Event of the Replacement of an Arbitrator 16
Article 20 Exclusion of Liability
SECTION III- ARBITRAL PROCEEDINGS
Article 21 General Provisions
Article 22 The Seat and Place of the Arbitration
Article 23 Language
Article 24 Terms of Reference
Article 25 Procedural Timetable
Article 26 Statement of Claim
Article 27 Statement of Defence
Article 28 Amendments to the Claim or Defence
Article 29 Pleas as to the Jurisdiction of the
Article 30 Further Written Statements
Article 31 Periods of Time
Article 32 Interim Measures
Article 33 Expedited Procedure
Article 34 Evidence
Article 35 Hearings
Article 36 Experts Appointed by the arbitral
Article 37 Default
Article 38 Closure of Hearings
Article 39 Waiver of Right to Object
SECTION IV-THE AWARD
Article 40 Settlement or Other Grounds for Termination
Article 41 Decisions
Article 42 Form and Effect of the award
Article 43 Interpretation of the Award
Article 44 Correction of the Award
Article 45 Additional Award
Article 46 Applicable Law
Article 47 Definition of Costs
Article 48 Advance to Cover Cost of Arbitration
Article 49 Allocation of Cost
These Rules govern both institutional and ad hoc arbitration and have been approved by the JICAM Governing Council on the 8th day of July, 2020. The aim is to assist the parties in the effective resolution of disputes and expeditious conduct of arbitral proceedings and other connected purposes. In force as at 8th July, 2020
Scope of Application
1. Where parties have agreed in writing that disputes between them in respect of a defined legal relationship, whether contractual or not shall be
referred to arbitration under the Arbitration and Conciliation Act (Chapter A18, Law of the Federation of Nigeria 2004) or under any other arbitration enactment or under the Arbitration Rules of the Janada International Centre for Arbitration and Mediation, 2020 (“JICAM Rules”) then such disputes shall be settled in accordance with these Rules, subject to any such modifications as the parties may agree.
2. Parties may choose to have their disputes settled in a cordance with the JICAM Rules, notwithstanding that they have agreed in writing that
disputes between them shall be referred to arbitration under any law other than the Arbitration and Conciliation Act.
3. Reference to the Rules shall include the Schedule of Registration Fees and Administrative Charges of the JICAM as well as the Schedule of Arbitrators’ Fees in effect on the date of commencement of the arbitration.
4. These Rules shall govern the arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.
1. “arbitral tribunal” means a sole arbitrator or a panel of arbitrators;
2. “award” means a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law;
3. “claimant” means the party initiating the arbitration and it includes counter-claimant;
4. “respondent” means the party against which the arbitration is initiated, as named in the Notice or Request for Arbitration;
5. “party” means a party to the arbitration agreement or to mediation or any person claiming through or under him while “parties” shall be construed according.
Written Notifications and Calculation of Periods of Time
1. A notice, including a statement of case, a notification communication or proposal, may be transmitted by any means of communication that provides or allows for a record of its transmission. All pleadings and other written communication submitted by any party as well as all other documents annexed thereto, shall be supplied in a number of copies sufficient to provide one for each arbitrator and one for the General Manager of the JICAM.
2. If an address has been designated by a party specifically for this purpose or authorized by the Arbitral tribunal, any notice shall be delivered to that party at the address, and if so delivered shall be deemed to have been received. Delivery by an electronic means such as facsimile or e-mail may only be made to an address so designated or authorized. A notice is deemed to be delivered when delivery is made by registered post, courier, email or any means of communication that provides a record of the sending thereof. A copy of any notification or communication for the arbitral panel to the parties shall be sent to the General Manager of the JICAM.
3. In the absence of such designation or authorization, a notice is: (a) received if it is physically delivered to the addressee or its representative; or
(b) deemed to have been received if it is delivered at the place of business, habitual residence or mailing address of the addressee.
4. If after reasonable efforts, delivery cannot be effected in accordance with paragraph 2 or 3, a notice is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means that provides a record of delivery or attempted delivery.
5. A notice shall be deemed to have been received on the day it is delivered in accordance with paragraph 2, 3 or 4 or attempted to be delivered in accordance with paragraph 4: A notice transmitted by electronic means is deemed to have been received on the day it is sent, except that a notice of arbitration so transmitted is only deemed to have been received on the day when it reaches the addressee’s electronic address.
6. For the purpose of calculating a period of time Rules, such period shall begin to run on the day following the day when a notice is received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first following business day. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period.
Request or Notice of Arbitration
1. The party or parties who initiates recourse to arbitration (hereinafter called the “Claimant”) shall communicate to the other party or parties
(hereinafter called the “Respondent”) a notice of arbitration, and where the parties have agreed that the arbitration is to be administered by the JICAM, the request for arbitration shall be sent to the General Manager of the JICAM. The General Manager of the JICAM shall forthwith notify the
Claimant and the Respondent of the receipt of the notice or request, as the case may be, and date of such receipt.
2. Arbitral proceedings shall be deemed to commence on the date on which the General Manager of the JICAM or Respondent receives the request or
notice of arbitration.
