Paris Court of International Arbitration – Centre for Emerging Markets (PCIA-CEM-CEM) Rules of Arbitration Preamble

Wherever an agreement, clause, or written reference—whether formally signed or not—designates arbitration under the auspices of the Paris Court of International Arbitration – Centre for Emerging Markets ("PCIA-CEM"), the parties shall be regarded as having unconditionally agreed to resolve their disputes in accordance with these Rules of Arbitration (the “PCIA-CEM Rules”). This includes any updated versions of the Rules that are in force prior to the start of arbitration proceedings.

These Rules are to be considered an integral element of the arbitration agreement (the “Arbitration Agreement”) and consist of the Preamble, the Articles herein, the Annex, the Index, and the Schedule of Costs, which may be updated independently by the PCIA-CEM.

Article 1: Request for Arbitration

1.1 A party wishing to commence arbitration under the PCIA-CEM Rules (the “Claimant”) shall submit a written notice (the “Request”) to the Registrar of the PCIA-CEM Court (the “Registrar”) via email at registrar@pariscourt.org. The Request must include or be accompanied by the following:

  • (i) The full name, nationality, and current contact details of the Claimant (including email address, postal address, and telephone number), as well as the same for the Claimant’s authorized representatives (if any) and all known parties to the arbitration;
  • (ii) A complete copy of the arbitration agreement or clause upon which the Claimant relies (excluding the PCIA-CEM Rules), along with any relevant contract or document that contains such terms and relates to the subject of the dispute;
  • (iii) A brief statement describing the general nature of the dispute, the underlying facts, the estimated monetary value or scope of the claim, the transactions involved, and the specific relief or remedy sought by the Claimant against each opposing party (each a “Respondent”);
  • (iv) A description of any procedural matters already agreed between the parties (if any), or proposals by the Claimant regarding the seat of arbitration, the language of proceedings, the number of arbitrators, and the qualifications or identity of the arbitrators to be appointed;
  • (v) If the arbitration agreement (or other governing document) permits the parties to nominate arbitrators, the full name and contact information of the arbitrator nominated by the Claimant;
  • (vi) Proof that the registration fee set forth in the current PCIA-CEM Schedule of Costs has been or is being paid. The arbitration will not proceed until this payment is received in full by the PCIA-CEM.

1.2 The Registrar shall acknowledge receipt of the Request and shall forward a copy of the Request and accompanying documents to all named Respondents, provided that sufficient contact information has been supplied.

1.3 The arbitration shall be deemed to have commenced on the date on which the Registrar receives the Request, provided that the registration fee has also been received. If the fee is not paid within 7 days of filing the Request, the Registrar may treat the Request as withdrawn without prejudice to its refiling.

1.4 Any party may seek clarification or request amendment of the Request, provided such clarification or amendment is submitted within a reasonable time and does not unduly delay the formation of the tribunal.

1.5 The Registrar shall notify the parties of the date of commencement of the arbitration and may, in its discretion, fix deadlines for the submission of the Response or any further preliminary materials, unless such deadlines are already established in the PCIA-CEM Rules.

1.6 Where multiple claims are brought under more than one arbitration agreement, the Claimant may include them in a single Request. The Registrar may, after consulting with the parties, decide whether such claims may proceed together in a single arbitration or must be addressed separately. The Registrar may also determine whether any additional registration fees apply based on the nature and volume of the consolidated claims.

Article 2: Response to the Request

2.1 Within 30 days from the date on which the Registrar notifies the Respondent of the Request, each Respondent shall deliver a written Response to the Registrar. The Response must include:

  • (i) The Respondent’s full name, nationality, and current contact details, including those of any authorized legal representatives;
  • (ii) Any comments regarding the existence, scope, or validity of the arbitration agreement invoked by the Claimant, including any objection to jurisdiction or arbitrability;
  • (iii) A concise summary of the Respondent’s position on the issues raised in the Request, including any factual background or legal arguments the Respondent wishes to present at this stage;
  • (iv) A statement identifying any procedural terms agreed by the parties, or the Respondent’s proposals regarding the arbitral seat, language, number of arbitrators, and any required qualifications for the arbitral tribunal;
  • (v) If applicable, the name and contact information of any arbitrator nominated by the Respondent in accordance with the arbitration agreement or governing instrument;
  • (vi) Where appropriate, confirmation of payment of any required registration or administrative fees by the Respondent, as may be determined by the PCIA-CEM.

2.2 If the Respondent submits a counterclaim or asserts any independent claim for relief, the Response shall contain:

  • (i) A clear and concise statement of the counterclaim or other claim;
  • (ii) The legal or contractual basis for the counterclaim;
  • (iii) An estimate of the monetary value or other scope of the counterclaim;
  • (iv) Any proposals from the Respondent regarding the procedure applicable to the counterclaim, including its consolidation with the principal claim.

2.3 Failure by the Respondent to submit a Response within the required timeframe shall not prevent the arbitration from proceeding. In such a case, the tribunal may continue with the appointment process and may issue an award based on the materials available.

2.4 The Registrar may, upon a reasoned request by the Respondent, extend the time period for submitting the Response if justified by circumstances and provided that such extension does not unduly delay the proceedings.

2.5 The Respondent may, within the same 30-day period, object to the jurisdiction of the PCIA-CEM or raise procedural concerns. Such objections shall not prevent the constitution of the tribunal, unless otherwise decided by the Registrar, and shall be determined by the tribunal once formed.

