CONTENTS

PREAMBLE
PART I – GENERAL PROVISIONS
Article 1 – Scope of Application
Article 2 – Definitions
Article 3 – Interpretations
Article 4 – Written Communications and Services
Article 5 – Calculation of Time
Article 6 – Seat of Arbitration
Article 7 – Language of Arbitration
Article 8 – Party Representation
Article 9 – Administrative Conference
Article 10 – Effect and Priority of the Rules
PART II – COMMENCEMENT AND PRELIMINARY PROCEDURE
Article 11 – Notice of Arbitration
Article 12 – Response to the Notice
Article 13 – Prima Facie Jurisdictional Review
Article 14 – Statements of Claim and Defence
Article 15 – Amendments to Claim and Defence
Article 16 – Counterclaims, Cross-claims and Set-off
Article 17 – Disclosure of Third-Party Funding
Article 18 – Claims Under Multiple Contracts
Article 19 – Consolidation
Article 20 – Joinder of Additional Parties
PART III – CONSTITUTION OF THE ARBITRAL TRIBUNAL
Article 21 – Number of Arbitrators
Article 22 – Appointment of a Sole Arbitrator
Article 23 – Appointment of Three Arbitrators
Article 24 – Appointment in Multi-party Arbitration
Article 25 – Confirmation and Residual Appointment Power
Article 26 – Qualifications, Independence and Disclosure
Article 27 – Diversity
Article 28 – Communications with the Arbitral Tribunal
Article 29 – Effect of Constitution of the Arbitral Tribunal
PART IV – CHALLENGE, REMOVAL AND REPLACEMENT OF ARBITRATORS
Article 30 – Grounds for Challenge
Article 31 – Challenge Procedure
Article 32 – Decision on Challenge
Article 33 – Removal by SNIAC
Article 34 – Replacement
Article 35 – Procedure After Replacement
Article 36 – Failure of an Arbitrator to Participate
Article 37 – Institutional Finality
PART V – CONDUCT OF THE ARBITRATION
Article 38 – General Procedural Principles
Article 39 – Case-management Conference and Timetable
Article 40 – Written Submissions
Article 41 – Evidence
Article 42 – Hearings
Article 43 – Witnesses
Article 44 – Arbitral Tribunal-appointed Experts
Article 45 – Closure of Proceedings
Article 46 – Stay, Settlement and Termination
Article 47 – Default and Non-participation
PART VI – POWERS OF THE ARBITRAL TRIBUNAL
Article 48 – Jurisdiction
Article 49 – Interim Measures
Article 50 – Preliminary Determinations
Article 51 – Early Dismissal
Article 52 – Security for Costs
Article 53 – Security for Satisfaction of the Award
Article 54 – Other Procedural Powers
Article 55 – Confidentiality and Information Security
PART VII – AWARDS
Article 56 – Making of Awards
Article 57 – Applicable Law and Effect of Award
Article 58 – Scrutiny of Awards
Article 59 – Correction, Interpretation and Additional Award
Article 60 – Award on Agreed Terms
Article 61 – Recognition and Enforcement
PART VIII – COSTS AND DEPOSITS
Article 62 – Costs of the Arbitration
Article 63 – Deposits for Costs
Article 64 – Final Determination of Costs
Article 65 – Recovery of Legal Fees and Other Costs
Article 66 – Liability for Costs
PART IX – SPECIAL PROCEDURES
Article 67 – Emergency Arbitrator
Article 68 – Small-claims Procedure
Article 69 – Expedited Procedure
PART X – MISCELLANEOUS
Article 70 – Waiver
Article 71 – Exclusion of Liability
Article 72 – Other Matters

 

PREAMBLE

The Council of the Sydney International Arbitration Center (“SNIAC” or “the Center”) has adopted these Rules to provide a flexible, cost-effective and efficient framework for institutionally administered arbitrations. Subject to applicable law and the relevant arbitration agreement, the Rules may be used for domestic and international commercial arbitration and for investment arbitration arising from a contract, treaty or other legal relationships.
By agreeing to arbitration under these Rules, the parties agree that SNIAC will administer the arbitration and that they will be bound by these Rules.

PART I – GENERAL PROVISIONS

Article 1 – Scope of Application

1.1 Where the parties agree to refer a dispute to arbitration administered by SNIAC, or to arbitrate under these Rules, they are taken to have agreed that SNIAC will administer the arbitration in accordance with these Rules. These Rules do not apply where the parties appoint SNIAC only as an appointing authority, or request specified administrative services, without agreeing to arbitration under these Rules.
1.2 Subject to the arbitration agreement and applicable law, these Rules may apply to domestic arbitration, international commercial arbitration and investment arbitration arising from a contract, treaty, other legal instrument or legal relationship.
1.3 These Rules include their appendices and schedules and any Practice Note issued by SNIAC from time to time. A Practice Note applies only to the extent stated in it and must be read consistently with these Rules and mandatory law.
1.4 These Rules take effect on 1 June 2026 and, unless the parties agree otherwise in writing, apply to an arbitration commenced on or after that date.
1.5 If a provision of these Rules conflicts with a provision of applicable law from which the parties may not derogate, the mandatory provision prevails to the extent of the inconsistency.
1.6 An agreement to these Rules does not exclude the International Arbitration Act 1974 (Cth) (“IAA”), the UNCITRAL Model Law, Commercial Arbitration Act 2010 (NSW) (“NSW CAA”) or any other applicable arbitration legislation.

Article 2 – Definitions

In these Rules, unless the context otherwise requires:
2.1 SNIAC means the Sydney International Arbitration Center and, as the context permits, its Council, Chief Executive Officer, Secretariat, Registrar and any person or body authorised to perform a function under these Rules.
2.2 Secretariat means SNIAC's executive body responsible, under the direction of the Chief Executive Officer, for administering arbitrations and making administrative decisions under these Rules.
2.3 Registrar means the SNIAC Registrar and any person authorised by the Secretariat to perform the functions of the Registrar or to maintain the case records.
2.4 Party includes a claimant, respondent and any additional party joined under Article 20. A reference to a claimant or respondent includes one or more claimants or respondents.
2.5 Arbitration Agreement means an agreement to submit to arbitration all or certain disputes which have arisen or may arise between the parties, whether in the form of an arbitration clause or a separate agreement.
2.6 Arbitral Tribunal means a sole arbitrator or an arbitral tribunal of three arbitrators appointed for the arbitration. A sole arbitrator or the presiding arbitrator may make procedural directions where these Rules or the Arbitral Tribunal so permit.
2.7 Seat of arbitration means the juridical seat, which determines the curial law and the courts having supervisory jurisdiction. A hearing venue is not, merely for that reason, the seat.
2.8 Award includes an interim, interlocutory, consent, partial, final or additional award. A decision or order of an emergency arbitrator is not an award unless applicable law treats it as one.
2.9 Written communication includes any notice, correspondence, pleading, submission, statement, evidentiary document, direction, decision, order or award, including in electronic form.
2.10 Third-party funding means an arrangement under which a person who is not a party funds or indemnifies all or part of a party's claim or defence in return for remuneration or reimbursement dependent wholly or partly on the outcome. That person is a third-party funder.
2.11 Emergency arbitrator means an arbitrator appointed under Article 67 and Appendix B to determine an application for urgent interim relief before constitution of the Arbitral Tribunal.
2.12 Practice Note means a document issued by SNIAC to supplement the administration or implementation of these Rules and in force when the arbitration commences.
2.13 Business day means a day on which banks are generally open for business in Sydney, excluding a Saturday, Sunday or public holiday in New South Wales. Where service is made outside Australia, the Arbitral Tribunal or, before its constitution, the Secretariat may also take account of public holidays at the place of receipt.

Article 3 – Interpretation

3.1 Headings are for convenience only and do not affect interpretation.
3.2 The singular includes the plural and vice versa where the context permits. Including and similar expressions are not words of limitation.
3.3 The Arbitral Tribunal determines questions concerning its powers, duties and arbitral procedure. The Secretariat determines administrative questions concerning these Rules. In the event of inconsistency on a matter within the Arbitral Arbitral Tribunal's authority under applicable law, theArbitral Tribunal's determination prevails.
3.4 SNIAC need not give reasons for an administrative decision unless these Rules or applicable law require otherwise. A SNIAC decision is final within the institution, subject always to any review or recourse that cannot lawfully be excluded.
3.5 On a procedural matter not expressly addressed, SNIAC, the Registrar, the Arbitral Tribunal and an emergency arbitrator must act in the spirit of these Rules, with the object of achieving a fair, efficient and economical process and an enforceable outcome.
3.6 The original language of these Rules is English. If another-language version is inconsistent with this version, the English version prevails.

Article 4 – Written Communications and Service

4.1 Unless otherwise directed, a party must send every written communication to every other party, the Arbitral Tribunal and the Secretariat. A communication from the Arbitral Tribunal must be copied to the Secretariat.
4.2 A communication may be delivered personally, by registered post, courier, facsimile, email, an agreed secure repository, a SNIAC-approved case-management platform or any other method that produces a record of transmission or delivery.
4.3 Delivery should be made to the address designated for the arbitration by the recipient or its representative. If none has been designated, delivery may be made, in order of preference, to: (a) the recipient or authorised representative at its place of business, habitual residence or registered office; (b) an address used in the parties' prior dealings; or (c) the recipient's last-known place of business, habitual residence or registered office.
4.4 If, after reasonable inquiry, delivery cannot be effected under Article 4.3, delivery to the last-known address, supported by a record of the attempts made, is deemed effective to the extent permitted by applicable law.
4.5 A communication is deemed to have been received: (a) if delivered personally, by courier or registered post, on the date of actual delivery; (b) if sent by facsimile, email or other electronic means, when it enters the recipient's designated information system without a delivery-failure notice; (c) if uploaded to an approved repository, when upload and notice to the recipient are complete; or (d) under Article 4.4, on the last documented attempt. A communication received after 5.00 pm at the place of receipt is deemed to have been received on the next business day.
4.6 A communication to multiple recipients is deemed received when received by the last required recipient.
4.7 The sender must retain a complete record of the dates and method of delivery and provide it on request.