3. The request or notice of arbitration shall include the following:-
(a) The name in full, description, address and other contact details of each of the parties;
(b) The name in full, address and other contact details of any person(s) representing the claimant in the arbitration;
(c) A description of the nature and circumstances of the dispute giving rise to the claims and of the basis upon which the claims are made;
(d) A statement of the relief sought, together with the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims;
(e) Any relevant agreements and, in particular, the arbitration agreement(s);
(f) Where claims are made under more than one arbitration agreement, an indication of the arbitration agreement under which each claim is made;
(g) All relevant particulars and any observations or proposals concerning the number of arbitrators and their choice in accordance with the provisions of Articles 12 and 13, and any nomination of an arbitrator required thereby; and
(h) All relevant particulars and any observations or proposals as to the place of the arbitration, the applicable rules of law and the language of the arbitration.
4. The request or notice of arbitration may also include:
(a) A proposal for the designation of an appointing authority referred to in Article 8, paragraph 1;
(b) A proposal for the appointment of a Sole Arbitrator referred to in Article 11; or
(c) Notification of the appointment of an Arbitrator referred to in Article 10.
5. The constitution of the Arbitral tribunal shall not be hindered by any controversy with respect to the sufficiency of the notice of arbitration, which shall be finally resolved by the Arbitral tribunal.
6. Where the notice is also communicated to the General Manager, it shall also include:
(a) The fee prescribed in the Schedule of Registration Fees and Administrative Charges of the JICAM;and
(b) Sufficient copies as required by Article 2(1)
7. In the event that the Claimant does not comply with any of the requirements above, in a situation where the arbitration is to be administered by the Centre, the General Manager of the JICAM may fix a time limit within which the Claimant must comply. In the event that the Claimant does not
comply with the time fixed, the file shall be closed without prejudice to the Claimant’s right to submit the same claims at a later date in another request.
8. For arbitrations administered by the Centre, the General Manager of the JICAM shall send a copy of the Request or Notice and all annexed
documents to the Respondent for its response once the General Manager of the JICAM has sufficient copies of the Request or Notice and the required
Response to the Request or Notice of Arbitration
1. Within 30 days of the receipt of the notice or request, the Respondent shall communicate to the Claimant and where necessary, to the General
Manager a response to the request or notice of arbitration, which shall include:
(a) The names in full, description, address and contact details of each Respondent;
(b) The names in full, description, address and other contact details of any persons representing the Respondent in the arbitration;
(c) Comments including a confirmation or denial of the circumstances giving rise to the dispute and the claims of the Claimant;
(d) A response to the relief sought by the Claimant.
(e) Any relevant particulars and any observations or proposals as to the seat of the arbitration, the applicable rules of law and the language of
(f) Any other documents or information the Claimant consider appropriate for the efficient resolution of the dispute.
2. The response to the request or notice of arbitration may also include:
(a) Any plea that an Arbitral tribunal to be constituted under these Rules lacks jurisdiction;
(b) A proposal for the appointment of a Sole Arbitrator referred to in Article 11;
(c) Notification of the appointment of an arbitrator referred to in Article 10; and
(d) In case the Respondent formulates a claim against a party to the arbitration agreement other than the Claimant, a notice of arbitration in accordance with Article 3 of these Rules.
3. A counter claim or claim for the purpose of set-off, if any, including where relevant, an indication of the amount(s) involved, and the relief or remedy sought shall be included in the Response and shall include:
(a) A description of the circumstances of the dispute which give rise to a counterclaim and the basis for the counterclaim;
(b) A statement of the relief sought and the sums of any monetary counterclaims;
(c) Any relevant agreement and arbitration agreements.
(d) Where the counterclaims are made under more than one arbitration agreement,
4. The Respondent shall submit the response to the General Manager of the JICAM or to the Claimant as the case maybe, in the number of copies
specified by Article 3(1).
5. The General Manager of the JICAM or the Respondent shall communicate the response with the annexed document to all other parties.
6. The constitution of the Arbitral tribunal shall not be hindered by any controversy with respect to the Respondent’s failure to communicate a response to the notice of arbitration, or an incomplete or late response to the notice of arbitration, which shall be resolved finally by the Arbitral tribunal.
7. The General Manager of the JICAM or the Tribunal may grant an extension of time to the Respondent for submitting the Response. An extension will not be granted unless the application to extend time contains the observations or proposals of the Respondent about the choice and numbers of
arbitrators, and where required, the nomination of an arbitrator. If the Respondent fails to comply, the General Manager of the JICAM or the Tribunal shall proceed in accordance with the Rules.
Reply to the Counterclaim
The Claimant shall submit a reply to any counterclaim within 30 days from the receipt of the Counterclaim. For Centre-administered arbitrations, prior to the transmission of the file to the arbitral tribunal, the General Manager of the JICAM may grant the claimant an extension of time for submitting the reply.
Representation and Assistance
Each party may be represented or assisted by persons chosen by them. The names and addresses of such persons must be communicated to all parties and to the Arbitral tribunal and, where applicable, the General Manager of JICAM. Such communication must specify whether the appointment is being made for purposes of representation or assistance. Where a person is to act as a representative of a party, the Arbitral tribunal, on its own initiative or at the request of any party, may at any time require proof of authority granted to the representative in such a form as the Arbitral tribunal may determine.
Designating an Appointing Authority
1. Unless the parties have already agreed on the choice of an appointing authority, JICAM shall be the appointing authority in all proceedings to be
determined under the Arbitration and Conciliation Act or any other arbitration law that governs the affairs of the parties.