2.6 The Registrar shall promptly transmit the Response and all supporting documentation to the Claimant and any other party to the arbitration.

Article 3: PCIA-CEM Court and Registrar

3.1 The administrative and supervisory responsibilities under these Rules shall be carried out by the Paris Court of International Arbitration (the “PCIA-CEM Court”) and its Registrar (the “Registrar”), acting under the authority of the PCIA-CEM.

3.2 The PCIA-CEM Court is empowered to oversee matters involving the interpretation and application of these Rules, including the appointment, confirmation, challenge, replacement, and removal of arbitrators, unless otherwise stipulated herein. All decisions of the PCIA-CEM Court shall be final and binding and are not subject to appeal or review.

3.3 The Registrar shall manage the daily administration of arbitral proceedings, acting under the authority delegated by the PCIA-CEM Court. The Registrar’s functions include, but are not limited to:

  • (i) Receiving and transmitting submissions and communications between the parties and the tribunal;
  • (ii) Maintaining the official record of the arbitration;
  • (iii) Managing procedural timelines as authorized under these Rules;
  • (iv) Handling payments and financial arrangements in accordance with the PCIA-CEM’s Schedule of Costs;
  • (v) Providing institutional support to the tribunal and the parties throughout the proceedings.

3.4 The PCIA-CEM Court may delegate certain of its functions to a committee composed of its members or to the Registrar, as appropriate. Any such delegation shall not diminish the authority of the PCIA-CEM Court to intervene or assume direct control over a matter when necessary.

3.5 Unless otherwise specified, all communications to the PCIA-CEM Court or the Registrar shall be sent to registrar@pariscourt.org or to the official contact details published by the PCIA-CEM.

3.6 The PCIA-CEM Court and the Registrar shall maintain confidentiality in all matters pertaining to the arbitration, subject to applicable legal obligations or disclosure requirements agreed by the parties or ordered by the tribunal.

3.7 The PCIA-CEM Court and the Registrar shall not be liable to any party for any act or omission in connection with an arbitration administered under these Rules, except to the extent such limitation of liability is prohibited by applicable law.

Article 4: Written Communications and Time Periods

4.1 Unless the parties have agreed otherwise, or the arbitral tribunal or the PCIA-CEM directs a different method, all written communications in connection with the arbitration shall be delivered electronically, typically by email.

4.2 Any communication shall be considered properly delivered when it has been sent to the email address, or other contact details, most recently provided by the intended recipient or recorded for that party with the Registrar.

4.3 Delivery shall be deemed effective on the date of transmission, provided no electronic delivery failure notice is received by the sender.

4.4 All time limits stated in these Rules shall begin on the day following the date when the relevant document or communication is deemed to have been delivered, unless otherwise specified by the tribunal or the PCIA-CEM.

4.5 If the last day of any time period falls on a non-business day at the location of the recipient, the deadline shall automatically extend to the next business day.

4.6 The Registrar or the arbitral tribunal, as applicable, may shorten or extend any procedural time limits set under these Rules, either upon a party’s reasoned request or on its own initiative, where appropriate in the interest of fairness or efficiency.

4.6 For the purpose of calculating a period of time, such period shall commence on the day following the day when a written communication is received by the addressee. If the final day of such period falls on an official holiday or non-business day at the addressee’s location (or the location of the party against whom the time calculation applies), the period shall be extended until the first business day immediately succeeding that final day. Official holidays and non-business days occurring during the running of the period shall be included in the calculation.

4.7 Each party shall inform the Registrar, the Arbitral Tribunal, and all other parties as soon as reasonably practicable of any changes to its full name and contact details (including email address, postal address, and telephone number) or to those of its authorized representatives.

Article 5: Formation of Arbitral Tribunal

5.1 The constitution of the arbitral tribunal shall proceed promptly following the receipt of the Response, or after the expiry of the time period for submitting a Response, as determined by the Registrar.

5.2 Where the parties have not agreed otherwise, a sole arbitrator shall be appointed. However, if the parties have agreed to a three-member tribunal, or if the PCIA-CEM deems it appropriate due to the complexity or value of the dispute, a tribunal of three arbitrators shall be appointed in accordance with this Article.

5.3 In proceedings with a sole arbitrator:

  • (i) The parties shall jointly nominate the arbitrator within 15 days of receiving an invitation to do so from the Registrar;
  • (ii) If the parties fail to make a joint nomination within the prescribed period, the PCIA-CEM shall proceed to appoint the arbitrator without further consultation.

5.4 In proceedings involving three arbitrators:

  • (i) Each party shall nominate one arbitrator within 15 days of being invited to do so by the Registrar;
  • (ii) The two party-nominated arbitrators shall, within 15 days of their confirmation, jointly nominate the third arbitrator, who shall serve as the presiding arbitrator;
  • (iii) If either party fails to nominate an arbitrator in time, or if the two nominated arbitrators cannot agree on the presiding arbitrator within the time allowed, the PCIA-CEM shall make the necessary appointment(s).

5.5 In multi-party proceedings (whether multiple claimants, respondents, or otherwise), the PCIA-CEM may, after consulting the parties and considering the circumstances, determine the procedure for forming the tribunal. This may include direct appointment of some or all arbitrators to ensure procedural balance and efficiency.

5.6 Any arbitrator nominated by a party or the co-arbitrators shall be subject to confirmation by the PCIA-CEM, which shall assess the candidate’s independence, impartiality, and availability.