Article 5 – Calculation of Time

5.1 A period begins on the day after the event from which it runs. If the last day is not a business day at the place where the required act is to be performed, the period expires on the next business day.
5.2 Calendar days are counted unless these Rules, a Practice Note or a direction expressly refers to business days. Public holidays and non-business days falling within the period are included.
5.3 The Arbitral Tribunal may extend or abridge a time limit fixed by it. Before constitution of the Arbitral Tribunal, the Secretariat may extend a time limit fixed by these Rules or by SNIAC, except a limit that mandatory law does not permit to be varied.
5.4 An application to extend time should be made before expiry, state the reasons and be copied to all parties. A late application may be allowed where fairness and the circumstances justify it.

Article 6 – Seat of Arbitration

6.1 The parties may agree in writing on the seat of arbitration.
6.2 If they have not done so, the seat is Sydney, New South Wales, Australia, unless the Arbitral Tribunal, having regard to the circumstances and after consulting the parties, determines that another seat is more appropriate.
6.3 The Arbitral Tribunal may conduct hearings, deliberations or inspections at any physical or virtual venue without changing the seat.
6.4 An award is deemed made at the seat.

Article 7 – Language of Arbitration

7.1 The parties may agree on the language or languages of the arbitration.
7.2 In the absence of agreement, the Arbitral Tribunal determines the language after considering the arbitration agreement, the underlying contract, the parties' circumstances, efficiency and fairness. Before that determination, the Secretariat may require communications to be filed in English or accompanied by an English translation.
7.3 The Arbitral Tribunal may order a document to be translated and determine whether a certified translation is required. Translation and interpretation costs form part of the costs of the arbitration.

Article 8 – Party Representation

8.1 A party may be represented by a legal practitioner or any other person of its choice, subject to the applicable law.
8.2 A party must promptly notify the Secretariat, Arbitral Tribunal and other parties of each representative's name and contact details and of any change in representation. The Arbitral Tribunal or Secretariat may require proof of authority.
8.3 The Arbitral Tribunal may take measures necessary to preserve its integrity, including addressing a change in representation that creates a conflict of interest, after giving the affected party a reasonable opportunity to be heard.

Article 9 – Administrative Conference

9.1 Before constitution of the Arbitral Tribunal, the Secretariat may convene an administrative conference to address filing, service, language, appointment, deposits, technology and other administrative matters.
9.2 The conference may be held in person, by telephone or videoconference. The Secretariat may issue administrative directions and a record of outcomes, without determining the merits or any matter reserved to the Arbitral Tribunal.

Article 10 – Effect and Priority of the Rules

10.1 These Rules form part of the parties' arbitration agreement to the extent applicable.
10.2 An express written agreement of the parties modifying a provision of these Rules prevails, unless the provision or applicable law does not permit derogation.
10.3 Mandatory provisions of the law of the seat and other applicable mandatory law prevail over these Rules and any party agreement.
10.4 For an international commercial arbitration seated in Australia, the IAA and Model Law apply according to their terms. For a domestic commercial arbitration seated in New South Wales, the NSW CAA applies according to its terms.

PART II – COMMENCEMENT AND PRELIMINARY PROCEDURE

Article 11 – Notice of Arbitration

11.1 The party initiating arbitration (the “Claimant”) shall submit to the Secretariat a Notice of Arbitration that complies with the requirements of this Article, together with sufficient copies for all Respondents. At the same time, the Claimant shall pay the prescribed Registration Fee in accordance with the requirements set out in the Appendix to these Rules.
11.2 The arbitration shall commence on the date on which the Secretariat receives the complete Notice of Arbitration. That date shall be deemed the commencement date of the arbitration. The Secretariat shall promptly notify all parties of the commencement of the arbitration and assign a case number.
11.3 The Notice of Arbitration must include: (a) a request that the dispute be referred to SNIAC arbitration; (b) the names and contact details of the parties and representatives; (c) the arbitration agreement relied on and a copy or clear identification of it; (d) the contract, treaty or other legal instrument giving rise to the dispute, or a clear identification of it; (e) a concise statement of the facts and nature of the claims and, if known, the amount in dispute; (f) the relief sought; (g) if not agreed, a proposal concerning one or three arbitrators with reasons; (h) any nomination or proposal for a sole arbitrator; (i) comments on the seat, language and governing law; (j) the disclosure required by Article 17; (k) confirmation of transmission to every respondent, including method and date; and (l) proof of payment of the filing fee.
11.4 The Notice may include the Statement of Claim required by Article 14.
11.5 The Registrar may require a defect or fee shortfall to be remedied within a specified time. If remedied, the arbitration remains commenced on the date on which the original Notice was received. If not remedied, the Secretariat may close the file without prejudice to a later Notice.
11.6 Before constitution of the Arbitral Tribunal, any amendment to the Notice requires notice to the Registrar, who may adjust related administrative time limits.
11.7 The Claimant must notify the Secretariat of the date on which each of the respondents received the Notice and provide evidence of such service.

Article 12 – Response to the Notice

12.1 The Respondent shall, within 30 days from the commencement date of the arbitration or the date on which the Respondent receives the Notice of Arbitration, whichever is later, submit its Response to the Notice of Arbitration to the Secretariat and the Claimant, together with such number of copies as directed by the Secretariat.
12.2 The Response must include: (a) the respondent's and representatives' contact details; (b) admissions or denials and comments on the amount and relief sought; (c) any jurisdictional objection, with its factual and legal basis; (d) comments on the number of arbitrators where the parties have not previously agreed on the number of arbitrators, together with the reasons therefor; (e) a proposal for the nomination of a sole arbitrator, or the nomination of an arbitrator in accordance with these Rules; (f) comments on the seat, language and governing laws; (g) the Article 17 disclosures; and (h) confirmation that copies of the Statement of Defence and its accompanying documents have been transmitted simultaneously to the Claimant and all other parties, specifying the method and date of such transmission.
12.3 The Response may include a Statement of Defence and any counterclaim, cross-claim or set-off defence.
12.4 Failure by the Respondent to submit a Response shall not prevent the arbitration from proceeding, shall not be deemed an admission of the Claimant’s claims, and shall not affect the power of SNIAC or the Arbitral Tribunal to make any determination in accordance with these Rules.
12.5 The Registrar may upon the Respondent’s written application and after taking into account the particular circumstances of the case, grant an extension of time for submitting the written Response. The application for an extension must include the Respondent’s comments on the number of arbitrators and the nomination of arbitrators, failing which the Arbitration Secretary may reject the application.

Article 13 – Prima Facie Jurisdictional Review

13.1 An objection to the existence, validity or scope of the arbitration agreement, or to SNIAC's authority to administer, does not by itself prevent the arbitration from proceeding. The Arbitral Tribunal retains the power to rule on its own jurisdiction under Article 48 and applicable law.
13.2 Before constitution, the Secretariat may, on application or on its own initiative, conduct a prima facie review to decide whether and to what extent administration should continue.
13.3 If the Secretariat is prima facie satisfied that an arbitration agreement under these Rules may exist and may cover the dispute, administration shall continue without prejudice to the Arbitral Tribunal's jurisdictional decision.
13.4 If not so satisfied, the Secretariat may decline to administer all or parts of the case. This is an administrative decision only and does not prejudice any right to commence other proceedings before a competent court or arbitration institution.
13.5 The Secretariat shall not be required to provide reasons for its determination of any prima facie objection to jurisdiction. Such determination shall be final and shall not be subject to appeal, review or reconsideration, subject to any mandatory provision of the applicable law.

Article 14 – Statement of Claim and Defence

14.1 Unless filed with the Notice of Arbitration, the Claimant must file its Statement of Claim within the time fixed by the Arbitral Tribunal.
14.2 It must state all material facts, the issues, the legal basis of the claims, and the relief sought and amount claimed.
14.3 The Claimant should file the documents and all evidence on which it relies with the Statement of Claim.
14.4 Unless filed with the Response, the Respondent must file its Statement of Defence within the time fixed by the Arbitral Tribunal.
14.5 It must respond to the Claimant's material allegations and legal case, state the relief opposed, and set out any counterclaim, cross-claim or set-off with its factual and legal basis and relief sought.
14.6 The Claimant must answer a counterclaim within the time fixed by the Arbitral Tribunal.
14.7 The Arbitral Tribunal may vary the form or content requirements, direct further submissions and fix a fair timetable.
14.8 Ordinarily, a period for a substantive pleading should not exceed 30 days, but the Arbitral Tribunal may allow a longer period where justified.

Article 15 – Amendments to Claim and Defence

15.1 A party may amend or supplement a claim, counterclaim, cross-claim, set-off or defence unless the Arbitral Tribunal, having regard to all circumstances, considers the amendment inappropriate.
15.2 No amendment may exceed the scope of the arbitration agreement or the Arbitral Tribunal's jurisdiction.
15.3 In determining whether to grant an application for amendment, the Arbitral Tribunal shall consider all relevant circumstances, including:
(a) the timing of the application, including whether it was made after the deadline fixed by the Arbitral Tribunal for the parties’ principal submissions;
(b) whether the proposed amendment would cause undue delay to the arbitral proceedings;
(c) whether the proposed amendment would result in procedural unfairness to any other party, including whether that party has been afforded sufficient time to prepare its response;
(d) whether the proposed amendment and the original claims arise out of the same transaction or legal relationship; and
(e) whether the applicant has acted in bad faith with the intention of delaying the proceedings.
15.4 Where a party amends its claim or defence, resulting in a change in the amount in dispute, SNIAC may make corresponding adjustments to its administration fees, the Arbitral Tribunal’s fees, and the amount of the deposit for costs.
15.5 If an amendment is allowed, the other parties must have a reasonable opportunity to respond and adduce evidence.
15.6 After closure of proceedings, an amendment may be made only if the Arbitral Tribunal reopens the proceedings in accordance with Article 46 of these Rules.