2. Where these Rules provide for a period of time within which a party must refer a matter to an appointing authority and no appointing authority
has been agreed on or designated, the period is suspended from the date on which a party initiates the procedure for approaching the JICAM until the
date of such agreement or designation. Where the appointing authority (where the appointing authority is not the JICAM) refuses to act, or fails to appoint an arbitrator within 20 days after receipt of a party’s request to do so, or fails to act within any other period provided by these Rules
or fails to decide on a challenge to an arbitrator within a reasonable time after receiving a party’s request to do so, any party may request the JICAM to be the appointing authority.
3. In exercising its functions under these Rules, the appointing authority may require from any party and the arbitrators any information it deems
necessary and it shall give the parties and, where appropriate, the arbitrators the opportunity to present their views in any manner they consider
appropriate. The sender shall also provide all other parties with all such communications to the appointing authority.
4. When the appointing authority is requested to appoint an arbitrator, the party making the request shall send copies of the notice of arbitration to the appointing authority and, if it exists, any response to the notice of arbitration. The appointing authority shall have regard to such
considerations as are likely to secure the appointment of an independent and impartial arbitrator and where necessary shall take into account the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties.
1. A party that needs urgent; preservatory and/or special measures prior to the constitution of an arbitral tribunal may make an application to the
General Manager of the JICAM for such measures and the appointment of an Emergency Arbitrator.
2. The General Manager of the JICAM upon receipt of an application duly made under this rule shall, where it deems fit, appoint an Emergency Arbitrator.
3. The appointed Emergency Arbitrator may act, subject to the following:
(a) The application is made to the JICAM General Manager of the JICAM prior to the transmission of the reference to the arbitral tribunal.
(b) The application requests the Emergency Arbitrator’s decision by way of an order.
(c) The parties undertake to comply with any order made by the Emergency Arbitrator (in the absence of both parties undertaking the applying party
undertakes to pay damages).
(d) The Emergency Arbitrator’s order does not foreclose the arbitral tribunal from finding of fact or determination.
4. Any order made by the Emergency Arbitrator expressly reserves the power of the substantive tribunal to reallocate the costs of such proceedings
and determine any claims arising out of or in connection with the compliance or noncompliance with the order. PROVIDED ALWAYS that the Emergency Arbitrator shall not exercise any powers (or may rescind any orders made) where it is shown that the parties have agreed to another pre-arbitral procedure that provides for the granting of conservatory, interim or similar measures or the parties have agreed to opt out of this rule SECTION II- COMPOSITION OF THE ARBITRALTRIBUNAL.
Number of Arbitrators
If the parties have not previously agreed on the number of arbitrators, there shall be only one arbitrator. The decision that there shall be a sole arbitrator shall be communicated to the parties by the General Manager of the JICAM.
Appointment of a Sole Arbitrator
If the parties have agreed that a sole arbitrator is to be appointed and may within 30 days after Request or Notice of Arbitration was received by the General Manager of the JICAM or the Respondent, agree on the nomination of a sole arbitrator for the confirmation of the General Manager of the JICAM. In the event that after 30 days the parties have not reached an agreement thereon, a sole arbitrator shall be appointed by the General Manager of the JICAM or upon a request for same being submitted to it by any of the parties (where the arbitration is ad-hoc), and its appointment shall be final.
Appointment of an Arbitral Tribunal
1. If three arbitrators are to be appointed, each party shall appoint one arbitrator. The nomination shall be made in the Request or Notice of Arbitration and the Response respectively. Both arbitrators appointed shall appoint the third arbitrator who shall preside over the arbitration. For Centre administered arbitrations, the General Manager of the JICAM shall appoint the third arbitrator who will act as the presiding Arbitrator of the Arbitral tribunal.
2. If a party fails to nominate an arbitrator as required above, the appointment shall be made directly by the General Manager of the JICAM for Centre administered arbitrations and by the General Manager of the JICAM acting upon a request made by either of the parties, for ad-hoc arbitrations.
Appointment of Arbitrators by Multiple Parties
1. For the purposes of Article 12, paragraph 1, where three arbitrators are to be appointed and there are multiple parties as Claimant or as Respondent, unless the parties have agreed to another method of appointment of arbitrators, the multiple parties jointly, whether as Claimant or as Respondent shall nominate an arbitrator for confirmation by the General Manager of the JICAM (for Centre administered arbitrations) within 30 days of the receipt of the Request or Notice of Arbitration or shall send the name of the jointly appointed arbitrator to the other party(ies) for ad-hoc
2. If the parties are unable to jointly nominate an arbitrator(s) the General Manager of the JICAM shall be at the liberty to appoint the arbitrator(s) for the defaulting joint parties.
Appointment and Confirmation of Arbitrators
The General Manager of the JICAM Governing Council shall make all confirmations and appointment of arbitrators where the arbitration is to be administered by the Centre. The Chairman shall in confirming or appointing arbitrators consider the prospective arbitrator’s nationality, residence, availability and ability to conduct the arbitration in accordance with the Rules.
Transmission of the File to the Arbitral Tribunal Immediately the arbitral tribunal is constituted, the General Manager of the JICAM shall transmit the file to the tribunal provided that the advance cost requested by the General Manager of the JICAM at the stage has been paid.
When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality, independence or availability. An arbitrator, from the time of his or her appointment and throughout the arbitral proceedings, shall immediately disclose any such circumstances to the parties and the other
arbitrators unless they have already been informed by him or her of these circumstances.
Challenge of Arbitrators
1. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality, independence or
2. A party may challenge the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made.
3. In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility of performing his or her functions, the procedure in respect of the replacement of an arbitrator as provided in Article 18 shall apply.