5.7 If an arbitrator’s nomination is not confirmed, the PCIA-CEM shall invite the nominating party to make a new nomination within a time period it prescribes. If the party fails to do so, or if the substitute nominee is also not confirmed, the PCIA-CEM shall appoint the arbitrator directly.

5.8  The PCIA-CEM Court shall appoint arbitrators in a manner consistent with the procedure which has been agreed to by and among the parties. Furthermore, the PCIA-CEM Court shall take into consideration certain factors when making its determination, including but not limited to: the nature of the dispute, the geographic region, monetary value, and the language which the parties have agreed to use in an arbitration.  The President of the PCIA-CEM Court may appoint himself as: (i) a sole arbitrator, (ii) the Chairman of a three-member Arbitral Tribunal, or (iii) as an Emergency Arbitrator.  

Article 6: Nationality of Arbitrators and Parties

6.1 In any arbitration governed by these Rules, an individual shall be considered to hold the nationality of the country identified in their official travel document or other legally recognized documentation, unless proven otherwise.

6.2 Where the arbitration involves a sole arbitrator or a presiding arbitrator of a three-member tribunal, such individual shall not share the nationality of any party involved in the arbitration, unless all parties agree in writing to waive this requirement.

6.3 In determining nationality for the purposes of this Article, the PCIA-CEM shall consider dual or multiple nationalities and may exercise discretion to determine which nationality is relevant in assessing potential conflicts or diversity of tribunal composition.

6.4 The PCIA-CEM shall retain the authority to decide any question regarding the nationality of a party or arbitrator, including whether such nationality creates an actual or perceived conflict of interest in the context of the arbitration.

Article 7: Party and Other Nominations

7.1 When the parties are entitled under the arbitration agreement or these Rules to nominate one or more arbitrators, such nominations must be submitted in writing to the Registrar and to the other parties within the period prescribed by the Registrar.

7.2 Each nomination shall include the full name, nationality, and contact details of the proposed arbitrator, along with a brief statement confirming the nominee’s acceptance of the appointment, availability to serve, and independence from the parties.

7.3 If a party fails to nominate an arbitrator within the time allowed, or if the nominated arbitrator declines or is unable to act, the PCIA-CEM shall make the appointment in place of the defaulting party.

7.4 In multi-party arbitrations where more than one party shares the same interest, such parties shall jointly nominate an arbitrator, unless otherwise agreed. If they fail to do so within the time set by the Registrar, the PCIA-CEM shall appoint the arbitrator on their behalf.

7.5 Where the arbitration agreement allows the co-arbitrators to nominate a third or presiding arbitrator, they must do so within the time limit set by the Registrar. If they are unable or fail to agree on a nomination, the PCIA-CEM shall make the appointment.

7.6 The PCIA-CEM may decline to confirm any party-nominated arbitrator if, in its view, the individual does not meet the requirements of impartiality, independence, or availability, or if the nomination does not comply with the applicable Rules or procedures.

Article 8: Three or More Parties

8.1 Where an arbitration involves more than two parties—whether as claimants, respondents, or additional parties joined pursuant to the arbitration agreement—these Rules shall apply with necessary modifications to accommodate the multi-party context.

8.2 If the dispute is to be resolved by a panel of three arbitrators, and the parties aligned as claimants or as respondents are required to jointly nominate an arbitrator, they shall do so within the timeframe set by the Registrar. Failure to make a joint nomination shall result in the PCIA-CEM appointing the arbitrator on their behalf.

8.3 In the event that the multiple parties fail to agree on the manner of nominating arbitrators, or where the nomination process proves unworkable, the PCIA-CEM shall take such steps as it deems appropriate to ensure the proper constitution of the tribunal. This may include appointing all three arbitrators, notwithstanding any party’s failure or refusal to participate in the process.

8.4 Where an additional party is joined to the proceedings, the PCIA-CEM may, after consulting all parties and the tribunal (if constituted), adjust the method of tribunal formation or make new appointments if necessary to preserve the integrity and fairness of the arbitral process.

8.5 The PCIA-CEM shall have the discretion to determine procedural arrangements in any multi-party arbitration in order to ensure equality of treatment, efficiency of proceedings, and preservation of each party’s right to be heard.

Article 9A: Expedited Formation of Arbitral Tribunal

9A.1 In situations of urgency, a party may submit a written request to the Registrar for the rapid constitution of the arbitral tribunal. The request must explain the nature of the urgency and the reasons why an accelerated process is necessary.

9A.2 Upon receiving such a request, the Registrar shall immediately notify the other party or parties and invite comments within a time period it deems appropriate, typically not exceeding 5 days.

9A.3 After considering the request and any responses received, the PCIA-CEM shall decide whether expedited formation is warranted. If so, it may shorten or bypass certain procedural steps, including:

  • (i) Reducing or waiving time limits for party nominations;
  • (ii) Proceeding with direct appointment of the entire tribunal or any unappointed arbitrator;
  • (iii) Overriding any agreed method of appointment if it would result in delay incompatible with the urgency presented.

9A.4 A decision by the PCIA-CEM to grant or deny expedited formation is final and not subject to challenge.

9A.5 Any tribunal formed under this expedited process shall, once constituted, have the same powers and obligations as a tribunal appointed under the standard provisions of these Rules.