Article 16 – Counterclaims, Cross-claims and Set-off

16.1 A respondent may bring a counterclaim against a claimant or, in a multi-party arbitration, a cross-claim against another party, if it falls within the arbitration agreement. The Arbitral Tribunal may consider whether it arises from the same transaction or a related series of transactions.
16.2 Any counterclaim or cross-claim by the Respondent shall, to the extent possible, be submitted together with the Response to the Notice of Arbitration. Any such counterclaim or cross-claim submitted after the constitution of the Arbitral Tribunal shall require the Tribunal’s permission.
16.3 It must state the material facts, legal basis, relief and amount and include the evidence relied on, consistently with Articles 11 and 14.
16.4 A party may, in the arbitral proceedings, raise a defence of set-off against a claim made by another party, irrespective of whether the claim relied upon for the set-off falls within the scope of the arbitration agreement. However, the Arbitral Tribunal may render a binding decision on such set-off claim only to the extent that it falls within the scope of the arbitration agreement and the Arbitral Tribunal has jurisdiction to determine it.
16.5 Any response to a counterclaim or cross-claim shall be made in accordance with the provisions governing the Response to the Notice of Arbitration under Articles 12 and 14 of these Rules, as applicable.
16.6 Where a counterclaim or cross-claim has been submitted, the Arbitral Tribunal may determine separate amounts of deposits for costs and may direct that the relevant claims be heard in separate proceedings.

Article 17 – Disclosure of Third-Party Funding

17.1 A funded party has a continuing duty to disclose in writing to the Secretariat, Arbitral Tribunal or emergency arbitrator, and all other parties, the existence of any third-party funding and the funder's identity.
17.2 The disclosure obligation shall include the following essential information:
(a) the existence of any third-party funding agreement;
(b) the third-party funder’s full legal name, identity details, postal address and contact details; and
(c) the material terms of the third-party funding agreement, including the scope of funding, the method for calculating the funder’s remuneration and any repayment, and whether the agreement provides for liability for adverse costs.
17.3 The disclosure obligation shall be complied with as follows:
(a) where a third-party funding agreement has been entered into before or upon the commencement of the arbitration, disclosure must be made in the Notice of Arbitration, the Response to the Notice of Arbitration, the application for joinder, or the response thereto, as applicable;
(b) where a third-party funding agreement is entered into after the commencement of the arbitration, disclosure must be made within 15 days after the agreement is entered into; and
(c) in emergency arbitrator proceedings, disclosure must be made at the time the application for emergency relief is submitted.
17.4 Following the initial disclosure, the funded party shall make a supplementary disclosure within seven days of any material change to the funding agreement, including any change in the funder, the scope of funding, or the principal repayment arrangements.
17.5 Following its constitution, the Arbitral Tribunal may require any party to disclose further details of any third-party funding agreement, including the agreement in its entirety, and may, after giving all parties an opportunity to be heard, issue such directions concerning disclosure of the funding agreement as it considers appropriate.
17.6 Where a party fails to comply with the disclosure obligations under this Article or with any disclosure direction issued by the Arbitral Tribunal, the Tribunal may impose such sanctions as it considers appropriate, including making an adverse costs order or an award of damages in respect of such non-compliance, or taking such non-compliance into account adversely in rendering its award.
17.7 Neither the disclosure nor the existence of a third-party funding agreement shall be regarded as an admission or indication of a party’s financial position. In determining the merits of the dispute, the Arbitral Tribunal shall not draw any adverse inference as to a party’s claims or rights solely from the existence of such an agreement.
17.8 The Arbitral Tribunal may consider funding arrangements in deciding costs only to the extent relevant and permitted by applicable law.

Article 18 – Claims Under Multiple Contracts

18.1 Where the Claimant’s claims arise out of multiple contracts or multiple arbitration agreements, the Claimant may commence arbitration in any of the following ways:
(a) by submitting a separate Notice of Arbitration in respect of each arbitration agreement, thereby commencing separate arbitral proceedings;
(b) by submitting a separate Notice of Arbitration in respect of each arbitration agreement and, at the same time, an application for consolidation under Article 19 of these Rules; or
(c) by submitting a single Notice of Arbitration in respect of all relevant arbitration agreements, which shall be deemed to constitute an application by the Claimant to consolidate all such claims into a single arbitration.
18.2 Where the Claimant elects to submit a single Notice of Arbitration under Article 18.1(c), the Notice shall, in addition to satisfying the requirements of Article 11 of these Rules, identify each relevant contract and arbitration agreement and specify the claims arising under each arbitration agreement.
18.3 Where the Claimant asserts claims arising out of multiple contracts or multiple arbitration agreements in a single arbitration, the Arbitral Tribunal may exercise jurisdiction over such claims only if all of the following conditions are satisfied:
(a) the parties to each arbitration agreement are the same, or the arbitration agreements are compatible with one another;
(b) the disputes giving rise to the claims involve a common question of law or fact; and
(c) the entitlement to relief in respect of each claim arises out of the same transaction or a series of related transactions.
18.4 Before the constitution of the Arbitral Tribunal, where the Secretariat receives a single Notice of Arbitration concerning multiple contracts, SNIAC may charge a single case registration fee in respect of all claims. If the Secretariat ultimately rejects the application for consolidation, the Claimant shall pay a separate additional case registration fee in respect of each arbitration agreement not included in the consolidation and resubmit a Notice of Arbitration for each such agreement.
18.5 The other provisions of these Rules shall apply, with any necessary modifications, to the conduct of a multi-contract arbitration.

Article 19 – Consolidation

19.1 Where the conditions set out in this Article are satisfied, a party may apply to the Secretariat or, where constituted, the Arbitral Tribunal to consolidate two or more pending arbitrations under these Rules into a single arbitral proceeding..
19.2 The application is made to the Secretariat if no Arbitral Tribunal has been constituted in any case; otherwise it is made to the first constituted Arbitral Tribunal.
19.3 An application for consolidation may be granted only if one of the following conditions is satisfied:
(a) all parties to all the arbitrations have agreed in writing to the consolidation;
(b) all claims in the arbitrations are made pursuant to the same arbitration agreement; or
(c) the arbitration agreements in the arbitrations are compatible with one another, the arbitrations involve a common core question of law or fact, and the entitlement to relief in respect of each claim arises out of the same transaction or a series of related transactions.
19.4 An application for consolidation shall contain:
(a) the case number of each arbitration proposed to be consolidated;
(b) the identity and contact details of each party, its representative and any arbitrator already appointed;
(c) the factual and legal grounds supporting the application for consolidation;
(d) the applicant’s proposals regarding the seat and language of the consolidated arbitration and the constitution of the Arbitral Tribunal; and
(e) confirmation that a copy of the application has been served on all relevant parties and any arbitrator already appointed, together with details of the method and date of service.
19.5 Before deciding an application for consolidation, the Secretariat or the Arbitral Tribunal shall afford all relevant parties and any arbitrator already appointed a reasonable opportunity to make written submissions. Pending its decision, the Secretariat or the Arbitral Tribunal may order a stay of any arbitration proposed to be consolidated.
19.6 Where an application for consolidation is granted, the arbitrations shall be consolidated into the arbitration commenced first, unless otherwise agreed by all parties or determined by the SNIAC Secretariat or the Arbitral Tribunal. Following consolidation, any party that has not had an opportunity to nominate an arbitrator or participate in the constitution of the Arbitral Tribunal shall be deemed to have waived those rights, without prejudice to its right to challenge an arbitrator under these Rules.
19.7 Where necessary to ensure equal treatment in constitution, the Secretariat may revoke appointments and reconstitute the Arbitral Tribunal, after consulting the parties and appointed arbitrators. If an already constituted Arbitral Tribunal orders consolidation, it must refer any proposed revocation to the Chief Executive Officer.
19.8 Revocation does not invalidate a prior act, direction, decision or award.
19.9 If consolidation is refused, each arbitration continues separately.

