The Amiri Decree No 6 of 2004
Concerning the Rules of Ajman Center for Commercial Conciliation and Arbitration
Concerning the Rules of Ajman Commercial Conciliation and Arbitration Centre We, Humaid bin Rashid Al Nuaimi, member of the supreme council, the Ruler of Ajman, after taking cognizance of the provisions of Art. 6-1 and 16 of the Amiri decree No. 3of 2002 issued by concerning Ajman Chamber of Commerce and Industry; and After reviewing the Rules organizing the arbitration procedures provided for in Federal law No. 11 of 1992 concerning the Civil Procedures; and Based on our believe on the substantial role of the commercial conciliation and arbitration tribunals in resolving the disputes arising from the transactions in the various aspects of the economic activities, by amicable quick efficient and economical methods with insurance of confidentiality, privacy and justice to all parties to a dispute whether companies or individuals; and Based on our interest to develop the commercial conciliation and arbitration mechanism in the Emirate to cope with the modern understandings and the methods followed by the international arbitration centers as well as arbitration centers in the other emirates within the UAE, to be used by the various economic entities in the emirate for resolving the domestic and international disputes; and According to the proposal made by the Director General of Ajman Chamber of Commerce & industry to the Executive Council of the Emirate and the approval by the said council; and After consultation with the competent authorities in the Emirates.
We resolve the following decree.
Name of the Decree and Date of Enforceability
This decree shall be called; The Amiri Decree No. 6 of 2004 concerning the rules of Ajman Commercial Conciliation and Arbitration Center; and shall become info force as from the date of signing hereof.
Unless the text indicates otherwise, the following words and phrases shall have, for the purpose or these Rules, the meaning set forth opposite each of them; The State: Refers to The United Arab Emirates.
The Emirate the emirate of Ajman.
Ajman Chamber Ajman chamber of Commerce & Industry.
The Boar of Ajman Chamber the Board of Directors of Ajman Chamber of Commerce & Industry.
The Center Ajman Commercial conciliation and Arbitration Center.
The Center Management Committee A Committee formed by the Ajman Chamber to manage the Center and carry out the duties assigned to it under Art. 5 hereof.
Committee Secretary The Director of the Legal department of Ajman chamber or any other legal advisor appointed by Ajman Chamber to carry out the duties of the Committee's Secretary as per Art. 7 of this Decree.
Conciliation Panel formed by the Centre in accordance with Art. 11 (4-A) of this Decree, for resolving a Arbitration Tribunal: A panel formed by the Centre in accordance with Art. 18 of this Decree, for resolving a particular Dispute by way of arbitration if the parties agree to appoint one arbitrator to decide, alone, on the dispute.
Expert The person who has expertise in any filed such as commerce, finance, engineering, accounting, law or other technical fields, appointed by the Centre or a Conciliation or Arbitration Panel to render technical or scientific opinion in any matter relates to a dispute referred for conciliation or arbitration in accordance with the terms hereof.
Establishment of the Centre, its administrative and financial relationship with the Chamber and its professional independence
3-1 A permanent centre for commercial conciliation and arbitration called ;Ajman commercial conciliation & Arbitration Centre; shall be established in Ajman Chamber for resolving, finally, by way of conciliation or arbitration, the commercial disputes filed in the Ajman Chamber or the Centre in accordance with this decree.
3-2 The Centre shall be subordinate to Ajman Chamber in all aspects relating to the administrative and financial affairs of the Centre. The competent department in Ajman Chamber shall appoint the employees of the Centre in accordance with the Rules governing the appointment of the employees of Ajman Chamber.
3-3 Notwithstanding the provisions of Articles 3-1 and 3-2, the Centre and each conciliation or arbitration panel formed by the Centre, shall be impartial, neutral and independent in performing its duties of deciding the disputes brought before any of them without any interference from the Board of the Chamber of any leading officials in the Chamber.
3-4 The Centre Management Committee, Committee's Secretary and any conciliator or arbitrator appointed by the Centre to resolve any dispute, shall remain impartial and neutral in dealing with the disputant parties, treat them equally and ensure that each party gets full chance to present this case and, finally, resolve the dispute in accordance with the duly applicable methods of evidence and the principles of justice and equity provided for by the constitution of the state and legislations in force.
Formation of the Management Committee, its term, location and meetings
4-1 Notwithstanding the provisions of the Law of Ajman Chamber concerning the specialized committees, the Board of the Chamber shall from a management committee for the Centre to be presided by one of the members of the Chamber's Board. The management committee shall compose for four members with academic qualifications and expertise in the field of law and arbitration. Such members shall be nominated for a renewable term of three years. The Centre Management Committee may select a deputy chairman from its members. The Chambers Board shall determine the remuneration of the chairman and members of the Centre Management Committee.