Article 9B: Emergency Arbitrator

9B.1 Prior to the formal constitution of the arbitral tribunal, any party requiring urgent interim or conservatory relief may submit a written application to the Registrar requesting the appointment of an emergency arbitrator.

9B.2 The application must include:

  • (i) A description of the relief sought;
  • (ii) The grounds for the request and an explanation of the urgency;
  • (iii) Copies of the relevant arbitration agreement and any supporting documents;
  • (iv) Proof of payment of the applicable emergency arbitrator fee as set out in the PCIA-CEM Schedule of Costs.

9B.3 Upon receipt of a complete application, the PCIA-CEM shall, if satisfied that the request is justified, appoint an emergency arbitrator within as short a time as practicable, normally within 48 hours.

9B.4 The emergency arbitrator shall establish a procedure for considering the application, which may include written submissions, document production, and if necessary, a hearing conducted by any means deemed appropriate.

9B.5 The emergency arbitrator shall issue a decision or order within 14 days of appointment, unless extended by the PCIA-CEM in exceptional circumstances.

9B.6 The emergency arbitrator’s authority shall end upon the constitution of the arbitral tribunal. Thereafter, the tribunal may affirm, modify, suspend, or terminate any order issued by the emergency arbitrator.

9B.7 Any decision rendered by the emergency arbitrator shall be binding on the parties and may be enforced in the same manner as an interim measure granted by the tribunal, subject to applicable law.

9B.8 The emergency arbitrator shall not serve as a member of the arbitral tribunal unless the parties expressly agree otherwise.

9B.9 The availability of an emergency arbitrator under this Article does not limit a party’s right to seek interim measures from a competent court or other judicial authority.

Article 9C: Expedited Appointment of Replacement Arbitrator

9C.1 In the event that an arbitrator withdraws, is removed, becomes incapacitated, or is otherwise unable to perform their duties, any party may request that the replacement process be accelerated due to exceptional circumstances.

9C.2 The request shall be submitted in writing to the Registrar, providing:

  • (i) The reasons for the replacement;
  • (ii) The basis for requesting an expedited process;
  • (iii) Any relevant documentation supporting the request.

9C.3 Upon receipt of such request, the Registrar shall notify the other party or parties and may invite comments within a time period it deems appropriate, typically not exceeding 5 days.

9C.4 If the PCIA-CEM determines that expedited appointment is warranted, it may:

  • (i) Shorten the period for nominating a replacement arbitrator;
  • (ii) Proceed with the appointment directly, without further consultation;
  • (iii) Depart from the agreed method of appointment if doing so is necessary to avoid undue delay.

9C.5 The PCIA-CEM’s decision to expedite or not expedite the replacement process is final and not subject to appeal.

9C.6 A replacement arbitrator appointed under this Article shall have the same powers and obligations as the original arbitrator and shall continue the proceedings without the need to repeat prior procedural steps, unless the tribunal decides otherwise.

Article 10: Revocation and Challenges

10.1 A party may challenge the appointment or continued service of any arbitrator if there are justifiable doubts as to that arbitrator’s impartiality, independence, or fitness to serve. A party may also seek revocation where the arbitrator is unable or unwilling to perform their functions in a timely or competent manner.

10.2 A challenge must be submitted in writing to the Registrar within 15 days from the date the challenging party becomes aware of the relevant facts or circumstances giving rise to the objection. The challenge must state the reasons and be supported by any relevant evidence.

10.3 Upon receiving a challenge, the Registrar shall notify all parties and the arbitrator concerned. The challenged arbitrator may submit a written response within a time period set by the Registrar, normally no more than 5 days.

10.4 If the challenged arbitrator chooses not to resign and the parties do not agree to the challenge, the decision on the challenge shall be made by the PCIA-CEM. The challenged arbitrator shall continue to serve unless and until the PCIA-CEM rules otherwise.

10.5 The PCIA-CEM may, on its own initiative and after providing the parties and the arbitrator with an opportunity to comment, revoke an arbitrator’s appointment if it determines that:

  • (i) The arbitrator is no longer able to fulfill their duties effectively;
  • (ii) There is a loss of confidence in the arbitrator’s impartiality or independence;
  • (iii) The arbitrator has failed to comply with obligations under these Rules or applicable law.

10.6 Any arbitrator whose appointment is revoked shall be replaced in accordance with the procedure applicable to the original appointment, unless the PCIA-CEM determines that an alternative method is more appropriate under the circumstances.

Article 11: Nomination and Replacement

11.1 Where it becomes necessary to appoint a new arbitrator—whether due to resignation, removal, death, or other inability to act—the replacement shall be selected using the same method that applied to the original appointment, unless otherwise determined by the PCIA-CEM.

11.2 If the original arbitrator was nominated by a party, that party shall be invited to propose a replacement within a time period set by the Registrar. If the party fails to nominate a substitute arbitrator within that timeframe, the PCIA-CEM shall proceed with the appointment directly.

11.3 If the original arbitrator was appointed jointly by the parties or by other arbitrators, the same parties or arbitrators shall be invited to nominate a replacement. If they are unable or fail to do so within the time allowed, the PCIA-CEM shall make the appointment.

11.4 When the tribunal was composed of three arbitrators and a replacement is appointed, the reconstituted tribunal shall decide whether any part of the proceedings should be repeated in the interest of fairness. The tribunal shall consult the parties before making such a determination, but it retains full discretion in this regard.

11.5 The replacement arbitrator shall have the same powers, responsibilities, and authority as the original arbitrator, including participation in any pending procedural decisions or awards, unless the tribunal decides otherwise.

