191 / 473
NEWSLETTER 2013
178
Unless the respondent’s pleas are accepted and it is decided that the
dispute cannot be resolved by arbitration, the arbitration shall proceed.
Moreover, a party’s refusal or failure to participate in any stage of the
arbitration shall not affect the proceeding of the arbitration.
Terms of Reference
Pursuant to Art. 23(1) of the Rules, the arbitral tribunal shall draw up,
on the basis of documents or in the presence of the parties and in light of
their most recent submissions, a document defining its terms of reference
upon receiving the file from the secretariat. This document is called the
“terms of reference”. The terms of reference, along with the arbitration
agreement is one of the most important documents of the arbitration
proceedings. The terms of reference specifies the content and limits of
the proceeding.
The terms of reference includes:
(i) the names in full, description, address and other contact details
of each of the parties and of any person(s) representing a party
in the arbitration;
(ii) the addresses to which notifications and communications
arising in the course of the arbitration may be made;
(iii) the relief sought by each party, together with the amounts of
any quantified claims and, to the extent possible, an estimate of
the monetary value of any other claims;
(iv) unless the arbitral tribunal considers it inappropriate, a list of
issues to be determined;
(v) the names, address and other contact details of the arbitrators;
(vi) the place of arbitration and
(vii) particulars of the applicable procedural rules and, if such is the
case, reference to the power conferred upon the arbitral tribunal
to act as amiable compositeur or to decide ex aequo et bono.
The parties are deemed to have accepted the authority of the arbitral
tribunal and the scope of the proceeding by signing this document. In
the event a party refuses to take part in the drawing up of the terms of
reference or sign such document, this document shall be approved by