4-2 The chairmen of the Centre Management Committee shall be the legal representative of the Centre before the Chamber's Board courts, public authorities and shall remain in position throughout his membership term in the Chamber's Board. The capacity of The capacity of the chairman of the Committee shall expire automatic ally when the term of the Board of the Chamber expires or the capacity of the chairman of the Committee as a Board's member, expires.
4-3 the location of the Centre shall be in the premises of Ajman Chamber. The Centre Management Committee shall convene upon invitation from its chairman or his deputy and the quorum of the meeting shall be achieved by attendance of four members provided that one of them is the chairman or his deputy.
Jurisdiction of the Centre Management Committee
The Centre Management Committee shall have jurisdiction to do the following.
A. To Decide on the administrative and financial matters relating to the Centre, subject to the applicable administrative and financial regulations of Ajman Chamber.
B. To supervise the Commercial Conciliation & Arbitration embodied in this decree.
C. Subject to the provisions of this Decree, establishing internal regulation or issue orders for performing the Centre's activities.
D. Preparing the annual report of the Centre's activities and submit the same to the chamber's Board for approval.
E. Establishing a list of the conciliators, arbitrators and experts in the different fields, approved by the Centre.
F. Selecting one or more conciliators in accordance with the provisions of Article (11-4) of this Decree and appoint any arbitrator or arbitral tribunal in any dispute pursuant to Article (18) of this Decree.
G. To exert the efforts for developing the principles of commercial arbitration in the Emirates and draft standard contracts for each commercial transaction conducted in the Emirate embodying in these contracts a clause provides for resolution of disputes arise between the parties by quick, amicable and efficient method under supervision of Ajman Chamber.
H. Summarize the basis of the arbitral awards issued by the arbitral tribunals, in Emirate or the stare, and classify, compile and publish the same for public interest.
I. Fixing the place of arbitration in the event the parties do not agree thereto.
J. propose regulations of the Fees for Conciliation and Arbitration and the table of conciliators and arbitrators, remunerations, from time to time, and any internal regulation for implementation of the Rules provided for in this Decree.
K. Keep and maintain the documents of the Centre and files of the cases, safely.
L. Carry out any other task assigned to it by the Board of Ajman Chamber.
Disclose the private Interest
6-1 No member of the Center Management Committee shall be allowed to attend or participate in any discussion of any subject before the said Committee and no person shall be allowed to attend or participate in any Conciliation or Arbitration proceedings concerning any dispute under this Decree; if such member or a person, as the case may be, is a party to the said dispute or subject, has direct or indirect interest, is a relative of any of the parties by blood or marriage to the fourth degree, is an agent of one of the parties in his private business or his legal representative or guardian. However, such member or person, as the case may be, must disclose in writing to the Centre Management Committee his private interest in any of the above mentioned events.
6-2 The Centre Management Committee shall cancel the appointment of any member of a Conciliation and Arbitration Panel whenever it comes to know that such member has a private interest, whether the member has disclosed such interest or not. Any action of the panel in which such member has participated in violation to this Article, shall be void.
Secretary of the Committee
The Director of the Legal Department of Ajman Chamber, by virtue of his office, shall act as secretary of the Centre Management Committee. The secretary shall carry out the following tasks.
a) Receiving and responding to applications for conciliation or arbitration and all documents concerning the Dispute, prepare a file for each dispute separately, and keep one register for all files of the disputes referred the Centre.
b) Notifying the other party to the Dispute with the application for conciliation or arbitration.
c) Preparing the summary of the Dispute including the parties, points of view and summary of the documents submitted and presenting it to the Centre Management Committee.
d) informing the parties to the Dispute of the date of the first session of arbitration or conciliation and notifying the parties of the dates and places of the subsequent sessions, upon request from the Conciliation panel ir Arbitral Tribunal to the Secretary of the Committee.
e) Recording the minutes of the meeting of the Centre Management Committee and prepare the minutes of the Conciliation Panels of Arbitral Tribunals, whenever he is able to do so, or authorize a certain person to prepare such minutes.
f) Maintaining the originals of the awards for reference thereto as necessary.
g) Keeping the lists of arbitrators and names and addresses of experts and specialists in all appropriate economic, industrial and professional fields for reference as necessary.
h) Affixing the official stamp of the Centre on the conciliation and arbitration awards to certify them and prove that the photocopies extracted from awards are identical to and true copies of the original.