Article 12: Majority Power to Continue Deliberations

12.1 If, following the close of proceedings but prior to the issuance of a final award, one member of a three-person arbitral tribunal is unable to continue due to death, incapacity, resignation, or removal, the remaining two arbitrators may, with the consent of the PCIA-CEM, continue the deliberations and render any resulting award.

12.2 The decision of the remaining two arbitrators shall be valid and binding, provided that both arbitrators agree on the outcome.

12.3 Before granting such authorization, the PCIA-CEM shall consult with the parties and take into account the stage of the proceedings, the time already spent in deliberation, and the interests of fairness and efficiency.

12.4 If the PCIA-CEM determines that continued deliberation by a reduced tribunal would prejudice the integrity or legitimacy of the proceedings, it may instead decide that a replacement arbitrator be appointed in accordance with Article 11.

Article 13: Communications between Parties and Arbitral Tribunal

13.1 Once the arbitral tribunal has been constituted, any communication between a party and the tribunal shall include all other parties and, unless otherwise directed, the Registrar.

13.2 No party or party representative shall communicate with any member of the arbitral tribunal on any matter relating to the arbitration without copying the other parties, unless such communication concerns purely logistical or administrative issues that do not address substantive or procedural matters.

13.3 Any correspondence relating to procedural matters—such as scheduling, submissions, or hearings—must be conducted in a transparent manner, with all parties receiving copies simultaneously.

13.4 Where necessary, the tribunal may direct that all communications be made through the Registrar, particularly in the interest of maintaining neutrality or procedural integrity.

13.5 Ex parte communications on substantive issues between any party and a tribunal member are strictly prohibited and may constitute grounds for challenge or removal of the arbitrator involved.

Article 14: Conduct of Proceedings

14.1 The arbitral tribunal shall conduct the proceedings in the manner it considers appropriate, provided that each party is treated equally and given a reasonable opportunity to present its case.

14.2 The tribunal is authorized to adopt procedural measures that it deems efficient and fair, including the use of written submissions, hearings, document exchange, or any combination of these.

14.3 Subject to these Rules and the terms of the arbitration agreement, the tribunal may determine:

  • (i) The timetable for submissions and hearings;
  • (ii) The admissibility, relevance, and weight of evidence;
  • (iii) The order in which issues are addressed.

14.4 The tribunal may consult with the parties on procedural matters but is not bound to follow their proposals or joint preferences unless required by the arbitration agreement.

14.5 Unless otherwise agreed by the parties, the tribunal has discretion to decide whether hearings shall be held in person, virtually, or through a hybrid format, taking into account the interests of efficiency and fairness.

14.6 The tribunal may limit the extent of written or oral testimony if it considers that the evidence is excessive, repetitive, or irrelevant.

14.7 In all cases, the tribunal shall ensure that the proceedings are conducted in a manner that upholds procedural integrity and safeguards the enforceability of any resulting award.

Article 14: Tribunal Secretary

14.1 At the request of the arbitral tribunal, the PCIA-CEM may appoint a secretary to assist with the administrative and procedural aspects of the arbitration, provided all parties are given advance notice and the opportunity to raise objections.

14.2 The tribunal secretary shall act under the direction and supervision of the tribunal and may assist with case management, document handling, logistics, and procedural coordination. The secretary shall not undertake any decision-making function or perform tasks reserved to the tribunal itself.

14.3 Before being appointed, the proposed secretary shall submit a declaration of impartiality, independence, and availability, disclosing any circumstances that could give rise to doubts about their neutrality.

14.4 The parties may object to the appointment of the tribunal secretary on the basis of conflict, lack of neutrality, or other reasonable grounds. The PCIA-CEM shall resolve any such objection and its decision shall be final.

14.5 The fees and expenses of the tribunal secretary, if any, shall be treated as part of the costs of the arbitration and allocated as determined by the tribunal in its award or by the PCIA-CEM.

14.6 The tribunal remains fully responsible for the conduct of the arbitration and may not delegate any substantive adjudicative responsibilities to the secretary.

Article 15: Written Stage of the Arbitration

15.1 Unless otherwise agreed by the parties or directed by the tribunal, the arbitration shall proceed initially in writing.

15.2 The claimant shall file a Statement of Claim, setting out the facts and legal arguments on which it relies, along with any documents or other evidence it intends to produce in support of its case.

15.3 Within the period fixed by the tribunal or the Registrar, the respondent shall submit a Statement of Defence, which may include counterclaims or jurisdictional objections, accompanied by supporting evidence and legal arguments.

15.4 If the respondent files a counterclaim, the claimant shall be entitled to respond within a period determined by the tribunal.

15.5 The tribunal may allow or request additional written submissions, including replies and rejoinders, where it considers such submissions helpful to the resolution of the dispute.

15.6 All written submissions shall be accompanied by copies of any supporting documents and a list of exhibits. If a party intends to rely on witness or expert evidence, it shall include signed written statements from those individuals, unless the tribunal decides otherwise.

15.7 The tribunal may, at any stage, limit or refuse the filing of further written submissions if it considers the record to be sufficient or if additional material would unnecessarily delay the proceedings.

Article 16: Seat of Arbitration, Place(s) of Hearing, and Applicable Law

16.1 The seat of the arbitration shall be the legal place of the proceedings. Unless the parties have agreed otherwise, the seat shall be determined by the PCIA-CEM, taking into account the circumstances of the case and the convenience of the parties.

