Arbitration Rules

--------

Section I: Introductory Provisions

Model Arbitration Clause:

“Any dispute, controversy or claim arising out of or relating to thiscontract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the PDRCI Arbitration Rules in force at the time of the commencement of the arbitration.”

Parties may consider adding:

“The number of arbitrators shall be … (one or three); The place of arbitration shall be … (city or country); The language(s) to be used in the arbitral proceedings shall be… (language)”

Article 1
Scope of Application

(1) These rules shall be known as the PDRCI Arbitration Rules (“Rules”). The PDRCI Guidelines on Fees and its Schedules (“Guidelines on Fees”; Annex B of the Rules), as may be amended by PDRCI from time to time, shall form part of the Rules. By agreeing to arbitrate under the Rules, the parties are deemed to have accepted the Guidelines on Fees.

(2) Where parties have agreed that disputes, controversies or claims (“Disputes”) between them shall be referred to arbitration under the Rules, then such Disputes shall be settled in accordance with the Rules, subject to such modification as the parties may agree in writing.

(3) The Rules shall apply to arbitrations commenced on or after 1 January 2015, unless the parties have expressly agreed to apply a particular version of the Rules.

(4) Where any of the Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision of the law shall prevail.

Article 2
Notice and Calculation of Period of Time

(1) A notice, including a request, communication or proposal, may be transmitted by any means that provides or allows for a record of its transmission.

(2) If an address has been designated by a party specifically for this purpose or authorized by the arbitral tribunal, a notice shall be delivered to the party at such address, and if so delivered shall be deemed to have been received. Delivery by electronic means, such as email or facsimile, may only be made to an electronic address so designated by the party or authorized by the arbitral tribunal.

(3) In the absence of such designation or authorization, a notice is:

(a) received, if it is physically delivered to the addressee; 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 made in accordance with paragraphs 2 or 3 of this Article, a notice is deemed 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 of attempted delivery.

(5) A notice is deemed to have been received on the day it is delivered in accordance with paragraphs 2, 3, or 4 of this Article or attempted to be delivered in accordance with paragraph 4 of this Article. A notice transmitted by electronic means is deemed received on the day it is sent, except a Notice of Arbitration, which is deemed received on the day it reaches the party’s electronic address.

(6) For purposes of calculating the period of time under the Rules, such period shall begin to run on the day following the day when a notice is received or deemed 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 business day that follows. Official holidays or non-business days occurring within the period of time are included in calculating the period.