Article 20 – Joinder of Additional Parties

20.1 After the commencement of the arbitration, any party to the arbitration or any non-party may submit an application for joinder to the Secretariat before the constitution of the Arbitral Tribunal, or to the Arbitral Tribunal after its constitution, requesting that one or more non-parties be joined to the arbitration as a Claimant or Respondent.
20.2 An application for joinder may be granted only if one of the following conditions is satisfied:
(a) all parties, including the non-party proposed to be joined, have agreed in writing to the joinder; or
(b) there is prima facie evidence that the non-party proposed to be joined is bound by the arbitration agreement in question, and the claims to be brought by or against that non-party arise out of the same transaction or series of related transactions as the original claims.
20.3 An application for joinder shall contain the following essential information:
(a) the case number of the arbitration;
(b) the identity and contact details of all relevant persons, including the party proposed to be joined;
(c) the applicant’s position as to whether the party proposed to be joined should be joined as a Claimant or Respondent;
(d) copies of, or a clear reference to, the arbitration agreement relied upon and any relevant contract;
(e) the factual and legal grounds supporting the application for joinder;
(f) any claims against the party proposed to be joined;
(g) details of any third-party funding agreement required to be disclosed;
(h) proof of payment of the joinder application fee; and
(i) confirmation that a copy of the application has been served on all relevant persons, including the party proposed to be joined, together with details of the method and date of service.
20.4 The proposed additional party has 15 days after receipt to respond, including on jurisdiction and the merits, and to state any claim of its own.
20.5 Before deciding an application for joinder, the Secretariat or the Arbitral Tribunal shall afford all relevant persons, including the party proposed to be joined, a reasonable opportunity to make written submissions.
20.6 Where an application for joinder is granted, the date on which the Secretariat or the Arbitral Tribunal receives the complete application for joinder shall be deemed to be the date on which the arbitration against the joined party commenced. The joined party shall become a party to the arbitration and shall have all the rights, and assume all the corresponding obligations, of a party under these Rules.
20.7 Where an application for joinder is granted, the Chief Executive Officermay revoke the appointment of any arbitrator appointed before the joinder decision and reconstitute the Arbitral Tribunal in accordance with these Rules. Where the Arbitral Tribunal grants the application for joinder, it shall refer to the Chief Executive Officer the question of whether the appointment of any arbitrator already appointed should be revoked.
20.8 A decision to revoke an arbitrator’s appointment shall not affect the validity of any act, decision, direction, order or award made by that arbitrator before the revocation took effect. A joined party that has not had an opportunity to nominate an arbitrator or participate in the constitution of the Arbitral Tribunal shall be deemed to have waived those rights, without prejudice to its right to challenge an arbitrator under these Rules.
20.9 Where an application for joinder is granted, SNIAC may make corresponding adjustments to its administration fees, the Arbitral Tribunal’s fees and the amount of the deposit for costs. In accordance with these Rules, any party may assert a claim, counterclaim, cross-claim or set-off against any other party.
20.10 The rejection of an application for joinder shall be without prejudice to the right of the applicant or any non-party to commence separate arbitral proceedings against the party proposed to be joined in respect of the relevant dispute.

PART III – CONSTITUTION OF THE ARBITRAL ARBITRAL TRIBUNAL

Article 21 – Number of Arbitrators

21.1 The parties may agree in writing on a sole arbitrator or three arbitrators. Any agreement between the parties shall prevail over any other provision of these Rules.
21.2 In the absence of an agreement, a sole arbitrator will ordinarily be appointed. The Secretariat may determine that three arbitrators are appropriate having regard to the amount, complexity of the case, cross-border features, number of parties and other relevant circumstances.
21.3 Where the parties have not agreed on the number of arbitrators, the Claimant shall state its proposal, with reasons, in the Notice of Arbitration, and the Respondent shall do so in the Response to the Notice of Arbitration. After giving both parties an opportunity to express their views, the Secretariat shall finally determine the number of arbitrators.
21.4 A small-claims arbitration must have a sole arbitrator. An expedited or summary procedure will ordinarily have a sole arbitrator unless the Secretariat determines otherwise.
21.5 The decision of the  Secretariat on the number of arbitrators shall be final, need not state reasons, and shall not be subject to appeal or reconsideration.

Article 22 – Appointment of a Sole Arbitrator

22.1 Where the parties have agreed that the dispute shall be determined by a sole arbitrator, they shall jointly nominate a candidate for appointment as the sole arbitrator within the applicable period specified below and submit the nomination to the Secretariat for confirmation and appointment:
(a) where the parties agreed on a sole arbitrator before the commencement of the arbitration, within 30 days after the Respondent’s receipt of the Notice of Arbitration;
(b) where the parties agree, after the commencement of the arbitration, that the dispute shall be determined by a sole arbitrator, within 15 days after the date of that agreement; or
(c) where the Secretariat determines that the dispute shall be determined by a sole arbitrator, within 15 days after the last party receives notice of that determination.
22.2 Where the parties fail to jointly nominate a candidate for appointment as sole arbitrator within the period specified above, or where the nomination procedure agreed by the parties fails to produce a candidate within the specified period, the Secretariat shall directly appoint the sole arbitrator.
22.3 A candidate jointly nominated by the parties for appointment as sole arbitrator shall not be appointed unless confirmed by the Secretariat. In determining whether to confirm the nomination, the Secretariat shall have regard to any qualifications agreed by the parties, the candidate’s independence and impartiality, the candidate’s ability to devote sufficient time to the arbitration, and the particular circumstances of the case. The SNIAC Secretariat may reject the nomination and require the parties to make a new nomination, or may directly appoint the sole arbitrator.
22.4 Where the parties are of different nationalities, any sole arbitrator appointed by the Secretariat shall be of a nationality different from that of every party, unless all parties agree otherwise in writing. Where a candidate jointly nominated by the parties has the same nationality as any party, the candidate may be confirmed and appointed only if all parties confirm in writing that they have no objection.
22.5 The Secretariat shall send notice of the appointment of the sole arbitrator to all parties and to the arbitrator appointed. The date on which the notice is sent shall be deemed to be the date on which the Arbitral Tribunal is constituted.

Article 23 – Appointment of Three Arbitrators

23.1 Where the parties have agreed that the Arbitral Tribunal shall consist of three arbitrators, the Arbitral Tribunal shall be constituted in accordance with this Article, unless the parties otherwise agree in writing.
23.2 The Claimant shall nominate one arbitrator in the Notice of Arbitration, and the Respondent shall nominate one arbitrator in the Response to the Notice of Arbitration. An arbitrator nominated by either party shall not be appointed unless confirmed by the Secretariat.
23.3 Where a party fails to nominate an arbitrator within the period prescribed by these Rules, the Secretariat shall appoint an arbitrator on that party’s behalf.
23.4 The two co-arbitrators confirmed and appointed following nomination by the parties shall, within 15 days after the confirmation and appointment of the second co-arbitrator, jointly nominate a third arbitrator to serve as the presiding arbitrator and submit the nomination to the Secretariat for confirmation and appointment.
23.5 Where the two co-arbitrators fail to jointly nominate the presiding arbitrator within the period specified above, or where the nomination procedure agreed by the parties fails to produce a candidate within the specified period, the Secretariat shall directly appoint the presiding arbitrator.
23.6 Where the parties have agreed on an alternative procedure for nominating the presiding arbitrator, that procedure shall apply. However, if the agreed procedure fails to produce a candidate within the period agreed by the parties or fixed by SNIAC, the Secretariat may directly appoint the presiding arbitrator, notwithstanding the parties’ agreed procedure.
23.7 In confirming or appointing the presiding arbitrator, the Secretariat shall have regard to any qualifications agreed by the parties, the candidate’s professional expertise, independence and impartiality, the candidate’s ability to devote sufficient time to the arbitration, the complexity of the case and any other relevant circumstances, and shall consult the two co-arbitrators.
23.8 The Secretariat shall send notice of the appointment of the presiding arbitrator to all parties and all three arbitrators. The date on which the notice is sent shall be deemed to be the date on which the three-member Arbitral Tribunal is constituted.

Article 24 – Appointment in a Multi-party Arbitration

24.1 Where an arbitration involves multiple Claimants or multiple Respondents and the parties have agreed that the Arbitral Tribunal shall consist of three arbitrators, the Arbitral Tribunal shall be constituted in accordance with this Article, unless all parties otherwise agree in writing.
24.2 All Claimants shall jointly nominate one arbitrator within 28 days after the commencement of the arbitration, and all Respondents shall jointly nominate one arbitrator within the same period. An arbitrator nominated by either side shall not be appointed unless confirmed by the Secretariat.
24.3 Where either the Claimants or the Respondents fail to jointly nominate an arbitrator within the period specified above, or where the parties are unable to agree on their alignment into Claimant and Respondent groups, the Secretariat may disregard any nomination already made by the parties, directly appoint all three members of the Arbitral Tribunal, and designate one of them as the presiding arbitrator, without being bound by any nomination made by the parties.
24.4 The two co-arbitrators, once confirmed and appointed, shall jointly nominate the presiding arbitrator in accordance with Article 23 of these Rules. If they fail to make the nomination within the prescribed period, the Secretariat shall directly appoint the presiding arbitrator.
24.5 In a multi-party arbitration, any alternative procedure agreed by the parties for the constitution of the Arbitral Tribunal shall apply. However, where that procedure poses a serious risk of unequal treatment or may prejudice the validity or enforceability of the award, the Secretariat may, after giving all parties an opportunity to express their views, take any measures necessary to constitute an independent and impartial Arbitral Tribunal, including revoking any appointment already made and directly appointing all members of the Tribunal.
24.6 Where the parties to a multi-party arbitration have agreed that the dispute shall be determined by a sole arbitrator, all parties shall jointly nominate the sole arbitrator within the period fixed by SNIAC. If they fail to do so within that period, the Secretariat shall directly appoint the sole arbitrator.
24.7 Any appointment of an arbitrator under this Article shall comply with Article 26 of these Rules concerning arbitrator qualifications, independence and disclosure obligations, and Article 27 concerning arbitrator diversity.

Article 25 – Final Authority for the Confirmation and Appointment of Arbitrators

25.1 Irrespective of whether the parties have agreed on a procedure for nominating arbitrators, the exclusive and final authority to appoint all arbitrators under these Rules shall rest with the Secretariat. Any candidate nominated by a party or a co-arbitrator must be confirmed and finally appointed by the Secretariat before becoming a member of the Arbitral Tribunal.
25.2 In confirming or appointing an arbitrator, the Secretariat shall have regard to all relevant factors, including:
(a) any requirements agreed by the parties concerning the arbitrator’s qualifications, area of expertise, experience and competence;
(b) the arbitrator’s independence and impartiality, and whether any conflict of interest exists that may give rise to justifiable doubts as to the arbitrator’s independence or impartiality;
(c) whether the arbitrator has sufficient time and capacity to conduct the arbitral proceedings promptly and efficiently in accordance with these Rules;
(d) whether the arbitrator is familiar with these Rules, international arbitral procedure and the applicable law of the seat of arbitration;
(e) the amount in dispute, the complexity and cross-border aspects of the case, and the nationalities of the parties; and
(f) the requirements concerning arbitrator diversity under Article 27 of these Rules.
25.3 The Secretariat may reject any candidate nominated by a party or co-arbitrator without providing reasons for its decision. Where a nomination is rejected, the Secretariat may require the nominating party or co-arbitrator to make a new nomination within a specified period, or may directly appoint an arbitrator who satisfies the applicable requirements.
25.4 Where the parties have agreed that an arbitrator shall be appointed by a third-party institution, organisation or individual, that agreement shall be treated solely as an agreement concerning the nomination of the arbitrator. Any candidate so nominated must still be confirmed and finally appointed by the Secretariat. If the third-party institution, organisation or individual fails to nominate an arbitrator within the specified period, the Secretariat may directly appoint the arbitrator, notwithstanding the procedure agreed by the parties.
25.5 All decisions of the Secretariat concerning the confirmation or appointment of an arbitrator shall be final and not subject to appeal. An arbitrator’s appointment shall take effect on the date on which the Secretariat sends notice of the appointment to all parties and the arbitrator.
25.6 After an arbitrator’s appointment takes effect, the Secretariat shall transmit the complete case file to the Arbitral Tribunal as soon as practicable, provided that the deposits for costs required under these Rules have been paid in full, unless SNIAC determines otherwise.