16.2 Notwithstanding the designated seat, the tribunal may conduct hearings, meetings, or deliberations at any location it considers appropriate, whether in person, by videoconference, or through other suitable means.

16.3 Procedural matters—such as where the hearings are physically or virtually held—shall not affect the legal seat of the arbitration, which shall govern the procedural law of the arbitration unless otherwise agreed by the parties.

16.4 In the absence of agreement between the parties, the tribunal shall determine the governing law or rules of law applicable to the substance of the dispute, taking into account the relevant contract, the conduct of the parties, and any other circumstances it deems appropriate.

16.5 The tribunal may also take into consideration relevant trade usages, international conventions, or general principles of law if it considers them necessary for resolving the dispute.

Article 17: Language(s) of Arbitration

17.1 Unless the parties have agreed otherwise, the arbitral tribunal shall determine the language or languages to be used in the proceedings, considering the nature of the dispute, the language of the contract, and the convenience of the parties.

17.2 Once established, the designated language(s) shall apply to all written submissions, oral arguments, procedural orders, and awards, unless the tribunal directs otherwise or the parties agree to permit the use of additional languages.

17.3 The tribunal may order that any documentary evidence submitted in a language other than the designated arbitration language(s) be accompanied by a translation, in whole or in part, as it deems necessary.

17.4 The cost of any required translations shall be borne by the party submitting the document, unless the tribunal decides otherwise.

17.5 The tribunal may permit the use of interpreters during hearings where parties, witnesses, or experts require language assistance. The cost of such interpretation shall be allocated as directed by the tribunal or agreed by the parties.

Article 18: Authorized Representatives of a Party

18.1 A party may participate in the arbitration through one or more duly authorized representatives, whether or not legally qualified, subject to the requirements of these Rules and the tribunal’s discretion.

18.2 Each party shall promptly provide written notice to the tribunal, the Registrar, and the other party or parties identifying its appointed representatives, along with their contact details.

18.3 The arbitral tribunal may at any stage require a party to produce proof of authority confirming that its representative is duly empowered to act on its behalf in the proceedings.

18.4 A party may change or add representatives during the arbitration, provided that timely written notice is given to the tribunal, the Registrar, and the other parties. The tribunal may impose conditions or time adjustments if the change could disrupt the proceedings or result in unfairness.

18.5 All communications from or on behalf of a party may be made through its appointed representative(s), and such communications shall be deemed valid and binding on the party.

18.6 The tribunal shall have the authority to take appropriate steps to preserve the fairness and efficiency of the proceedings in the event that conduct by a party’s representative gives rise to concern or disrupts the arbitration.

Article 19: Hearing(s)

19.1 The arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or legal arguments, or whether the arbitration may proceed solely on the basis of written submissions. Unless the parties have agreed otherwise, the tribunal may make this determination after consulting with the parties.

19.2 At the request of any party, the tribunal shall hold at least one oral hearing, unless it determines that such a hearing is unnecessary or would cause unreasonable delay or expense.

19.3 The tribunal shall fix the date, time, format (in-person, virtual, or hybrid), and location of any hearing, after consulting with the parties where practicable.

19.4 Hearings may be conducted in any manner the tribunal considers appropriate, including the use of secure virtual platforms, so long as the parties are treated fairly and equally and are given a reasonable opportunity to be heard.

19.5 The tribunal shall determine the order and manner of presenting arguments, witnesses, and evidence. It may limit oral testimony or submissions where appropriate to avoid redundancy or delay.

19.6 All hearings shall be private unless the parties agree otherwise or applicable law requires them to be public.

19.7 The tribunal may record or transcribe hearings, or permit the parties to do so, subject to any conditions it deems necessary to maintain the integrity of the proceedings.

Article 20: Witnesses

20.1 Each party may present witnesses of fact or expert witnesses to support its case, subject to the tribunal’s power to limit or exclude such evidence where appropriate.

20.2 The testimony of each witness shall be provided in the form of a written statement, signed by the witness, unless the tribunal directs otherwise.

20.3 The tribunal may require any witness to appear for oral examination at a hearing, whether or not that witness’s testimony has been submitted in writing.

20.4 If a witness whose testimony has been submitted in writing fails to appear for questioning at a hearing without good cause, the tribunal may disregard part or all of that witness’s evidence, unless the parties agree otherwise.

20.5 The tribunal may order that witnesses be examined separately or concurrently and may determine the sequence of their examination. It may also limit or exclude questions it considers irrelevant, repetitive, or improper.

20.6 Unless the tribunal directs otherwise, fact and expert witnesses shall testify in the presence of all parties and be subject to questioning by the tribunal and the opposing party or parties.

20.7 The tribunal may allow remote testimony by video or other secure means if doing so is consistent with procedural fairness and efficiency.

Article 21: Expert to Arbitral Tribunal

21.1 The arbitral tribunal may, after consulting the parties, appoint one or more independent experts to report on specific issues identified by the tribunal as requiring specialized knowledge.

21.2 Before confirming an appointment, the tribunal shall provide the parties with the expert’s name, qualifications, and proposed terms of reference. The parties shall have an opportunity to object or comment within a time period set by the tribunal.

21.3 Each expert shall submit a signed declaration confirming their impartiality, independence, and availability, and disclosing any potential conflicts of interest.