Disputes that Subject to these Ruler
8-1 Subject to Art. 18-2 here in below, the provisions of Conciliation and Arbitration set forth in this Decree shall apply to commercial disputes that are filed with Ajman Chamber disputes that are filed with Ajman Chamber or submitted directly to the centre by a written application made and signed jointly by the parties to the dispute, whether natural or juridical persons, irrespective of their nationality or submitted by an application from one of the parties and the approval thereof by the other party/parties, to submit the dispute to the jurisdiction of Ajman Chamber or the Centre for final resolution in accordance with the rules of conciliations or arbitration provided for in this Decree.
8-2 The dispute shall de deemed subject to thr rulers of conciliation or arbitration set forth in this Decree, if
a) The contract between the parties to the dispute arises out of the contract shall be resolved, finally, under supervision of Ajman chamber or the Centre by way of conciliation or arbitration.
b) The contract between the parties to the dispute embodies a clause referring any dispute relates to conclusion, performance, cancellation, recession or nullification of the contract or relates to the contract, to arbitration or conciliation to be resolved finally in accordance with the proceedings of commercial disputes resolution outside the jurisdiction of judicial courts.
c) The contract between the parties to the dispute embodies a clause providing that any dispute relates to the contract, its interpretation, implementation, recession or nullification, to the conciliation, mediation or arbitration procedures expressly determined by the parties to the dispute. Provided that such procedures shall not be in conflict with rules of conciliation or arbitration set forth in this Decree.
d) There is no provision in the contract between the parties to the dispute, determining the method of resolving the disputes arise from the said contract, but the parties subsequently decide by a written agreement to follow the commercial conciliation and arbitration proceedings set forth in this Decree and to be bound by them.
Agreement to refer the dispute to Conciliation & Arbitration
9-1 The agreement to arbitrate shall be considered as waiver by the parties of their right to resort to the competent court. The agreement to arbitrate shall not be rescinded except with the approval of all parties. However, if one of the parties filed a case before the competent court and the other party did not persist on their agreement to arbitrate in the first session before the court, prior to hearing the merits of the case. The silence of the other party and his persistence to defend the casw shall be considered as waiver of the agreement to arbitrate.
9-2 In all events, the agreement to resolve a dispute by conciliation or arbitration under the rules of conciliation or arbitration set forth in this Decree, shall be considered to be an agreement independent from the contract the subject of Decree. If the contract is invalidated or terminated for any reason, the arbitration agreement shall remain in effect.
9-3 Agreement to arbitrate before the Centre shall not be allowed in matters relating to the public policy, where conciliation is not allowed or in any dispute according to the Law or special contract, should be resolved by a certain committee.
Jurisdiction to decide on the initial pleas
10-1 Appeal in the capacity the Conciliation Panel that formed by the Centre to conciliate amicably between the disputant parties, shall not allowed.
10-2 The Arbitration Tribunal formed by the centre for resolution of a certain dispute, shall have jurisdiction to decide on all initial pleas, raised by any of the disputant parties, regarding Arbitration Tribunal’s lack of jurisdiction, non existence of an abitration agreement, invalidation, expiration of does not include the subject matter of the dispute in question. The initial pleas should be raised at the first session and the appointed Arbitration Tribunal shall decide on them before hearing the merits of the case, its decision in this respect shall be final.
11-1 A party desiring conciliation shall submit a written application to the Committee’s Secretary.
11-2 The applications shall include a presentation of the facts of the Dispute together with the supporting documents and express and clear request to conduct the conciliation in accordance with the conciliation in accordance with the conciliation procedures set forth in this Decree. Conciliation application shall not be accepted except after payment of the prescribed registration fees to the Centre.
11-3 The Committee’s Secretary shall notify the other party with the application for conciliation to present his point of view, within seven days from the date pf payment of the prescribed registration fees. The other party shall present his reply stating his views and submitting his documents within 15 days from the date he received the application for conciliation from the Committee Secretary.
11-4 The Centre Management Committee, within seven days from the date of receiving the reply of the other party in respect if the said application for conciliation, shall:
a) Appoint the Conciliation Panel from among the members of the Centre Management Committee or from outside, subject to Art. 5 of this Decree.
b) To order the applicant for conciliation or all parties to the dispute, to pay an advance payment against the costs of the conciliation in accordance with the provisions of this Decree.
11-5 Upon receipt of the advance payment referred to in Art. 11-4 (b) of this Decree, the Committee’s Secretary shall notify the members of the Conciliation Parties to the dispute to start the Conciliation Proceedings within 10 days from the date of payment of the said advance payment.
