SCC ExpArb SCC Expedited Arbitration Rules (2023)
SCC ExpArb
SCC Expedited Arbitration Rules (2023)
(1) The Board shall determine an amount to be paid by the parties as an advance on costs.
(2) The advance on costs shall correspond to the estimated amount of the costs of arbitration pursuant to Article 49 (1).
(3) Each party shall pay half of the advance on costs unless separate advances are determined. Where counterclaims or set-offs are submitted, the Board may decide that each party shall pay advances corresponding to its claims. Where an additional party is joined to the arbitration pursuant to Article 14, the Board may determine each party’s share of the advance on costs as it deems appropriate, having regard to the circumstances of the case.
(4) At the request of the Arbitrator, or if otherwise deemed necessary, the Board may order the parties to pay additional advances during the course of the arbitration.
(5) If a party fails to make a required payment, the Secretariat shall give the other party an opportunity to do so within a specified period of time. If the payment is not made within that time, the Board shall dismiss the case in whole or in part. If the case has been referred to the Arbitrator, the Arbitrator shall terminate the case in whole or in part.
(6) If the other party makes the required payment, the Arbitrator may, at the request of that party, make a separate award for reimbursement of the payment.
(7) At any stage during the arbitration or after the award has been made, the Board may draw on the advance on costs to cover the costs of the arbitration.
(8) The Board may decide that part of the advance on costs may be provided in the form of a bank guarantee or other form of security.
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