Ratified by the Commercial Cooperation Committee Riyadh - Kingdom of Saudi Arabia 16 November 1994
Amendments Ratified by the Commercial Cooperation Committee Al-Ain (Abu-Dhabi) - United Arab Emirates 5 October 1999
|Centre||:||The Commercial Arbitration Centre for the States of the Co-operation Council for the Arab States of the Gulf.|
|Rules||:||Arbitral Rules of Procedure for the Centre.|
|Secretary General||:||Centre’s Secretary General.|
|Tribunal||:||Arbitral Tribunal formed in accordance with the Rules.|
|Arbitration Agreement||:||Arbitration Agreement made by the parties in writing for reference to arbitration whether prior to the dispute (arbitration clause) or thereafter (arbitration stipulation).|
|Panel||:||List of the names of arbitrators at the Centre.|
The Arbitral Tribunal shall be composed of a single arbitrator or three arbitrators as mutually agreed upon between the parties. In case there is no agreement, the Secretary General shall form the Tribunal with one arbitrator, unless he finds that the nature of the dispute requires it to be formed by three arbitrators.
Unless there is an express agreement to the contrary, an Arbitration Agreement shall be deemed as independent from the contract subject to the dispute. If the contract is invalidated or terminated for any reason, the Arbitration Agreement shall remain valid and effective.
The Arbitral Tribunal shall have the power to rule on the issue relating to its non-jurisdiction. This shall include the pleas based upon the lack of an Arbitration Agreement, nullity of such Agreement, lapse thereof or its non-applicability to the issue in dispute. The said pleas shall be presented at the first hearing prior to examining the merits.
If either party fails to appear at the hearings after receiving notification to appear from the Tribunal, and does not provide, during a period of time being fixed by the Tribunal, an acceptable excuse for his absence, such absence shall not bar proceeding with the arbitration.
The Tribunal may take, at the request of either party, interim measures in respect of the subject matter of the dispute, including the measures for preservation of the contentious goods, such as ordering the deposit of the goods with third parties or sale of the perishable items thereof in compliance with the procedural rules in the country where the interim measure is adopted.
The GCC Commercial Co-operation Committee shall have the right to amend these Rules and the Board of Directors of the Centre shall have the right to interpret them.
These Rules shall come into effect immediately upon their ratification by the GCC Commercial Co-operation Committee.