11-6 The Conciliation Panel shall study the Dispute and summon the parties before it to hear their statements and each party shall attend personally or through a representative by an official power of attorney.
11-7 The Conciliation Panel shall make efforts to bring together the views of the parties to amicably settle and conciliate the matter in dispute through voluntary concession by each party of part or more of his rights in lieu of concession of the party of his rights, and upon their agreement on a final formula for the amicable settlement the Conciliation Panel shall record and authenticate it in a written minutes of conciliation to be signed by the parties to the dispute and members of the Conciliation Panel and affixed with the official stamp of the centre.
11-8 The Conciliation Panel must accomplish it duties within a period not exceeding one month of the commencement of the conciliation proceedings, but by a written agreement to be signed by the Parties to the commencement of the conciliation proceedings, but by a written agreement to be signed by the Parties to the dispute, this period may be extended for another similar period/periods.
Failure of Conciliation efforts
12-1 If the attempt of conciliation fails, the Dispute shall be considered stands as before the commencement of the Conciliation proceedings and rights of the parties shall not be affected in any manner by any proposals for amicable settlement, presented or written, during the course of the conciliation proceedings. At the request of any of the parties, the Centre shall issue a certificate stating that the Dispute had been referred to it but that attempts for conciliation failed without giving any comment or opinion of the Committee or the Conciliation Panel regarding the subject of the Dispute.
12-2 If the attempt of conciliation fails, the Conciliation Panel may advise the disputant Parties to agree in writing to refer the dispute to be finally resolved by way of arbitration in accordance with the Arbitration Procedures provided for in this Decree.
13-1 A party desiring arbitration shall submit to the committee’s Secretary in writing an application for arbitration. The application shall include the following.
a) The name, position, nationality, and address of the claimant.
b) The name, nationality, and address of the defendant.
c) The subject of the dispute and the claims of the claimant and the justifications and reasons thereof.
d) Arbitration Agreement satisfying the requirements specified in Art 9 hereof.
e) The name and address of the arbitrator nominated by the plaintiff or an authorization for the Centre management Committee to choose one or all arbitration.
13-2 The application for arbitration and its enclosures must be in a number of copies according to the number of the arbitrators mentioned in the arbitration agreement.
13-3 Arbitration Application shall not be accepted unless the fees prescribed for registration is Paid.
Sending Arbitration Application to Defendant
The Committee’s Secretary shall send a copy of the application for arbitration and it enclosures to the defendant within seven days from the date of payment of the fees prescribed for registration, to the Centre.
Defendant’s Response to Arbitration Application
If there is an arbitration agreement, defendant shall send to the Committee’s Secretary, within 21 days from receipt of the application, his reply to the application together with the supportive documents. The reply shall be in a number of copies equivalent to the number of the arbitrators stated in the arbitration agreement. In particular the reply shall include the following:
1. The defendant’s answer to the claims of the plaintiff as regards the facts, documents and claims.
2. Counterclaims from the defendant against the plaintiff, if any.
3. Name and address of the arbitrator nominated by the defendant or an authorization for the Centre management Committee to choose oneor all arbitrators.
Continuation of procedures when the defendant responds
17-1 If the Committee’s Secretary receives the defendant’s reply to the application for arbitration or of the defendant does not reply to application within the said period mentioned in Art. 17 above and there is an arbitration agreement exists between the plaintiff and defendant the, in both events the arbitration procedures shall continue and as soon as possible to the Chairman of the Centre Management Committee a written report include a summary of the dispute the subject of the arbitration application and the status therof. The Chairman of the Centre Management Committee shall call on the Centre Management Committee to meet within a period not exceeding fifteen days from the date of the said report of the Committee’s Secretary and the Committee shall on the date of the meeting do the following:
a. Subject to Articles 13-1(e), 15(c)and 18 of this decree, appointing a sole arbitrator or an Arbitration Tribunal.
b. Fixing the place for the arbitration in the event the parties have not agreed thereon.
c. Fixing an advance payment against the costs of the arbitration.
17-2 Arbitration sessions shall not commence except after settlement of the initial payment mentioned in Para(17-1)(c) of this Article.
Appointment of Arbitration Tribunal
18-1 If the disputant parties agree to appoint a sole arbitrator or an Arbitration Tribunal composes of three or five arbitrators then the appointment of the Arbitration Tribunal shall be according to the parties’ agreement.
18-2 If the agreement is for a sole arbitrator but the parties do not agree on his nomination then the Centre Management Committee shall, upon request in writing from one of the parties, appoint him and according to Art. 17-1 (a) of this Decree.