Article 26 – Qualifications, Independence and Disclosure

26.1 Every arbitrator appointed under these Rules shall remain independent of the parties at all times and shall perform the arbitrator’s duties impartially and without bias. No arbitrator shall have any interest or relationship with any party that may affect the arbitrator’s independence or impartiality, or act as an advocate for any party.
26.2 An arbitrator shall satisfy the following minimum qualifications:
(a) the arbitrator shall have full legal capacity, have no criminal conviction, and have no record of having had a legal or other relevant professional practising qualification revoked or of having been prohibited from acting as an arbitrator;
(b) the arbitrator shall possess professional knowledge and experience in international commercial arbitration and be familiar with these Rules and generally accepted international arbitration practices;
(c) the arbitrator shall have sufficient time and capacity to perform all duties in the arbitral proceedings within the prescribed time limits and to render the award promptly; and
(d) the arbitrator shall satisfy any additional requirements agreed by the parties concerning professional qualifications, industry experience or language proficiency.
26.3 Before being nominated or appointed, a prospective arbitrator shall sign a “Statement of Acceptance, Independence, Impartiality and Availability” and shall simultaneously disclose in writing to the Secretariat and all parties any facts or circumstances that may give rise to justifiable doubts as to the prospective arbitrator’s impartiality or independence, whether material or otherwise.
26.4 Following acceptance of the appointment, an arbitrator shall be under a continuing duty of disclosure throughout the arbitral proceedings. The arbitrator shall immediately disclose in writing to the Secretariat, all parties and the other arbitrators any new facts or circumstances that may give rise to justifiable doubts as to the arbitrator’s impartiality or independence.
26.5 No party or its representative shall engage in ex parte communications with any prospective, proposed or appointed arbitrator concerning the merits of the dispute or procedural strategy. Permissible ex parte communications shall be limited to:
(a) informing a prospective arbitrator of the general nature of the dispute and the anticipated procedural arrangements;
(b) discussing the prospective arbitrator’s qualifications, experience, availability, independence and impartiality; and
(c) communications between co-arbitrators concerning the suitability of a candidate for appointment as the presiding arbitrator, provided that such communications do not concern the merits of the dispute.
No party or its representative shall engage in any ex parte communication with a candidate for appointment as the presiding arbitrator concerning any matter relating to the arbitration.
26.6 Where an arbitrator breaches the requirements of this Article concerning independence, disclosure obligations or the prohibition on ex parte communications, the SNIAC Secretariat may refuse to appoint that arbitrator or remove the arbitrator on its own initiative in accordance with Article 29 of these Rules. Any party may challenge the arbitrator in accordance with Article 31 of these Rules.

Article 27 – Diversity
27.1 Parties and co-arbitrators are encouraged, when nominating arbitrators, to give due consideration to diversity factors, including gender, race, nationality, age, professional background and geographic representation, with a view to promoting diversity in the constitution of Arbitral Tribunals.
27.2 When exercising its authority to appoint arbitrators under these Rules, the Secretariat shall, in addition to considering all relevant factors specified in Article 25, give due consideration to arbitrator diversity and give preference to qualified candidates from diverse backgrounds.
27.3 The Secretariat shall establish and maintain a diverse roster of arbitrators that reflects diversity in gender, nationality, professional expertise and geographic representation, thereby ensuring an adequate range of diverse candidates for nomination by the parties and appointment by SNIAC.
27.4 This Article is aspirational in nature and shall not affect the parties’ right to nominate arbitrators or the authority of the Secretariat to appoint an arbitrator or reject a nomination on the basis of the arbitrator’s qualifications, independence, impartiality or ability to perform the required duties.

Article 28 – Communications with the Arbitral Tribunal

28.1 All written communications between any party and the Arbitral Tribunal shall be copied simultaneously to the Secretariat and all other parties. Unless otherwise directed by the Arbitral Tribunal, all communications shall be transmitted through the Secretariat or delivered in such manner as the Tribunal may direct.
28.2 Before the constitution of the Arbitral Tribunal, no party or its representative shall engage in any ex parte communication with a prospective arbitrator or a party-nominated candidate concerning the merits of the dispute or procedural strategy, except for the limited communications permitted under Article 26.5 of these Rules.
28.3 After the constitution of the Arbitral Tribunal, no party or its representative shall engage in any ex parte communication with any arbitrator concerning any substantive or procedural matter relating to the arbitration. All arbitration-related communications shall be conducted in the presence of all parties or made in writing and delivered simultaneously to all parties and the Arbitral Tribunal.
28.4 The only exceptions shall be:
(a) communications concerning purely procedural or administrative matters, such as hearing dates or meeting arrangements, provided that the communication is immediately disclosed in writing to all other parties; or
(b) any other purely administrative communication agreed by the parties and approved by the Arbitral Tribunal, provided that the communication is fully disclosed to all parties.
28.5 No arbitrator shall engage in any ex parte communication with a party or its representative that is prohibited under this Article. An arbitrator who receives any such communication shall immediately make full disclosure of its contents to the SNIAC Secretariat, all other parties and the other members of the Arbitral Tribunal.
28.6 Where a party breaches this Article by engaging in prohibited ex parte communication with a prospective or appointed arbitrator, the Arbitral Tribunal may take such measures as it considers appropriate, including refusing to admit any evidence submitted through that communication, making an adverse costs order in respect of the conduct, or taking the conduct into account adversely in rendering its award. In serious cases, the SNIAC Secretariat may reject the candidate nominated by that party or remove the arbitrator concerned.
28.7 Where an arbitrator breaches this Article by engaging in prohibited ex parte communication with a party, any party may challenge the arbitrator under Article 31 of these Rules, and the SNIAC Secretariat may remove the arbitrator on its own initiative under Article 29. If the breach results in the award being set aside or refused enforcement, the arbitrator shall not be entitled to remuneration for the work concerned.

Article 29 – Effect of Constitution of the Arbitral Tribunal

29.1 The Arbitral Tribunal shall be formally constituted on the date on which the Secretariat sends notice of the appointment of all members of the Tribunal to all parties. Upon its constitution, the Arbitral Tribunal shall have the authority to exercise its powers and perform its duties in accordance with these Rules.
29.2 Any procedural decision or administrative direction issued by the Secretariat under these Rules before the constitution of the Arbitral Tribunal shall be binding on the Tribunal, unless the Tribunal, after giving all parties an opportunity to express their views, decides otherwise. Any such subsequent decision shall not affect the validity of any procedural step already taken by a party in reliance on the original decision.
29.3 After the constitution of the Arbitral Tribunal, no party may object to the constitution of the Tribunal on grounds relating to the existence, validity or scope of the arbitration agreement, unless the objection is based on new facts of which that party became aware only after the Tribunal was constituted.
29.4 The constitution of the Arbitral Tribunal shall not affect any party’s right to challenge an arbitrator under Articles 30 to 32 of these Rules or the authority of the Secretariat to remove an arbitrator on its own initiative under Article 29 of these Rules.
29.5 Where the composition of the Arbitral Tribunal changes after its constitution as a result of an arbitrator’s challenge, removal, resignation, death or otherwise, the reconstituted Tribunal may determine the validity of any procedural steps previously taken, including whether any hearing, written submission or procedure for the presentation and examination of evidence should be repeated. However, any procedural direction or decision made by the former Tribunal shall ordinarily remain in effect unless it has resulted in serious procedural unfairness.
29.6 The Secretariat shall retain on file all documents relating to the constitution of the Arbitral Tribunal, including the arbitrators’ statements and disclosures. The parties shall be entitled to inspect those documents.

PART IV – CHALLENGE, REMOVAL AND REPLACEMENT OF ARBITRATORS

Article 30 – Grounds for Challenge

30.1 Any party may submit an application to the Secretariat challenging an arbitrator on any of the following grounds:
(a) the arbitrator has breached the duties of independence and impartiality under Article 26 of these Rules, has an interest in or relationship with any party, or there are facts or circumstances that may give rise to justifiable doubts as to the arbitrator’s ability to perform the arbitrator’s duties impartially;
(b) the arbitrator does not possess the professional qualifications or language proficiency agreed by the parties and is unable to perform the duties of an arbitrator properly;
(c) the arbitrator has failed to comply with the disclosure obligations under these Rules, made a false disclosure, or concealed any conflict of interest or relevant relationship;
(d) the arbitrator has engaged in misconduct in the performance of the arbitrator’s duties, including causing serious delay to the proceedings, refusing to perform those duties, or breaching the Arbitral Tribunal’s rules governing its deliberations; or
(e) the arbitrator has been convicted of a criminal offence, has a record of professional disciplinary action, or has ceased to possess full legal capacity.
30.2 The grounds for challenging an arbitrator may arise from circumstances existing before the arbitrator accepted the appointment or from circumstances arising after the constitution of the Arbitral Tribunal.
30.3 A party that knows of any ground for challenging an arbitrator but proceeds with the arbitration without raising an objection without undue delay, or within any time limit prescribed by these Rules, shall be deemed to have waived its right to challenge that arbitrator on that ground, subject to any mandatory provision of the applicable law.