21.4 The expert’s written report shall be provided to all parties, who shall have an opportunity to submit comments or objections in writing within a time limit fixed by the tribunal.

21.5 At the request of any party, the tribunal shall permit the expert to be questioned at a hearing. The parties may present their own experts to respond to or comment on the tribunal-appointed expert’s findings.

21.6 The tribunal shall retain full discretion to determine the weight and relevance of any expert evidence, including reports submitted by party-appointed or tribunal-appointed experts.

21.7 The fees and expenses of any expert appointed by the tribunal shall be treated as part of the costs of the arbitration and may be allocated in the final award as the tribunal sees fit.

Article 22: Additional Powers

22.1 In addition to the powers expressly conferred by these Rules or agreed by the parties, the arbitral tribunal shall have the authority to take all procedural and interim measures it considers necessary to ensure the fair, efficient, and effective conduct of the arbitration.

22.2 The tribunal’s powers shall include, but are not limited to, the ability to:

  • (i) Rule on its own jurisdiction, including any objections with respect to the existence, validity, or scope of the arbitration agreement;
  • (ii) Determine the admissibility, materiality, and weight of any evidence;
  • (iii) Issue orders to preserve evidence or property;
  • (iv) Grant interim or conservatory measures, including security for costs, as it deems appropriate;
  • (v) Decide whether to bifurcate proceedings or address issues in stages;
  • (vi) Draw adverse inferences from the failure of a party to comply with any order, produce evidence, or attend a hearing;
  • (vii) Sanction procedural misconduct or frivolous claims by allocating costs accordingly.

22.3 The tribunal may take into account any applicable rules of law, trade usage, or general principles it considers relevant, subject to any contrary agreement of the parties.

22.4 All procedural decisions of the tribunal shall be binding on the parties unless modified by the tribunal itself or set aside by a competent court.

Article 22A: Power to Order Consolidation/Concurrent Conduct of Arbitrations

22A.1 At the request of a party, and after giving all parties a reasonable opportunity to comment, the PCIA-CEM may order the consolidation of two or more arbitrations commenced under these Rules, provided that:

  • (i) All parties have agreed to consolidation; or
  • (ii) The claims arise under the same arbitration agreement or compatible arbitration agreements, and the PCIA-CEM considers the consolidation to be in the interests of fairness and procedural efficiency.

22A.2 In deciding whether to grant consolidation, the PCIA-CEM may take into account:

  • (i) The identity and number of parties;
  • (ii) The nature of the legal relationships involved;
  • (iii) The stage of each proceeding;
  • (iv) Any risk of conflicting decisions;
  • (v) The potential for cost and time savings.

22A.3 When arbitrations are consolidated, the PCIA-CEM may:

  • (i) Revoke the appointment of any previously appointed arbitrators;
  • (ii) Appoint a new tribunal to hear the consolidated case;
  • (iii) Confirm some or all existing arbitrators if the parties so agree or if appropriate.

22A.4 Even where arbitrations are not formally consolidated, the tribunal may, after consulting the parties, direct that related proceedings be conducted concurrently or in coordination—such as through joint hearings or shared evidence—if this promotes efficiency and consistency.

22A.5 Any decision by the PCIA-CEM to consolidate proceedings or to direct concurrent conduct shall be final and binding on the parties.

Article 23: Jurisdiction and Authority

23.1 The arbitral tribunal shall have the power to determine its own jurisdiction, including any objections raised regarding the existence, validity, scope, or applicability of the arbitration agreement.

23.2 A plea that the tribunal lacks jurisdiction must be raised no later than the respondent’s submission of its Statement of Defence. A party is not precluded from raising such a plea by having nominated or participated in the appointment of an arbitrator.

23.3 A party claiming that the tribunal has exceeded its authority must raise the objection as soon as the issue alleged to be outside the tribunal’s authority is introduced in the proceedings.

23.4 The tribunal may rule on a jurisdictional objection either as a preliminary matter or in its final award. If the tribunal decides to rule on jurisdiction as a preliminary issue, it shall do so promptly.

23.5 The tribunal's determination on its own jurisdiction shall be final and binding, subject only to review by a competent judicial authority, if permitted under applicable law.

23.6 Where appropriate, the tribunal may proceed with the arbitration notwithstanding a pending challenge to its jurisdiction before a court, unless such continuation would be contrary to law or an order of the court.

Article 24: Advance Payment for Costs

24.1 Upon the commencement of the arbitration, the Registrar shall request the parties to deposit equal advance payments toward the estimated costs of the arbitration, including the tribunal’s fees and expenses, administrative charges, and any other anticipated expenditures.

24.2 The Registrar may adjust the amount of the advance payment at any stage of the proceedings if it considers that the original estimate is no longer adequate.

24.3 If a party fails to make its share of the required deposit within the prescribed time, the Registrar may invite the other party or parties to make the outstanding payment on its behalf.

24.4 If the required deposits are not received in full, the Registrar may suspend the proceedings or instruct the tribunal to do so. The PCIA-CEM may also terminate the proceedings if payment is not made within a reasonable period.

24.5 The tribunal shall not be required to proceed with any phase of the arbitration unless the necessary advance payments have been received in full, unless the PCIA-CEM directs otherwise.

24.6 Following the conclusion of the arbitration, the Registrar shall provide the parties with a final statement of costs. Any unused portion of the advance shall be refunded, and any outstanding balance shall be payable immediately.

