(c) An arbitration agreement shall be deemed to be effective if it satisfies the requirements as to form, existence, validity and scope of either the law applicable under subparagraph (a) or the rules applicable under subparagraph (a) or the law applicable under subparagraph (b). (a) The court or tribunal shall decide on the merits of the case in accordance with the law or rules of law chosen by the parties. Unless otherwise provided, any designation of the law of a particular State shall be construed as directly referring to the substantive law of that State and not to its conflict-of-laws rules. If the parties do not have a legal option, the court will apply the law or rules of law it deems appropriate. In all cases, the court shall decide with due regard to the terms of a relevant contract and taking into account applicable commercial practices. The court may only decide as amiable composer or ex aequo et bono if the parties have expressly authorized it to do so. (d) The request for emergency assistance shall be subject to proof of payment of the administrative fee and the initial filing of the emergency arbitrator`s fees in accordance with the schedule of fees in force on the date of commencement of the emergency assistance proceedings. (a) If the parties have agreed on a procedure for the appointment of the arbitrator or arbitrators, that procedure shall apply. The claimant shall transmit the request for arbitration to the Center and to the respondent.
(b) If the other two arbitrators decide not to continue the arbitration without the participation of a third arbitrator, the Center shall declare the Bureau vacant if it proves that the arbitrator did not participate in the work of the Tribunal, and shall appoint an alternate arbitrator in the exercise of the discretion provided for in Article 33. unless the parties agree otherwise. (e) A party shall be responsible for the practical arrangements, costs and availability of witnesses it summons. The court may, in its sole discretion, stay or continue the arbitration while the dispute is pending. (c) Unless the parties agree otherwise, all hearings shall be held in camera. (d) The opinion of an expert on the question or questions referred to it shall be subject to the power of the court to assess those questions in all the circumstances of the case, unless the parties have agreed that the expert`s decision on a particular question is final. (a) The court shall decide on admissibility, relevance, substance and probative value. (d) If a party fails to comply without good cause with a provision or requirement of these Rules or with an instruction issued by the court, the court may make such conclusions as it deems appropriate. The amount and timeliness of arbitrators` fees, as well as the terms and timing of their payment, shall be determined by the Center after consultation with the arbitrators and the parties in accordance with the schedule of fees in force on the date of receipt of the request for arbitration by the Center. (iv) a brief description of the nature and circumstances of the dispute, including an indication of the rights and property concerned and the nature of the technology involved; (a) The tribunal shall have the power to raise and determine its own jurisdiction, including any objection to the form, existence, validity or scope of the arbitration agreement considered in accordance with article 61 (c); (i) The Center shall transmit an identical list of candidates to each Party. The list usually contains the names of at least three candidates in alphabetical order.
This list shall contain or be supplemented by a declaration of the qualifications of each candidate. Where the parties have agreed on specific qualifications, the list shall include the names of candidates who meet those qualifications. (b) The Tribunal may, at any time during the arbitration, at the request of a party or on its own initiative, order a party to produce such documents or other evidence as it considers necessary or appropriate, and may order a party to make available to the Tribunal or an expert appointed by the Tribunal or to the other party, for inspection or examination. `arbitral tribunal` means a sole arbitrator or all arbitrators where more than one arbitrator is appointed; (j) The emergency arbitrator shall terminate the emergency measures proceedings if the arbitration is not commenced within 30 days of the commencement of the emergency measures proceedings. (a) If a counterclaim or set-off has been made or invoked, the claimant shall respond to the details. Article 42(a) and (b) shall apply mutatis mutandis to that reply. Words used in the singular include the plural and vice versa, depending on the context.