Article 31 – Challenge Procedure

31.1 A party shall submit a written application challenging an arbitrator to the Secretariat within 15 days after becoming aware of the grounds for challenge. Failure to submit the application within that period shall result in the loss of the right to make the challenge.
31.2 The application for challenge shall set out the applicant’s details, the name of the arbitrator challenged, the grounds for the challenge and the supporting facts and evidence, and the relief sought, and shall be accompanied by proof of service.
31.3 A copy of the application for challenge shall be served simultaneously on the arbitrator challenged, the other arbitrators and all parties.
31.4 The arbitrator challenged may, within seven days after receiving the application, submit a written response to the Secretariat stating whether the arbitrator accepts the challenge or disputing the grounds relied upon.
31.5 Any other party may submit written observations on the application for challenge within seven days after receiving it.

Article 32 – Decision on Challenge

32.1 The Secretariat shall issue a final decision within 15 days after receiving the complete application for challenge, the challenged arbitrator’s written response and the observations of the other parties. The Secretariat shall not be required to provide reasons for its decision.
32.2 Where the challenge is upheld, the Secretariat shall revoke the appointment of the challenged arbitrator, who shall immediately cease to participate in the arbitral proceedings.
32.3 Where the challenge is rejected, the composition of the Arbitral Tribunal shall remain unchanged, and the challenged arbitrator shall continue to perform the arbitrator’s duties.
32.4 During the determination of the challenge, the arbitral proceedings shall be stayed, except for any emergency proceedings. Upon the application of a party, the Secretariat may direct that the arbitral proceedings continue in order to avoid undue delay.

Article 33 – Removal by SNIAC

33.1 The Secretariat may, on its own initiative and in the absence of an application for challenge, remove an arbitrator in any of the following circumstances:
(a) the arbitrator refuses to comply with the applicable disclosure obligations or fails to disclose a material conflict of interest;
(b) the arbitrator, without reasonable cause, delays the proceedings or refuses to participate in a hearing or the Tribunal’s deliberations;
(c) the arbitrator becomes unable to perform the arbitrator’s duties, breaches applicable standards of professional conduct, or engages in conduct that undermines the fairness or integrity of the arbitration; or
(d) the arbitrator breaches the prohibition on ex parte communications by communicating privately with a party.
33.2 Before deciding to remove an arbitrator, the Secretariat shall afford the arbitrator and all parties an opportunity to make written submissions.
33.3 Any decision to remove an arbitrator shall be final and not subject to appeal.

Article 34 – Replacement

34.1 Where an arbitrator ceases to hold office as a result of a successful challenge, removal, resignation, death, loss of legal capacity or otherwise, the Secretariat shall appoint a substitute arbitrator within 30 days in accordance with the procedure applicable to the original appointment.
34.2 Where a sole arbitrator ceases to hold office, a substitute shall be appointed in accordance with Article 22 of these Rules. Where a co-arbitrator on a three-member Tribunal ceases to hold office, the party that originally nominated that arbitrator shall nominate a replacement. Where the presiding arbitrator ceases to hold office, a replacement shall be selected in accordance with Article 23 of these Rules.
34.3 Where an arbitrator ceases to hold office in a multi-party arbitration, the Arbitral Tribunal shall be reconstituted in accordance with Article 24 of these Rules.
34.4 A substitute arbitrator shall be subject to the same disclosure and independence review procedures as the arbitrator being replaced.

Article 35 – Procedure After Replacement

35.1 Following the reconstitution of the Arbitral Tribunal, the reconstituted Arbitral Tribunal may determine whether any completed hearing, examination of evidence, written submission or other procedural step should be repeated.
35.2 In making that determination, the reconstituted Arbitral Tribunal shall give priority to procedural efficiency and shall repeat any procedural step only where necessary to remedy procedural unfairness or to prevent prejudice to the determination of the facts.
35.3 Any procedural direction, decision on the admissibility of evidence or interim ruling made by the former Arbitral Tribunal shall remain in effect unless it is manifestly unlawful or unfair.
35.4 Following the replacement of an arbitrator, the applicable time limits for the arbitral proceedings shall recommence. The Secretariat may adjust those time limits having regard to the circumstances of the case.

Article 36 – Failure of an Arbitrator to Participate

36.1 Where an arbitrator, without reasonable cause, fails to attend hearings or participate in the Arbitral Tribunal’s deliberations on more than two consecutive occasions, or refuses to participate in any material procedural step, the Secretariat may remove that arbitrator upon the written application of another arbitrator or any party, or on its own initiative.
36.2 In urgent circumstances, the remaining arbitrators may continue the proceedings in the absence of that arbitrator and shall immediately notify SNIAC and all parties in writing.
36.3 Once the absent arbitrator has remedied the default, that arbitrator may resume participation in the subsequent proceedings but shall not be entitled to invalidate or overturn any procedural step lawfully taken during the period of absence.

Article 37 – Institutional Finality

37.1 All decisions of the Secretariat concerning the appointment, confirmation, challenge, removal or replacement of an arbitrator shall be final.
37.2 No party may appeal against, or seek reconsideration of, any such decision.
37.3 Each such decision shall take effect immediately upon being made and shall be binding on all parties and arbitrators.

PART V – CONDUCT OF THE ARBITRATION

Article 38 – General Procedural Principles

38.1 The Arbitral Tribunal shall observe the fundamental principles of equal treatment, a full opportunity for each party to present its case, procedural efficiency, confidentiality, fairness and reasonableness, and determination in accordance with the applicable law.
38.2 The Arbitral Tribunal may determine the procedure flexibly having regard to the circumstances of the case and shall not be bound by the strict rules of evidence applicable in judicial proceedings, provided that procedural fairness is maintained.
38.3 The Arbitral Tribunal shall avoid unnecessary delay and expense and shall adopt reasonable measures to reduce the duration of the proceedings.
38.4 The parties shall participate in the arbitration in good faith and shall not obstruct the proceedings through deliberate delay, concealment of evidence, false representations or other improper conduct.

Article 39 – Case-management Conference and Timetable

39.1 Within 30 days after its constitution, the Arbitral Tribunal shall convene an initial case management conference, which may be conducted in person, remotely or by telephone.
39.2 The matters to be considered at the conference shall include the procedural timetable, deadlines for written submissions, the scope of document production, hearing arrangements, the language of the arbitration, translation and interpretation requirements, and security for costs.
39.3 Within five days after the conference, the Arbitral Tribunal shall issue a written procedural order and timetable specifying the time limits applicable to each stage of the proceedings.
39.4 The Arbitral Tribunal may convene further case management conferences and revise the procedural timetable having regard to the progress of the proceedings

Article 40 – Written Submissions

40.1 The parties shall submit their written pleadings, including the Statement of Claim, Statement of Defence, Defence to Counterclaim and any supplementary submissions, strictly in accordance with the directions of the Arbitral Tribunal.
40.2 Written submissions shall be logically organised, clearly state the material facts and be adequately supported by legal authority. They shall not be repetitive or unnecessarily lengthy.
40.3 The Arbitral Tribunal may refuse to admit any written submission filed after the applicable deadline without reasonable justification.
40.4 All written materials submitted by a party shall be paginated and accompanied by a table of contents and an index of exhibits or evidence, as directed by the Arbitral Tribunal.

Article 41 – Evidence

41.1 The Arbitral Tribunal shall have the authority to determine the admissibility, relevance and probative weight of any evidence and shall not be bound by the strict rules of evidence applicable in judicial proceedings.
41.2 Each party shall submit all evidence within the period specified by the Arbitral Tribunal. The Tribunal may refuse to admit any evidence submitted after that period.
41.3 The Arbitral Tribunal may order any party to disclose or produce documents. No party shall conceal, destroy or alter any material evidence.
41.4 Electronic evidence shall be submitted in its original medium or in the form of a notarised copy. The Arbitral Tribunal may appoint an independent expert or specialist institution to examine and authenticate electronic evidence.
41.5 Where a party fails to comply with its document production or disclosure obligations, the Arbitral Tribunal may draw such adverse inferences as it considers appropriate.

Article 42 – Hearings

42.1 Where the Arbitral Tribunal decides to hold a hearing, it shall give the parties at least 15 days’ prior notice of the date, time, place and manner of the hearing. Where the hearing is to be conducted by videoconference, the notice shall also include the login instructions and the link or online address for the hearing.
42.2 A hearing may be conducted in person, remotely by videoconference, or in a hybrid format. Where a party fails to attend without reasonable cause, the Arbitral Tribunal may proceed with the hearing in that party’s absence.
42.3 The hearing shall ordinarily proceed in the following order: the Claimant’s opening presentation, the Respondent’s response, cross-examination, witness testimony, the presentation and examination of evidence, expert testimony, oral argument and closing submissions. The Arbitral Tribunal may adopt a different order where it considers it necessary or appropriate to do so.
42.4 A record of the hearing shall be prepared, signed by the members of the Arbitral Tribunal, the SNIAC Secretary-General, the hearing recorder, the parties and their representatives, as applicable, and retained on the case file.
42.5 The hearing shall remain confidential throughout. Unless all parties agree otherwise, no audio or video recording may be made, and the hearing shall not be made available to the public.