18-3 If the agreement is for a panel of more than one arbitrator, then each party shall name one, but if that is not done either in the application for arbitration or the reply to the application, then the Committee shall, upon a request in writing from the party who is required to appoint the arbitrator, appoint the arbitrator within the period prescribed in Art. 17 of this Decree.
18-4 If the arbitration agreement provides that the parties to the dispute or the arbitrators appointed the parties, shall appoint the chairman of the Arbitration Tribunal (the umpire) then the parties or the arbitrators, as the case may be, shall appint the Chairman within 21 days otherwise the Centre Management Committee by virtue of the provision of this article, shall appoint the Chairman.
18-5 The Centre Management Committee shall appoint the arbitrator or the chairman of the Tribunal from the list of the arbitrators registered with the Centre or from outside the list if the circumstances so require. Its decision in this regard shall be final and no objection with respect thereto shall be accepted for the reasons related to the rejection of judges or arbitrators in the applicable Law of Civil Procedures or this Decree.
18-6 The Committee’s Secretary shall notify the arbitrators of their appointment by registered letter with acknowledgment of receipt, accopmanied by a summary of the Dispute, including the names of the parties. Each arbitrator, wether appointed by the parties or the Centre Management Committee, shall reply in writing within two weeks of the date of his receipt of the notification; otherwise he shall be considered to have rejected the commission.
18-7 In the event an arbitrator rejects appointment, dies or becomes unable or lost his capacity while carrying out his commission or he it becomes impossible for him. Due to force majeure, to carrying out his commission then the arbitration proceedings shall be suspended until a substitute is appointed in the same manner in which he was appointed. Such an appointment shall be done within a period not exceeding 21 days from the date on which Centre Management Committee knows the reasons which make the arbitrator unable to carry out his commission.
18-8 If any of the parties objected to the appointment of an arbitrator or requested rejection of an arbitrator for reasons that raise serious suspicion regarding the impartiality and neutrality of the arbitrator which constitute violation to Art. 6 Article (8-10) of this decree or alleged that the said arbitrator has frequently failed to attend the arbitration sessions without reasonable justification then the Centre Management committee shall, after hearing the arbitrator, shall decide on the issue of rejecting the arbitrator within 21 days from the date of receiving the request. The decision of the Centre Management Committee in this regard shall be final.
18-9 In the event that the parties agree to an arbitration authorizing arbitrators to act as amiable compositors, the parties must name all the members of the Arbitral committee.
18-10 The arbitrator shall not be a minor, under guardianship, deprived of his civil rights due to a criminal conviction or a bankrupt. Also, he shall not be an attorney, agent, employee, partner, relative by blood or marriage to the fourth degree, custodian or guardian of one of the parties to the Dispute, and he shall not have a direct or indirect in the Dispute or have previously acted as a mediator to resolve it by conciliation or expressed his opinion thereon. The arbitrator shall disclose in his reply, and at any subsequent time, any kinship or relationship by marriage, business ties or dealing he may have with any of the parties which raises reasonable doubts regarding his neutrality or independence. If the arbitrator fails to make the required disclosure according to the provisions of this Article then the provision of Art. 6-2 hereof shall be applied.
18-11 In the event that arbitrator, after accepting the commission has resigned without reasonable justification, the parties and the Centre shall entitled to claim compensation from him pursuance with Art 207 of the Civil Procedure Law in force (federal Law No 10 of 1992).
Administration of Oath
The arbitrator/ arbitrators of the arbitration Tribunal shall, before proceeding with their commission, administer the following statement of oath before the Centre Management committee.
(I hereby swear by Allah the greatest, to carry ut my duties with the utmost honesty, impartiality and sincerity and shall comply with the Law, Rules of justice and Equity to my best knowledge and with the help Allah).
21-1 If the parties agree to authorize the Arbitration Tribunal to resolve the dispute in accordance with a certain law, the Tribunal shall be obliged to apply that law. If the parties authorize the Arbitration Tribunal to resolve the dispute without being bound by certain rules and law, then the parties shall abide by the law chosen by the Tribunal in pursuance with the authorization. Provided that the law chosen by the Tribunal shall not be in conflict with the public order of the state.
21-2 If the parties do not expressly or implicity agree on the law applicable to the Dispute, the Arbitral Tribunal shall apply the laws and the prevailing customs of the State. In the event no law or customs applicable to the dispute are available, the Arbitration Tribunal for justified and sufficient reasons shall apply the law/laws most closely connected with the subject matter of the Dispute, i.e. the law of the place where the contract has concluded or where the contract has executed, taking into account the principles of conflict of laws and trade usages applicable in state.