4. A party that intends to challenge an arbitrator shall send notice of its challenge within 30 days after it has been notified of the appointment of the challenged arbitrator, or within 30 days after the circumstances mentioned in Articles 17 (1) and (2) become known to that party. The notice of challenge shall state reasons for the challenge.
5. The notice of challenge shall be communicated to all other parties, to the arbitrator who is challenged, to the other arbitrators and, to the General Manager of the JICAM, where the arbitration is administered by the General Manager of the JICAM.
6. When an arbitrator has been challenged by a party, all parties may agree to the challenge. The arbitrator may also, after the challenge, withdraw
from his or her appointment. In neither case does this imply acceptance of the validity of the grounds for the challenge.
7. If, within 7 days from the date of the notice of challenge, not all parties agree to the challenge or the challenged arbitrator does not withdraw, the party making the challenge may elect to pursue it. In that case, within 7 days from the date of the notice of challenge, it shall seek a decision on the challenge from the General Manager of the JICAM, where the arbitration is Centre-administered.
8. The General Manager of the JICAM shall decide on the admissibility and the merits of the challenge after taking submissions from the other party and the challenged arbitrator.
Replacement of an Arbitrator
1. Subject to Paragraph 2 of this Article, in any event where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided in Articles 10 to 12 applicable to the appointment or choice of the arbitrator being replaced. This procedure shall apply even if during the process of appointing the arbitrator to be replaced, a party has failed to exercise its right to appoint or to participate in the appointment.
2. If, at the request of a party, the appointing authority determines that, in view of the exceptional circumstances of the case it would be justified for a party to be deprived of its right to appoint a substitute arbitrator, the General Manager of the JICAM may, after giving an opportunity to the parties and the remaining arbitrators to express their views:
(a) appoint the substitute arbitrator; or
(b) after the closure of the hearings, authorize the other arbitrators to proceed with the arbitration and make any decision or award.
Resumption of Hearings in the Event of the Replacement of an Arbitrator
If an arbitrator is replaced during proceedings, JICAM shall have discretion to decide whether or not to follow the original nominating process. When the arbitral tribunal is reconstituted and after the parties have been invited to comment, the arbitral panel shall determine if and to what extent prior proceedings shall be repeated before the reconstituted arbitral tribunal.
Exclusion of Liability
1. Save in the event of bad faith, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitral tribunal, the appointing authority and any person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration.
2. After the award has been made and the possibilities of correction and additional awards have lapsed or have been exhausted, neither the arbitral tribunal,the appointing authority nor any person appointed by the arbitral tribunal shall be under any legal obligation to make any statement to any person about any matter concerning the arbitration, nor shall any party seek to make any of these persons a witness in any legal or other proceedings arising out of the arbitration.SECTION III-ARBITRAL PROCEEDINGS
1. Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated equally and that at an appropriate stage of the proceedings each party is given a reasonable opportunity to present its case. The arbitral tribunal, in exercising its discretion, shall conduct the proceedings in a manner that avoids unnecessary delay and expense and provides a fair and efficient process for resolving the parties’ dispute.
2. If at an appropriate stage or the proceedings any party so requests, the arbitral tribunal shall hold hearings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument. In the absence of such a request, the arbitral tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted based on documents and other materials only.
3. All communications to the arbitral tribunal by one party shall be communicated by that party to all other parties and the General Manager of the
JICAM, in cases of Centre-administered proceedings. Such communications shall be made at the same time, except as otherwise permitted by the arbitral tribunal if it may do so under the applicable law.
4. The arbitral tribunal may, at the request of any party, allow one or more third parties to be joined in the arbitration as a party provided such person was a party to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person or persons to be joined the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties. The arbitral tribunal may make a single award or several awards in respect of all parties so involved in the arbitration.
5. The General Manager of the JICAM may extend the time limit set out in the Rules for the performance of any act pursuant to a reasoned request from any of the parties before the file is transmitted to the arbitral tribunal, or from the arbitral tribunal itself. The General Manager of the
JICAM may also extend time on its own initiative if it decides it is necessary.
6. The arbitral tribunal or the General Manager of the JICAM may at any time after the commencement ofthe arbitration, require proof of authority of the representatives of any of the parties.
The Seat and Place of the Arbitration
(1) The seat of the arbitration shall be designated –
(a) By the parties to the arbitration agreement or,failing such agreement;
(b) By any arbitral or other institution or person authorised by the parties with powers in that regard or, failing such authorisation;
(c) subject to subsection (2) of this Section, by the arbitral tribunal.
(2) Where the parties have not designated the seat of the arbitration and they have not authorised any arbitral or other institution to designate the seat of the arbitration, then the seat of the arbitration shall be any place in Nigeria as the arbitral tribunal may determine, unless the arbitral tribunal decides that a place in another Country should be the seat of the arbitration having regard to all the relevant circumstances, including, but not limited to –
(a) The Country with which the parties and the transaction have the closest connection;
(b) The law that the parties have selected to govern their substantive rights under the contract, and
(c) any law that the parties may have chosen to govern the arbitration.
(3) Notwithstanding the provisions of subsections (1) and (2) of this Section, the arbitral tribunal may,unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents.
(4) In this section the expression
(a) “Seat of arbitration” means the juridical seat of the arbitration for purposes of determination of the law that will govern the arbitration proceedings (the curial law).
(b) “Place” include a virtual place.