Article 43 – Witnesses

43.1 A witness shall appear at the hearing for examination. Where attendance in person is impracticable for a valid reason, the witness may provide a written witness statement and be examined by videoconference.
43.2 The Arbitral Tribunal, the parties and their representatives may question and cross-examine a witness.
43.3 A party may apply for an expert witness to give evidence at the hearing. An expert witness shall act independently and objectively and shall not advocate the position of any party.
43.4 The Arbitral Tribunal may disallow any leading or irrelevant question and shall maintain the orderly conduct of the hearing.
43.5 Where a witness gives false evidence, the Arbitral Tribunal may take that conduct into account in its decision on costs. SNIAC may also include the witness on its register of witnesses found to have given false evidence and notify any relevant institution or authority.

Article 44 – Arbitral Tribunal-appointed Experts

44.1 The Arbitral Tribunal may, upon the application of a party or on its own initiative, appoint an independent expert to provide an opinion on any technical or specialised issue.
44.2 The expert shall sign a declaration of independence, disclose any conflict of interest and remain impartial throughout the appointment.
44.3 A party may submit written objections to the expert’s opinion. The expert shall respond to those objections or appear at a hearing for examination.
44.4 The expert’s fees and expenses shall form part of the costs of the arbitration, the allocation of which shall be finally determined by the Arbitral Tribunal.

Article 45 – Closure of Proceedings

45.1 Following the conclusion of the hearing and completion of the exchange of evidence, the Arbitral Tribunal may declare the proceedings closed.
45.2 After the proceedings have been declared closed, no party may submit any new evidence or written submission unless the Arbitral Tribunal reopens the proceedings on its own initiative.
45.3 The Arbitral Tribunal shall render its final award within 60 days after declaring the proceedings closed. In exceptional circumstances, that period may be extended with the approval of the SNIAC Secretariat, provided that the total period shall not exceed 90 days.

Article 46 – Stay, Settlement and Termination

46.1 Where the parties reach a settlement, they may request the Arbitral Tribunal to record the settlement in the form of an award on agreed terms or to terminate the arbitral proceedings.
46.2 The Arbitral Tribunal may order a stay of the proceedings where judicial proceedings or related proceedings are pending, or in any other circumstances it considers appropriate.
46.3 Where the Claimant withdraws all its claims and the Respondent has not submitted any counterclaim, the Arbitral Tribunal may terminate the proceedings.
46.4 Following termination of the proceedings, no party may recommence arbitration under these Rules in respect of the same dispute, unless otherwise provided in the settlement agreement.

Article 47 – Default and Non-participation

47.1 If Where the Claimant, without reasonable cause, fails or refuses to participate in the proceedings, the Claimant shall be deemed to have withdrawn its claims.
47.2 Where the Respondent, without reasonable cause, fails or refuses to participate in the proceedings, the Arbitral Tribunal may proceed in the Respondent’s absence and render an award.
47.3 Where a party fails or refuses to cooperate in document production, a hearing or the examination of evidence, the Arbitral Tribunal may determine the dispute on the evidence available and make an adverse costs order against that party.

PART VI – POWERS OF THE ARBITRAL TRIBUNAL

Article 48 – Jurisdiction

48.1 The Arbitral Tribunal shall have the power to rule on its own jurisdiction, including any issue concerning the existence, validity or scope of the arbitration agreement.
48.2 The Arbitral Tribunal may determine any jurisdictional issue as a preliminary question or in a separate award on jurisdiction. Any such preliminary ruling or jurisdictional award shall not prevent the Tribunal from continuing with the proceedings on the merits.
48.3 Any objection to the jurisdiction of the Arbitral Tribunal shall be raised no later than in the Response referred to in Articles 14.4 and 14.5. Where a counterclaim is made, any jurisdictional objection relating to that counterclaim shall be raised in the response to the counterclaim.
48.4 An application to a court concerning the jurisdiction of the Arbitral Tribunal shall not prevent the Tribunal from continuing the arbitral proceedings.

Article 49 – Interim Measures

49.1 Upon the application of a party, the Arbitral Tribunal may order interim measures, including measures for the preservation of assets or evidence and orders requiring or restraining specified conduct.
49.2 Before the constitution of the Arbitral Tribunal, an emergency arbitrator may, upon the application of a party, order any such interim measure.
49.3 When ordering an interim measure, the Arbitral Tribunal or emergency arbitrator may require the applicant to provide appropriate security in connection with the measure to prevent its misuse.
49.4 A party may apply for judicial assistance in recognising or enforcing an interim measure to a competent court at the seat of arbitration, at the place where the party against whom the measure is sought is located, or at the place where the relevant assets are situated or the relevant conduct is to occur.

Article 50 – Preliminary Determinations

50.1 The Arbitral Tribunal may make preliminary rulings on procedural disputes, objections concerning evidence and preliminary questions of jurisdiction.
50.2 A preliminary ruling shall constitute an interlocutory procedural determination and shall not prejudice or otherwise affect the validity of the final award.
50.3 A party may not separately apply for reconsideration of a preliminary ruling, except as permitted by any mandatory provision of the applicable law. Any objection to such ruling may be raised in an application to set aside the final award or in proceedings concerning the recognition or enforcement of that award, to the extent permitted by the applicable law.

Article 51 – Early Dismissal

51.1 A party may apply to the Arbitral Tribunal for the early dismissal of any claim or defence that is manifestly outside the Tribunal’s jurisdiction, manifestly without legal merit or manifestly time-barred. The Arbitral Tribunal shall determine whether to allow the application.
51.2 The Arbitral Tribunal may determine an application for early dismissal on the basis of written submissions and without holding a hearing.
51.3 The early dismissal procedure is intended to expedite the arbitral proceedings and reduce the costs of the arbitration.

Article 52 – Security for Costs

52.1 The Arbitral Tribunal may, upon the application of a party, order any party advancing a claim or counterclaim to provide security for costs. In determining whether to make such an order, the Arbitral Tribunal shall have regard to all relevant circumstances, including whether that party has sufficient assets against which an adverse costs award may be enforced and whether there is a risk of abuse of process. Security for costs shall not be ordered solely because that party is ordinarily resident outside Australia or is incorporated or established under foreign law.
52.2 Security may take the form of a bank guarantee, payment into escrow or any other form the Arbitral Tribunal considers suitable.
52.3 If security is not provided, the Arbitral Tribunal may stay the relevant claim and, after notice and a reasonable opportunity to comply, may dismiss it without prejudice or make another order permitted by applicable law.

Article 53 – Security for Satisfaction of the Award

53.1 The Arbitral Tribunal may order the Respondent to provide security for the satisfaction of any award, where necessary to prevent the Respondent from transferring or dissipating assets in a manner that may render the award unenforceable.
53.2 An application for security for the claim shall be accompanied by information identifying the Respondent’s assets and evidence establishing a risk that those assets may be transferred or dissipated.
53.3 Where the Respondent fails or refuses to provide the security ordered, the Arbitral Tribunal may record that failure or refusal in its award and notify the Claimant of its right to apply to a competent court for an asset-preservation measure under Article 49.4.

Article 54 – Other Procedural Powers

54.1 The Arbitral Tribunal may determine the language of the hearing, translation and interpretation arrangements, the duration of the hearing, and the manner in which evidence is to be presented and examined.
54.2 The Arbitral Tribunal may order a party to bear any additional costs incurred as a result of that party’s deliberate delay or other dilatory conduct.
54.3 The Arbitral Tribunal may consolidate hearings, conduct the proceedings in separate phases or adopt simplified procedures.
54.4 The Arbitral Tribunal may render a partial award determining any issue or claim that is not in dispute.

Article 55 – Confidentiality and Information Security

55.1 Unless otherwise agreed by all parties in writing, the arbitral proceedings and all information relating to them shall remain confidential. No party, arbitrator, arbitration secretary, hearing recorder, expert, witness or other participant shall disclose confidential information to any third party except as permitted under this Article or required or permitted by the applicable law.
55.2 Confidential information includes all pleadings, written submissions, evidence, documents produced or disclosed in the arbitration, hearing records and transcripts, procedural orders, tribunal deliberations, draft awards and awards, and any other information relating to the arbitral proceedings that is not otherwise in the public domain.
55.3 Confidential information may be disclosed only:
(a) with the written consent of all parties;
(b) to a party’s legal or other professional advisers, witnesses, experts, insurers, third party funders or other persons whose access is reasonably necessary for the conduct of the arbitration, provided that they are subject to an equivalent duty of confidentiality;
(c) where reasonably necessary to establish, exercise or protect a legal right, or to challenge, recognise or enforce an award;
(d) where required by applicable law, a competent court, governmental authority or regulatory body; or
(e) where otherwise authorised by the Arbitral Tribunal or a competent court in accordance with the applicable law.
55.4 An award may be published only with the written consent of all parties and after the removal or redaction of trade secrets, confidential commercial information and personal information, unless publication is otherwise required by applicable law.
55.5 A person who breaches the confidentiality obligations under this Article shall be liable for any loss or damage caused by that breach to the extent permitted by the applicable law. The Arbitral Tribunal may also take the breach into account in allocating costs or make any other appropriate order within its authority.
55.6 Where an arbitrator breaches the confidentiality obligations under this Article, the breach may constitute grounds for challenge or removal if it gives rise to justifiable doubts as to the arbitrator’s independence or impartiality or otherwise materially prejudices the fairness or integrity of the proceedings.

PART VII – AWARDS

Article 56 – Making of Awards

56.1 In an Arbitral Tribunal consisting of three arbitrators, any award shall be made by a majority of the arbitrators. Where no majority can be reached, the decision of the presiding arbitrator shall prevail.
56.2 The award shall be made in writing and shall state the seat of arbitration, the date of the award, the identity of the parties, the facts giving rise to the dispute, the legal reasons upon which the award is based, and the dispositive provisions of the award.
56.3 The award shall be signed by the arbitrators. Where any arbitrator refuses or fails to sign the award, the signatures of the majority of the arbitrators or, where there is no majority, the signature of the presiding arbitrator shall be sufficient, provided that the reason for any omitted signature is stated.
56.4 The award shall be transmitted to the parties by the Secretariat and retained in SNIAC’s records.