21-3 The Procedural rules expressly agreed upon by the parties in the arbitration agreement shall be applied, in case such procedural rules are violating the public order of the State or in the absence of express agreement on the applicable procedural rules then the rules provided for herein shall be applied. In the absence of a provision in respect of any procedural matter, the procedural rules applicable in any emirate in the UAE, as the arbitral Tribunal thinks appropriate, shall be applied.
21-4 If the parties agree to authorize the Arbitration Tribunal to act as amiable compositors, the Tribunal shall not be bound to follow the principles of the law originally applicable except those relating to public policy.
21-5 The Conciliation Panel shall not be obliged to follow any procedural rules or organizational proceedings set forth in any law in the State since the procedures followed by the Panel for settling the dispute amicably, are not expressly restricted or prohibited by a law and violation the public order.
If the Arbitral Tribunal did not apple a rule or more set forth herein although it is obliged to apple, and one of the parties knew about it or he should have knows about it but he did not object till the first session of the conciliation or arbitration, as the case may be, he should be considered waiving his right to apple such rule or rules and shall not be allowed to object after that date.
The Basic Principles of Arbitration
The Arbitral Tribunal shall comply with the following basic principles of litigation in carrying out its commission.
a) Ensuring that the parties have been duly notified of the place and date of the sessions of the Arbitration Tribunal in accordance with the rules followed in serving the judicial summons and notifications and preserving that they have been allowed the periods of time provided for in this Decree or any other periods of Time as the Arbitral Tribunal thinks appropriate.
b) Respecting the right of defence by enabling each party to adduce whatever statements, pleadings and evidence he may have before the issuance of the arbitration award.
c) Enabling each party to examine the papers and document presented by the other party and take photocopies thereof.
d) Treating the parties on equal basis.
e) In case of several arbitrators, they shall conduct, jointly, the arbitration proceeding and each arbitrator shall sign the minutes of arbitration sessions.
Attendance of sessions
24-1 The Parties to the Dispute may appear before the Arbitral Tribunal in person or through a duly authorized respresentative. The Tribunal shall verify the validity of the parties before it in each session separately.
24-2 If one of the parties does not attend the sessions called by the Arbitral Tribunal dispel acceptable excuse for his absence, then such absence shall not preclude the continuation of the arbitration proceedings and the procedures shall be deemed valid. The absence of any party shall not by construed as admission of the allegations and statements made by the other party.
Discontinuation of Arbitration procedure
If a legal or factual obstacle prevents their continuation, the arbitration proceedings shall be suspended until such obstacle is removed. The arbitration proceedings shall be suspended specifically in the following instances.
a) Any arbitrator is unable to attend the arbitration session, is relieved, loses capacity or dies.
b) The death or incapacitation of one of the parties, or the dissolution of the company or the termination of the authority of the representative, the suspension of arbitration proceedings shall continue until the appointment of an attomey for the heirs; a liquidator for the company, a custodian for the incapacitated person or a new representative for one of the parties.
c) The non-payment of the Advance payment referred to in Articles 17-1(c) hereof.
d) A petition by the Arbitral Tribunal to the competent court to take legal proceeding against a witness who fails to appear before the Tribunal or refuses to respond.
e) A request by the Arbitral Tribunal to the competent court to order any of the parties or a third party to present a doucument.
f) If one of the parties appealed contesting that one or more of the documents are forged and the Arbitral Tribunal, finding that such documents are nececcary for rendering the award, referred the documents to the competent authorities to decide on the forgery.
Confidentiality of information
All information provided by the parties requesting conciliation or arbitration shall be considered confidential, and a person who becomes aware of such information due to his position shall not divulge its contents except with the consent of the conciliation Panel or Arbitral Tribunal or pursuant to an order of a competent judicial authority.
Serving of Summons, memorandums and correspondence
Notification and summons shall be served on the parties by registered mile with acknowledgment of receipt, or by another acceptable method of communication determined by the Arbitral tribunal. Correspondence shall be directed to the addresses of the parties provided by them to the committee’s Secretary.
Place of Conciliation or Arbitration
28-1 The sessions of Conciliation panel and Arbitral Tribunal shall convene at the place fixed by the parties, in the event the parties do not agree thereof the session shall be held at the place fixed by the Centre Management Committee. Notwithstanding, the Conciliation Panel or the Arbitral Tribunal may hold some of its sessions in another place, if it deems appropriate. In all events, the award shall be considered to have been issued at the place fixed by the Centre Management committee.