1. Subject to an agreement by the parties, the Arbitral tribunal shall after its appointment, promptly determine the language(s) to be used in the
proceedings. This determination shall apply to the Statement of Claim, the Statement of defence, and any further written statements and, if oral hearings take place, to the language(s) to be used at such hearings.
2. The arbitral tribunal may order that any documents annexed to the Statement of Claim or Statement of Defence, 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(s)agreed upon by the parties or determined by it.
3. Where there is a conflict between the arbitration Law 2004 and these Rules, or where parties do not agree on the language to be used, the provisions of Section 36 of the law shall prevail.
Terms of Reference
1. Once the arbitral tribunal has received the file from the General Manager of the JICAM, it shall draw up, in the presence of the parties, and taking into consideration the parties’ submissions, a documentdetermining its terms of Reference.
2. The Terms of Reference shall include the following information:
(a) The full names, description, addresses and other contact details of the parties and their representatives.
(b) The addresses (physical and electronic) submitted by each party as the address to which notifications are to be sent.
(c) A summary of the respective claims of each party and the relief sought.
(d) A list of the issues to be determined, unless the arbitral tribunal considers this to be inappropriate in the circumstances of the case.
(e) The full name, address and other contact details of the arbitrator(s).
(f) The seat of the arbitration.
(g) Any other information the arbitral tribunal deems necessary for the efficient resolution of the dispute.
3. The Terms of Reference shall be signed by the arbitral tribunal and all the parties and transmitted to the General Manager of the JICAM, where
necessary, within 30 days of the receipt of the case file from the General Manager of the JICAM by the arbitral tribunal.
4. In the event that any party refuses to participate in the drawing up of the Terms of Reference or to sign same, the Terms of Reference shall, where necessary, be submitted to the General Manager of the JICAM by the arbitral tribunal for approval.
5. Once the Terms of Reference have been signed or approved in accordance with these rules, the arbitration shall proceed. No party shall be allowed
to make new claims, which fall outside the Terms of Reference unless the arbitral tribunal so authorises after a consideration of the nature of the claims, the stage of the arbitration and other relevant circumstances.
1. At the time when the Terms of Reference are drawn up, the arbitral tribunal shall establish the provisional timetable for the arbitration.
2. In the case of Centre-administered arbitrations, the arbitral tribunal shall transmit the provisional timetable to the General Manager of the JICAM at the time that the Terms of Reference are transmitted to the General Manager of the JICAM.
3. The arbitral tribunal may at any time, after inviting the parties to express their views, extend or abridge any period of time prescribed under the provisional timetable. Such extensions shall be communicated to the General Manager of the JICAM, where necessary, immediately by the arbitral tribunal.
Statement of Claim
1. The Claimant shall communicate its Statement of Claim in writing to the Respondent and to each of the arbitrators within a period of time to be
determined by the arbitral tribunal. The Claimant may elect to treat its notice of arbitration referred to in Article 4 as a Statement of Claim, provided that the notice of arbitration also complies with the requirements of paragraphs 2 to 4 of this Article.
2. The Statement of Claim shall include the following particulars:
(a) The names and contact details of the parties;
(b) Astatement of the facts supporting the claim;
(c) The points in issue;
(d) The relief or remedy sought; and
(e) The legal grounds or arguments supporting claim.
3. Acopy of any contract or other legal instrument out of or in relation to which the dispute arises as well as a copy of the arbitration agreement shall be annexed to the Statement of Claim.
4. The Statement of Claim should be accompanied as far as possible, by all documents and other evidence relied upon by the Claimant, or contain references to them.
Statement of Defence
1. The Respondent shall communicate its Statement of Defence in writing to the Claimant and to each of the arbitration within a period of time to be
determined by the arbitral tribunal. The Respondent may elect to treat its response to the notice of arbitration referred to in Article 5 as a
Statement of Defence, provided that the response to the notice of arbitration also complies with the requirements of paragraph 2 of this Article.
2. The Statement of Defence shall reply to the particulars contained in Article 26 paragraph 2(a) to (g). The Statement of Defence should be
accompanied as far as possible, by all documents and other evidence relied upon by the Respondent, or contain reference to them.
3. In its Statement of Defence or at a later stage in the arbitral proceedings if the arbitral tribunal decides that the delay was justified under the circumstances, the Respondent may make a counter-claim or rely on a claim for the purpose of a set-off provided that the arbitral tribunal has jurisdiction over it.
4. The provisions of article 26 paragraphs 2 to 4, shall apply to a counter-claim, a claim under Article 5 paragraph 2(d) and a claim relied on for the purpose of a set-off.
Amendments to the Claim or Defence
During the course of the arbitral proceedings, a party may amend or supplement its claim or defence, including a counter-claim for the purpose of a set-off, unless the arbitral tribunal considers it inappropriate to allow such amendment or supplement, having regard to the delay in making it or prejudice to other parties or any other circumstances. A claim or defence, including a counter-claim or a claim for the purpose of a set-off,
may however not be amended or supplemented in such a manner that the amended or supplemented claim or defence falls outside the jurisdiction of the arbitral tribunal.
Pleas as to the Jurisdiction of the Arbitral Tribunal
1. The Arbitral tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is invalid shall not automatically imply the invalidity of the arbitration clause.
2. A plea that the arbitral tribunal does not have jurisdiction shall be raised no later than in the Statement of Defence or, with respect to a counterclaim or a claim for the purpose of a set-off, in the reply to the counter-claim or claim for the purpose of a set-off. A party is not precluded from raising such a plea by the fact that it has appointed or participated inthe appointment of an arbitrator. 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. The Arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.