Article 57 – Applicable Law and Effect of Award

57.1 The award shall be final and binding on the parties.
57.2 The Arbitral Tribunal shall decide the dispute in accordance with the rules of law chosen by the parties as applicable to the substance of the dispute. Failing any such choice, the Tribunal shall apply the law determined by the conflict-of-laws rules that it considers applicable.
57.3 In all cases, the Arbitral Tribunal shall decide the dispute in accordance with the terms of the contract and shall take into account the trade usages applicable to the transaction. The Tribunal may decide the dispute ex aequo et bono or as amiable compositeur only where the parties have expressly authorised it to do so in writing and such determination is permitted by the law applicable to the arbitral proceedings.
57.4 The award shall be recognised as binding and, subject to the applicable law, may be recognised and enforced under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Australian International Arbitration Act 1974 (Cth), or any other applicable law.

Article 58 – Scrutiny of Awards

58.1 Before an award is signed, the Secretariat may scrutinise the award as to form. Such scrutiny shall be limited to procedural compliance and conformity with applicable formatting requirements and shall not interfere with the Arbitral Tribunal’s determination of the merits.
58.2 The Secretariat may require the Arbitral Tribunal to remedy any procedural defect or correct or complete the form of the award but shall not amend its substantive or dispositive provisions.
58.3 The scrutiny process shall not affect the time limit for rendering the award or prejudice the Arbitral Tribunal’s independence and authority in deciding the dispute.

Article 59 – Correction, Interpretation and Additional Award

59.1 Within 30 days after receiving the award, unless another period has been agreed by the parties, any party may, upon notice to the other parties, request the Arbitral Tribunal to correct any error in computation, any clerical or typographical error, or any error of a similar nature in the award.
59.2 If the parties have so agreed, any party may, within 30 days after receiving the award and upon notice to the other parties, request the Arbitral Tribunal to provide an interpretation of a specific point or part of the award.
59.3 Where the Arbitral Tribunal considers a request made under Article 59.1 or 59.2 to be justified, it shall make the correction or provide the interpretation within 30 days after receiving the request. Any interpretation shall form part of the award.
59.4 The Arbitral Tribunal may correct any error referred to in Article 59.1 on its own initiative within 30 days after the date of the award.
59.5 Within 30 days after receiving the award, unless another period has been agreed by the parties, any party may, upon notice to the other parties, request the Arbitral Tribunal to make an additional award in respect of any claim presented in the arbitral proceedings but omitted from the award.
59.6 Where the Arbitral Tribunal considers a request for an additional award to be justified, it shall make the additional award within 60 days after receiving the request.
59.7 The Arbitral Tribunal may, where necessary, extend the period within which it is required to make a correction, provide an interpretation or make an additional award under this Article.
59.8 Articles 56, 57 and 58 of these Rules shall apply to any correction or interpretation of an award and to any additional award.

Article 60 – Award on Agreed Terms

60.1 Where the parties reach a settlement, the Arbitral Tribunal may record the settlement in the form of an award on agreed terms.
60.2 An award on agreed terms shall have the same legal status and enforceability as a final award.
60.3 An award on agreed terms need not state the facts or legal reasons on which it is based and may set out only the operative terms of the settlement.

Article 61 — Enforcement of Awards

61.1 The parties shall comply voluntarily and without delay with the obligations imposed by the award.
61.2 Where a party fails or refuses to comply with the award, the other party may apply for recognition and enforcement to a competent court at the seat of arbitration, at the place where the party against whom enforcement is sought is located, or at the place where the assets against which enforcement is sought are situated.
61.3 The Secretariat may assist a party by providing any certification or other documentation required for the recognition or enforcement of the award.

PART VIII – COSTS AND DEPOSITS

Article 62 – Costs of the Arbitration

62.1 The costs of the arbitration shall include the case registration fee, administration fees, arbitrators’ fees, expert fees, translation and interpretation fees, witness expenses, travel expenses, secretarial fees, notarisation and authentication fees, and any other expenses incurred in connection with the arbitration.
62.2 A party’s reasonable legal fees and other costs of representation may be included in the recoverable costs. The Arbitral Tribunal may order the unsuccessful party to bear all or part of those costs.
62.3 The applicable fees shall be determined in accordance with the SNIAC Schedule of Fees in force at the relevant time.

Article 63 — Deposits for Costs

63.1 After the commencement of the arbitration and before the constitution of the Arbitral Tribunal, SNIAC may require the parties to pay deposits for the costs of the arbitration.
63.2 The amount of the deposits shall be estimated having regard to the amount in dispute and the complexity of the case.
63.3 Where a party fails to pay the required deposit within the prescribed period, SNIAC may suspend or terminate the arbitral proceedings.

Article 64 – Final Determination of Costs

64.1 The Arbitral Tribunal shall determine the total costs of the arbitration and their allocation between the parties in the final award.
64.2 As a general principle, the unsuccessful party shall bear the costs of the arbitration. Where each party succeeds on some issues and fails on others, the costs shall be allocated proportionately.
64.3 Where a party deliberately delays the proceedings or otherwise engages in dilatory conduct, the Arbitral Tribunal may order that party to bear any additional costs resulting from such conduct.

Article 65 – Recovery of Legal Fees and Other Costs

65.1 The successful party may seek reimbursement from the unsuccessful party of its reasonable legal fees, travel expenses, costs incurred in preserving or securing evidence, and other reasonable expenses.
65.2 In determining the amount recoverable, the Arbitral Tribunal shall have regard to the complexity of the case, the amount of work reasonably undertaken and the amount in dispute.
65.3 The Arbitral Tribunal may decline to award reimbursement for any costs or expenses that it considers unreasonable or excessive.

Article 66 – Liability for Costs

66.1 Where multiple parties jointly advance a claim or defence, they shall be jointly and severally liable for the costs of the arbitration.
66.2 Where a third-party funder participates in the arbitration, the funder and the funded party shall be jointly and severally liable for costs, to the extent permitted by the applicable law and the relevant funding agreement.
66.3 Joint and several liability under this Article shall not prejudice any right of contribution, indemnity or recovery as between the persons liable.

PART IX – SPECIAL PROCEDURES

Article 67 – Emergency Arbitrator

67.1 A party requiring urgent interim relief may apply for the appointment of an emergency arbitrator before the constitution of the Arbitral Tribunal.
67.2 The SNIAC Secretariat shall appoint an emergency arbitrator within 24 hours after receiving the application.
67.3 The emergency arbitrator shall issue an emergency order within 48 hours after the appointment.
67.4 An emergency order shall be binding on the parties. Following its constitution, the Arbitral Tribunal may modify or revoke the emergency order.
67.5 Unless otherwise agreed by the parties, the emergency arbitrator shall not be eligible for appointment as a member of the Arbitral Tribunal.

Article 68 – Small-claims Procedure

68.1 Where the amount in dispute is below the threshold prescribed by SNIAC, the Expedited Small Claims Procedure shall apply.
68.2 An arbitration conducted under the Expedited Small Claims Procedure shall be determined by a sole arbitrator under a simplified procedure and primarily on the basis of written submissions, unless both parties jointly request an oral hearing.
68.3 The award shall be rendered within 45 days after the constitution of the Arbitral Tribunal.
68.4 The costs of the arbitration shall be charged at 50 per cent of the rates set out in the SNIAC Schedule of Fees in force at the relevant time.

Article 69 – Expedited Procedure

69.1 Where the parties have agreed that the Expedited Procedure under these Rules shall apply, their agreement shall prevail.
69.2 Under the Expedited Procedure, the Arbitral Tribunal may dispense with certain written submissions and limit the duration of any hearing.
69.3 The Arbitral Tribunal may adapt the procedure as it considers appropriate to ensure that the award is rendered within 60 days after the constitution of the Arbitral Tribunal.

PART X – MISCELLANEOUS

Article 70 – Waiver

70.1 A party that knows of any non-compliance with these Rules or the arbitration agreement but proceeds with the arbitration without raising an objection without undue delay, or within any applicable time limit, shall be deemed to have waived its right to object.
70.2 Such waiver may apply to procedural objections, pleas as to jurisdiction, challenges to arbitrators and other procedural rights, to the extent permitted by the applicable law and subject to any time limits prescribed by these Rules.
70.3 No waiver under this Article shall apply to any mandatory provision of the law of the seat of arbitration or to any right that cannot lawfully be waived.

Article 71 – Exclusion of Liability

71.1 By agreeing to arbitration administered by SNIAC under these Rules, the parties agree that, to the fullest extent permitted by the applicable law, neither SNIAC nor any of its officers, employees, agents or appointed experts shall be liable for any act or omission undertaken in good faith in connection with an arbitration conducted under these Rules.
71.2 The exclusion of liability under Article 71.1 shall not apply to any breach of confidentiality, fraudulent or knowingly false disclosure, wilful misconduct, bad faith or other liability that cannot lawfully be excluded under the applicable law.
71.3 To the fullest extent permitted by the applicable law, no arbitrator shall incur liability for any act or omission undertaken in good faith in the performance or purported performance of the arbitrator’s functions under these Rules.

Article 72 – Other Matters

72.1 In respect of any matter not expressly provided for in these Rules, SNIAC and the Arbitral Tribunal may proceed by reference to generally accepted practices in international commercial arbitration.
72.2 SNIAC may issue practice notes or guidelines supplementing these Rules. Any such practice note or guideline shall have the same force and effect as these Rules. In the event of any inconsistency, these Rules shall prevail.
72.4 The appendix to these Rules shall have the same force and effect as these Rules. Any matter not provided for in these Rules shall be governed by the applicable appendix.
72.5 These Rules shall enter into force on 1 June 2026 and shall be interpreted by the Secretariat.