28-2 All members of the Conciliation Panel or the Arbitral Tribunal shall be present when looking into the Dispute. The said Panel or Tribunal may take certain procedural decisions by way of a written consultation to be exchanged between the members, provided that such decision shall be taken by unanimous approval of all members. The Panel or Tribunal may authorize the Chairman to draft such procedural decisions.
28-3 The sessions of the Conciliation Panel or Arbitral Tribunal shall be confidential and shall be attended only by the person whose attendance is deemed by the said panel or tribunal necessary and appropriate.
29-1 The conciliation Panel or Arbitral Tribunal may call on any witness for examination on any matter relating to the dispute it. The side witness after administering the legal statement of oath shall deliver oral testimony before the Arbitral Tribunal and in the presence of the parties to the dispute unless the Tribunal decided otherwise for legal justification.
29-2 The concerned Tribunal may accept an authenticated written statement signed by a witness not under oath unless the oath is required for its acceptance under the law applicable to the conciliation or arbitration proceeding.
29-3 Whoever delivers a false statement before the Conciliation Panel or Arbitral Tribunal in any substantial matter of the Disoute, shall be considered to have committed a crime of perjury before a judicial court and the chairman of the concerned Conciliation Panel or Arbitral Tribunal shall refer him to Ajman Public Prosecution to investigate with him and present him for trial and punishment.
Technical Expertise Reports
Without prejudice to the right of any party to submit technical expert as part of the documents supporting his position, the arbitral Tribunal shall specify in the letter of his appointment the duties assigned to him and the period within which his report must be submitted, and it shall also fix the fees of the expert, the party/parties who would bear the fees and made of payment. The expert must be a natural person even if the Tribunal appoints a legal entity to carry out the expertise Any party may request that the Expert be summoned to be cross-examined on his report.
Provisional and Precautionary Measures
The commencement of arbitration does not prevent the parties from resorting to the court of the State, with the consent of the Centre, to take interim or precautionary measures, and party who takes such measures shall immediately notify the Committee’s Secretary of the action or decision taken by the court.
Language of the Proceedings
32-1 The Arabic language shall be the language of the arbitration proceedings unless the parties agree otherwise, or the Tribunal decides otherwise taking into account the surrounding circumstances and in particular the language of the contract and the correspondence between the parties.
Settlemenet During the Arbitration Proceedings
The Arbitral Tribunal at any stage of the Arbitration, up to the closing of the hearings, may ask the parties to negotiate a settlement of their Dispute. If the parties reach a settlement to their dispute, During the Arbitration Proceeding, the Tribunal shall issue an award based on the agreed settlement. Such award shall be deemed decisive and final.
34-1 The Arbitral shall submit the draft of the final award, secretly, to the Centre Management Committee, who shall finally determine remunerations of the arbitrators and the costs of the arbitration in general. The Committee shall order the payment of the remunerations of the arbitrators.
34-2 The final award by the Tribunal shall be in writing and must include.
a) The Arbitration agreement.
b) The names of the arbitration and the parties to the Dispute.
c) An adequate summary of the subject of the Dispute.
d) The claims and pleadings of the parties to the Dispute and the reasons for the acceptance of rejection of any claim.
e) The finding and the reasons upon which the award is based.
f) The costs of the arbitration and the party who will bear them or the proportions allocated among the parties.
g) The date and place of the issuance of the award.
h) Signature of the arbitrators wo agree to the final award. The objecting arbitrator shall submit his objection in writing stating the reasons thereof and signed by him to be attached with the final awards.
Issuance of the final Arbitral Award
35-1 The arbitration award shall be issued after the inclusion of the arbitration’s costs fixed by the Centre Management Committee and the signature of all or majority of the arbitrations and it shall be deemed to have together with any interpretation or Correction, if any, with the Committee’s Secretary.
35-2 The final arbitration award shall not be announced or a copy thereof be provided to any of the parties except after full payment of the prescrilbed fees, remunerations of the arbitrators and any arbitration expenses, if any.
35-3 If one of arbitrators refused to sign the arbitration award, such refusal should be made in writing stating the reasons for refusal and signed by the objecting arbitrator in order to be attached to the final award. The arbitration award shall be valid if signed by the majority of the arbitrators.
Interpretation, Execution and Appeal of the Arbitration Award
36-1 Any party may request a complete or partial interpretation of the final award within 15 days of his notification with said award. The request shall be submitted to the Committee’s secretary who shall refer it within seven days, to the Arbitral Tribunal and send a copy thereof to the other party. The Tribunal shall submit its interpretation to he Committee’s Secretary within 15 days of the date the application was referred to it. The interpretation shall be considered an integral part of the final award.