3. The arbitral tribunal may rule on a plea referred to in paragraph 2 either as a preliminary question or in an award on the merits. The Arbitral tribunal may continue the arbitral proceedings and make an award, notwithstanding any pending challenge to its jurisdiction before a court.
Further Written Statements
The arbitral tribunal shall decide which further written statements, in addition to the Statement of Claim and the Statement of Defence, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements.
Periods of Time
The periods of time fixed by the Arbitral tribunal for the communication of written statements (including the Statement of Claim and the Statement of Defence) should not exceed 45 days. However, the arbitral tribunal may extend the time limits if it concludes that an extension is justified.
1. Subject to prior agreement of the parties, the arbitral tribunal may, at the request of a party, grant interim measures.2 Interim measures are any temporary measures by which, at any time prior to the issuance of the award that decides the dispute finally, the arbitral tribunal orders a party, for example and without limitation, to:
(a) maintain or restore the status quo pending
determination of the dispute;
(b) take action that would prevent, or refrain from
asking action that is likely to cause;
(i) current or imminent harm; or
(ii) prejudice to the arbitral process itself;
(c) provide a means of preserving assets out of which
a subsequent award may be satisfied; or
(d) preserve evidence that may be relevant and material to the resolution of the dispute.
3. The party requesting interim measures under paragraph 2(a) to (c) shall satisfy the arbitral tribunal that:
(a) harm not adequately reparable by an award of damages is likely to result if the measures are not ordered, and such harm substantially outweighs
the harm that is likely to result to the party against whom the measures are directed if granted; and
(b) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
4. With regard to a request for interim measures under paragraph 2(d), the requirements in paragraphs 3(a) and (b) shall apply only to the extent that the arbitral tribunal considers appropriate.
5. The arbitral tribunal may modify, suspend or terminate any interim measures it has granted upon the application of any party or, in exceptional
circumstances and upon prior notice to the parties, on its own initiative.
6. The arbitral tribunal may require the party requesting any interim measures to provide appropriate security in connection with the interim measure(s).
7. The arbitral tribunal may require any party to promptly disclose any material change in the circumstance upon which the interim measure was requested or granted.
8. The party requesting any interim measures may be liable for any costs and damages caused by the interim measure(s) to any party if the arbitral tribunal later determines that, in the circumstances then prevailing, the interim measure(s) should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings.
9. A request for interim measures addressed by any party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.
1. By agreeing to arbitration under the Rules, the parties agree that this Article 33 and the Expedited Procedure Rules set forth in Appendix II (collectively the “Expedited Procedure Provisions”) shall take precedence over any contrary terms of the arbitration agreement.
2. The Expedited Procedure Rules set forth in Appendix II shall apply if: a) The amount in dispute does not exceed the limit set out in Article 1(2) of Appendix II at the time of the communication referred to in Article 1(3) of that Appendix; or b) The parties so agree.
3. The Expedited Procedure Provisions shall not apply if: a) The arbitration agreement under the Rules was concluded before the date on which the Expedited Procedure Provisions came into force; b) The parties have agreed to opt out of the Expedited Procedure Provisions; or c) The Court, upon the request of a party before the constitution of the arbitral tribunal or on its own motion, determines that it is inappropriate in the circumstances to apply the Expedited Procedure Provisions.
1. Each party shall have the burden of proving the facts relied on to support its claim or defence.
2. Witnesses, including expert witnesses who are presented by the parties to testify before the arbitral tribunal on any issue of fact or area of expertise, may be any individual, notwithstanding that the individual is a party to the arbitration or in any way related to any party. Unless otherwise directed by the arbitral tribunal, statement by witnesses, including expert witnesses, may be presented in writing and signed by them.
3. At any time during the arbitral proceedings, the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a period of time as it shall determine.
4. The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered.
1. In the event of an oral hearing, the arbitral tribunal shall give the parties adequate advance notice of the date, time and place thereof. Unless the parties have otherwise jointly consented, hearing will held not later than 60 days from the commencement of the arbitration. The oral hearing shall be for a maximum of two days
2. Witnesses, including expert witnesses, may be heard and questioned in the manner and under the conditions set forth by the arbitral tribunal.
3. Hearings shall be held in camera unless the parties agree otherwise. The arbitral tribunal may require the sequestration of any witness or witnesses, including expert witnesses, during the testimony of other witnesses, except that a witness, including an expert witness, who is a party to the arbitration, shall not in principle, be asked to step out of the proceedings.
4. The arbitral tribunal may direct that witnesses, including expert witnesses, be examined through means of telecommunication (including video or
audio conferencing) that do not require their physical presence at the hearing.
5. Where it is impracticable to hold oral hearing, the arbitral tribunal, with the consent of the parties, may conduct virtual hearing of the whole or part of the arbitral proceedings. Provided that where a party unreasonably withholds consent to conduct a virtual hearing, the arbitral tribunal is empowered to order for virtual hearing of the whole or part of the proceedings.
Experts Appointed by the Arbitral Tribunal
1. After consultation with the parties, the arbitral tribunal may appoint one or more independent experts to report to it in writing on specific issues, for its determination. A copy of the terms of reference established for the expert(s) by the arbitral tribunal shall be communicated to the
parties and the General Manager of the JICAM.
2. The expert(s) shall before accepting the appointment, submit to the arbitral tribunal and to the parties a description of his or her qualifications and a statement of his or her impartiality and independence. Within the time ordered by the arbitral tribunal, the parties shall notify the Arbitral tribunal and the General Manager of the JICAM, where necessary, of any objections as to the expert’s qualifications,
impartiality or independence. The arbitral tribunal shall decide promptly whether to accept or reject any such objections. After an expert’s appointment, a party may object to the expert’s qualifications, impartiality or independence only if the objection is for reasons of which the party only becomes aware after the appointment has been made. The arbitral tribunal shall decide promptly what, if any, action to take.
3. The parties shall give the expert(s) any relevant information or produce for his or her inspection any relevant documents or goods required of them. Any dispute between a party and such expert as to the relevance of the required information, documents or goods shall be referred to the arbitral tribunal for decision.
4. Upon receipt of the expert’s report, the arbitral tribunal shall forward a copy of the report to all the parties who shall be given the opportunity to express their opinion on the report in writing. A party shall be entitled to examine any document upon which the expert has relied in his or her report.
5. At the request of any party after the submission of the report, the expert(s) may be invited to a hearing where the parties shall have the opportunity to interrogate the expert(s). At this hearing any party may present expert witnesses to testify on the points in issue.
1. If, within the period of time fixed by these Rules or the arbitral tribunal and without showing sufficient cause:
(a) The Claimant has failed to forward its Statement of Claim, the arbitral tribunal shall issue an order for the termination of the proceedings, unless there are remaining matters that may need to be decided and the arbitral tribunal considers it appropriate to do so;
(b) the Respondent has failed to forward its response to the notice of arbitration or its Statement of Defence, the Arbitral tribunal shall order that the proceedings continue, without treating such failure in itself as an admission of the Claimant’s allegations. The provisions of this sub-paragraph also apply to a Claimant’s failure to submit a defence to a counter-claim or to a claim for the purpose of a set-off.
2. If a party, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause, the arbitral tribunal may proceed with the arbitration.
3. If a party, duly invited by the arbitral tribunal to produce documents, exhibits or other evidence, fails to do so within the prescribed period of time without showing sufficient cause, the Arbitral tribunal may make the award based on the evidence before it.
Closure of Hearings and proceedings
1. Prior to the closing of the hearings, 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 and proceedings closed. The proceedings should be closed, wherever reasonably possible within more than three (3) months after the establishment of the tribunal.
2. The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide on its own initiative or upon application of a party to reopen the hearings at any time before the award is made.
3. Once the arbitral tribunal closes the hearing or proceedings, no further submission or arguments may be made, or evidence produced, with respect to the matter to be decided in the award without the express authorisation of the arbitral tribunal.
4. The arbitral tribunal shall once it closes the proceedings, inform the General Manager of the JICAM of the date it intends to publish the award to the parties.
Waiver of Right to Object
A failure by any party to object promptly to any noncompliance with these Rules or with any requirement of the arbitration agreement shall be deemed to be a waiver of the right of such a party to make such an objection, unless the party can show that under the circumstances, its failure to object was justified.
SECTION IV-THE AWARD
Settlement or Other Grounds for Termination
1. If before the award is made the parties agree on a settlement of the dispute, the arbitral tribunal shall either issue an order for the termination of the proceedings or, if requested by the parties, record the 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 proceedings becomes unnecessary or impossible for any reason not mentioned in paragraph 1, the arbitral tribunal shall inform the parties of its intention to issue an order for the termination of proceedings. The arbitral tribunal shall have the power to issue such an order unless there are remaining matters that may need to be decided and it considers it appropriate to do so.
3. Copies of the order for termination of proceedings or of the arbitral award on agreed terms, signed by the arbitrators, shall be communicated by the Arbitral tribunal to the parties. Where an arbitral award on agreed terms is made, the provisions of Article 42, paragraph 2, 4 and 5 shall apply.
1. When there is more than one arbitrator, any award or other decision of the arbitral tribunal shall be made by a majority of the arbitrators. The award should, wherever reasonably possible, be made within one month of the closure of the proceedings.
2. In the case of question of procedure, where there is no majority or where the arbitral tribunal so authorizes, the presiding arbitrator may decide alone, subject to review if necessary, by the arbitral tribunal.
Form and Effect of the Award
1. All awards shall be made in writing and shall be final and binding on the parties. The parties shall carry out all awards without delay.
2. The arbitral tribunal shall state the reasons upon which the award is based, unless the parties have agreed that not reasons are to be given.
3. An award shall be signed by the arbitrators and it shall contain the date on which the award was made and indicate the place of arbitration.Where there is more than one arbitrator and any of them fails to sign, the award shall state the reasons for the absence of the signature.
4. The presiding or sole arbitrator shall be responsible for delivering the award directly to the parties or to the General Manager of the JICAM, which shall transmit certified copies to the parties, provided that the costs of the arbitration have been paid to the arbitral tribunal or the General Manager of the JICAM in accordance with Article 45.
5. A monetary award may be expressed in such currency as may be applicable to the proceedings and as claimed by the successful party.
6. The arbitral tribunal may order that simple or compound interest shall be paid by any party on any sum awarded/ at such rates as the arbitral tribunal determines to be appropriate, without being bound by rates of interest imposed by any court, and in respect of any period that the arbitral
tribunal determines to be appropriate, ending not later than the date upon which the award is complied with.
7. An award may be made public with the consent of all the parties, or where and to the extent that a legal duty to disclose is required of a party in order to protect or pursue a legal right, or in relation to legal proceedings before a court or other competent authority.