36-2 The Tribunal shall, on its own accord or upon a request of the centre Management Committee or one of the parties, correct material and computation errors in the award, if any, and shall send the revised copy of the arbitration award to all parties.
36-3 The rules of prompt execution shall be applied to the decisions of the Arbitral Tribunal unless the decisions provided otherwise.
36-4 The final arbitration award issued by or majority of the arbitrators in accordance with Decree shall not be appealable in any manner of appeal except by an application for setting aside of the award in accordance with Article 216 of Federal Law No. (11) of 1992 concerning the Civil Procedure Code.
Costs of Conciliation or Arbitration
The Arbitral Tribunal shall include in the final award a decision regarding the costs of conciliation or arbitration which shall include remuneration of conciliator or arbitrator, their actual expenses and Experts and Translators remunerations, if any, and the normal costs expenses incurred by the parties in preparation of their pleadings and any administrative fees paid to the Centre against the expenses relating to meeting-room’ rentals, typing, recording, photocopying and others incurred in the course of the conciliation or arbitration proceedings.
The Centre shall receive a non-refundable registration fee of five hundred Dirhams payable upon filing the application for conciliation or arbitration.
The Centre shall receive an administrative fee in proportion to the amount of the Dispute to meet the costs of the administration services provided by the Centre in respect of the Dispute such as costs pf serving the summons and correspondence, provision of facilities required for the conciliation or arbitration proceedings e.g. meeting-rooms, translation, photocopying stationerise etc…
Remuneration of the Arbitral Tribunal
40-1 the Centre Management Committee shall determine on a preliminary basis the remunerations of the arbitrators according to the table attached to this Decree before transmitting the file to the Arbitral Tribunal. Also the Tribunal shall determine the advance payment that shall be paid by the parties equally in advance, fully or in installments.
40-2 The advance payment may be paid in full by the parties on equal basis or by the party desiring to proceed with the arbitration if the other party fails to pay his share.
40-3 If the amount of the Dispute is not fixed, the Centre Management Committee shall estimate the remunerations of the arbitrators and the amount for disbursements according to the size and complexity of the case.
40-4 If a counterclaim/ counterclaims is/are filed independently from the original claim, the Centre Management Committee may fix an additional payment for it/them payable by the claiming party to the Centre. The Committee may request the parties to pay the additional of them as it thinks appropriate.
Tables of Fees and Remuneration
The Centre Management Committee shall establish tables for administrative fees of the conciliation or arbitration conducted under this Decree and the remunerations for arbitrators. The fees and remuneration may either be fixed in lump sums or be a percentage of the total disputed amount with a maximum and a minimum limit according to the circumstances and complexity of the case. The Centre Management Committee may, from time to time, amend such tables.
Increase and Decrease the Arbitrators’ Remuneration
The Committee may, in exceptional circumstances, fix the arbitrator’s remuneration in an amount which varies from the limits specified in the prescribed table that prepared by the Centre Management Committee under Aer. 41 of this Decree, if, in its opinion, the size and complexity of the case calls for that. Also the Centre Management Committee, at any time after commencement of the arbitration proceeding, may decide to increase the remuneration if the arbitration continues for a longer period or the subject of the Dispute diverges in a manner beyond the desire of the Tribunal, or decrease the remuneration if the parties, for example, reach an amicable settlement beyond the purview of the
Tribunal during the course of the arbitration. In the event a decrease, the unused balance shall be returned to the parties, or one of them, as the case may be.
Settlement of the Advance and additional Payments
43-1 The file of the case shall not be delivered to the Conciliation Panel or arbitral Tribunal except after payment of the administration fees and the advance payment determined by the Centre Management Committee.
43-2 The Centre Management Committee may demand from the parties additional advance payments if it considers the advance payment already paid is inadequate to cover the costs of the conciliation or arbitration.
43-3 If one of the parties fails to pay the advance payment or one of the installments of the advance payment, if it should be paid in installments, the conciliation or arbitration shall be suspended forthwith and inform the Conciliation Panel or arbitration Tribunal.
Payment of fees and Remuneration
The registration and administration fees and the advance payment against the costs of conciliation or arbitration conducted under Treasury according to the financial regulations of Ajman Chamber.
Regulations and Executive Resolutions
The Crown Prince of the Emirates of Ajman may issue internal regulations or executive resolutions in order to realize the terms and objectives of this Decree.
Issued by us at our Court in Ajman on this day the 16th of Ramadan 1425 Hijri corresponding to 30 of October 2004.
Humaid bin Rashid Al Nuaimi
Ruler of Ajman