Interpretation of the Award
1. Within 30 days after the receipt of the award a party, with notice to the other parties, may request that the Arbitral tribunal 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 Article 42, paragraphs 2 to 6, shall apply.
Correction of the Award
1. Within 30 days after the receipt of the award, a party, with notice to the other parties, may request the Arbitral tribunal to correct any error in computation, any clerical or typographical error or any error or omission of a similar nature in the award. If the Arbitral tribunal considers that the request is justified, it shall make the correction within 45 days of receipt of the request.
2. The Arbitral tribunal may within 30 days after the communication of the award make such corrections where necessary on its own initiative.
3. Such corrections shall be in writing and shall form part of the award. The provisions of Article 42, paragraphs 2 to 6, shall apply.
1. Within 14 days after the receipt of the termination order or the award, a party with notice to the other parties and the General Manager of the JICAM, where necessary, may request the Arbitral tribunal to make an award or an additional award as to claims presented in the arbitral proceedings but not decided by the Arbitral tribunal.
2. If the Arbitral tribunal considers the request for an award or additional award to be justified, it shall render or complete its award within 30 days after the receipt of the request. The Arbitral tribunal may if necessary, extend the period of time within which it shall make the award.
3. When such an award or additional award is made, the provisions of Article 42, paragraphs 2 to 6 shall apply.
1. The arbitral tribunal shall apply the rules of the lawdesignated by the parties as applicable to the substance of the dispute, failing such designation by the parties, the arbitral tribunal shall apply any law that it determines to be appropriate
2. In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract, if any and shall take into account any usage of trade applicable to the transaction.
3. The arbitral tribunal shall decide the dispute in accordance with the rules in force in the country whose laws the parties have chosen as applicable to the substance of the dispute.
4. Any designation of the law or legal system of a country shall, unless otherwise expressed, be construed as directly referring to the substantive
law of that country and not to its conflict of law rules.
5. Where the law of the country to be applied is not determined by the parties, the arbitral tribunal shall apply the law determined by the conflict of the law rules which it considers applicable.
6. The arbitral tribunal shall not decide ex aequo et bono or as amiable compositeur unless the parties have expressly authorised it to do so.
7. In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take account of the usages of the trade applicable to the transaction.
8. If the arbitration law of the country where the award is made requires that the award be filed or registered by the arbitral tribunal, the arbitral tribunal shall comply with this requirement within the period of time required by law.
Definition of Costs
1. The term “costs” includes only: (a) The fees of the Arbitral tribunal to be stated separately as to each arbitrator and to be fixed by the tribunal itself in accordance with the scale of fees in force at the time of the commencement of the arbitration; (b) The reasonable travel and other expenses incurred by the arbitrators; (c) The reasonable cost of expert advice and of other assistance required by the Arbitral tribunal;- (d) The reasonable travel and other expenses of witnesses to the extent that such expenses are approved by the Arbitral tribunal; (e) The legal and other costs incurred by the parties in relation to the arbitration to the extent that the Arbitral tribunal determines that the amount of such costs is reasonable; and (f) Cost of third party funding.
2. In relation to interpretation, correction or completion of any award under Articles 38 to 40, the Arbitral tribunal may charge the costs referred
to in paragraphs 2(b) to (f), but no additional fees.
Advance to cover the Costs of the Arbitration
1. Upon receipt of the Request/Notice of Arbitration, the General Manager of the JICAM may request the Claimant to pay a provisional advance in an amount intended to cover the costs of the arbitration until the Terms of Reference have been drawn up.
2. A provisional advance paid by the Claimant shall be considered as a partial payment by the Claimant of any advance on costs fixed by the General Manager of the JICAM pursuant to this Article 47.
3. The General Manager of the JICAM shall fix the advance on costs taking into consideration the amount likely to cover the fees and expenses of the
arbitrators and the administrative expenses of the General Manager of the JICAM in a Centre administered arbitration. The advance on costs shall be payable in equal share by the Claimant and the Respondent.
4. In the event that a party submits a counterclaim or claims a right to a set-off, the General Manager of the JICAM or the arbitral tribunal shall fix separate advances on costs for the claim and the counterclaim/right to set-off. Each party shall pay the advance on costs corresponding to its claim.
5. The General Manager of the JICAM may readjust the amount set as advance on costs at any time during the arbitration. In the event that a party fails to pay its share of the advance costs, any party is at liberty to pay the other party’s share of the advance on costs.
6. Where the parties fail to comply with a request from the General Manager of the JICAM after consultation with the arbitral tribunal, may direct
the arbitral tribunal to suspend its work and impose a time limit for the payment of the advance costs. The time limit set shall not be less than 15days and on its expiring, relevant claim shall be considered as withdrawn if the payment is not made. Where the affected party objects to this easure, it must make a request within the aforementioned time limit for the matter to be decided by the General Manager of theJICAM. A matter whose claim is deemed withdrawn shall not be prevented on the ground of such withdrawal, from reintroducing the same claim as a later date in another proceeding.
Allocation of Costs
1. The costs of the arbitration shall in principle be borne by the unsuccessful party or parties. 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. The arbitral tribunal shall in the final award or if it deems appropriate in any other award, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs.
SECTION V – GENERAL PROVISIONS
These Rules may be cited as the Janada International Centre for Arbitration and Mediation (JICAM) Rules, 2020.
Hon. Justice Ibrahim Ndahi Auta, OFR, FCIArb. (Rtd)
(Chairman, JICAM Governing Council