Article 24A: Compliance

24A.1 All parties, their representatives, and any arbitrators appointed under these Rules are required to comply with:

  • (i) These Rules as interpreted and applied by the arbitral tribunal or the PCIA-CEM;
  • (ii) Any orders, directions, or decisions issued by the tribunal or the PCIA-CEM in the course of the proceedings;
  • (iii) Any timelines established under the Rules or set by the tribunal, unless formally extended.

24A.2 Failure by a party to comply with its obligations may result in such procedural consequences as the tribunal considers appropriate, including:

  • (i) Drawing adverse inferences;
  • (ii) Imposing procedural sanctions;
  • (iii) Proceeding in the absence of the non-compliant party;
  • (iv) Allocating costs against the non-compliant party.

24A.3 Arbitrators and any tribunal-appointed experts or secretaries shall comply with their duties of impartiality, independence, confidentiality, and diligence throughout the proceedings.

24A.4 The tribunal may report to the PCIA-CEM any serious or repeated non-compliance by a party, representative, or participant, which may result in further administrative measures by the PCIA-CEM.

Article 25: Interim and Conservatory Measures

25.1 At the request of any party, the arbitral tribunal may grant interim or conservatory measures it deems necessary to preserve the status quo, prevent harm, secure assets, or otherwise safeguard the fairness and effectiveness of the proceedings.

25.2 Such measures may include, but are not limited to:

  • (i) Orders to maintain or restore a particular condition pending resolution of the dispute;
  • (ii) Measures to prevent the dissipation of assets;
  • (iii) Preservation of evidence;
  • (iv) Security for costs;
  • (v) Restrictions on certain actions by a party.

25.3 A request for interim relief shall be made in writing, supported by a statement of the grounds for the request and, where appropriate, accompanied by relevant evidence.

25.4 The tribunal may grant interim measures on a provisional basis and may require any party requesting relief to provide appropriate security for potential costs or damages arising from the enforcement of such measures.

25.5 Interim measures may be granted in the form of an order or an award, at the tribunal’s discretion. The tribunal may modify, suspend, or revoke any interim measure if circumstances change.

25.6 The granting of an interim measure by the tribunal does not affect a party’s right to seek similar or additional relief from a competent court or judicial authority. Any application to a court shall be promptly disclosed to the tribunal and the other parties.

Article 26: Award(s)

26.1 The arbitral tribunal may issue one or more awards, including interim, partial, or final awards, as it deems necessary for the resolution of the dispute.

26.2 Unless the parties agree otherwise, or the tribunal determines that a shorter time frame is required, the final award shall be rendered no later than six months after the close of proceedings, as declared by the tribunal.

26.3 All awards shall be made in writing and shall state the reasons upon which they are based, unless the parties have agreed that no reasons are required.

26.4 The award shall be dated and shall state the seat of the arbitration. It shall be signed by all members of the tribunal, or by a majority if one member refuses or is unable to sign, with an explanation provided.

26.5 The tribunal may correct clerical, typographical, or computational errors in the award on its own initiative or at the request of a party, provided such request is made within 30 days of receipt of the award.

26.6 The award shall be binding on the parties from the date it is issued. By agreeing to arbitration under these Rules, the parties undertake to carry out the award without delay.

26.7 The tribunal may allocate costs and interest in the award, and may make additional awards if necessary to address claims not resolved in a prior award.

26.8 Copies of the award shall be communicated to the parties by the Registrar, provided that all fees and costs have been paid in full.

Article 27: Correction of Award(s) and Additional Award(s)

27.1 Within 30 days after receiving an award, any party may submit a written request to the tribunal, through the Registrar, seeking the correction of:

  • (i) Clerical, typographical, or computational errors;
  • (ii) Any similar minor mistakes in the award.

27.2 If the tribunal considers the request justified, it shall make the necessary correction within 30 days of receipt of the request. The tribunal may also correct such errors on its own initiative within the same time period.

27.3 A corrected award shall take the form of either a revised award or an addendum, and shall form part of the original award for all legal purposes.

27.4 A party may, within 30 days of receiving the award, request the tribunal to issue an additional award on any claim or issue submitted to arbitration but not addressed in the award. The request must specify the alleged omission in detail.

27.5 If the tribunal finds the request for an additional award to be well-founded, it shall issue the additional award within 60 days of the request, unless an extension is granted by the PCIA-CEM.

27.6 The provisions of these Rules that apply to the form and effect of awards shall apply equally to any correction or additional award.

Article 28: Arbitration Costs and Legal Costs

28.1 Unless otherwise agreed by the parties, the arbitral tribunal shall have the authority to fix and allocate the costs of the arbitration in its final award, or in any interim or partial award.

28.2 The term “arbitration costs” shall include:

  • (i) The fees and expenses of the arbitral tribunal;
  • (ii) The fees and expenses of any tribunal-appointed experts or secretaries;
  • (iii) The administrative fees and charges of the PCIA-CEM;
  • (iv) Any other expenses incurred in the conduct of the arbitration, including hearing room rentals, translations, and transcription services.

28.3 The tribunal may also, at its discretion, award reasonable legal and other costs incurred by the parties in connection with the arbitration, including the costs of legal representation and assistance.

28.4 In allocating costs, the tribunal may take into account all relevant circumstances, including:

  • (i) The outcome of the arbitration;
  • (ii) The relative success of each party on individual claims or issues;
  • (iii) The conduct of the parties during the proceedings, including cooperation, efficiency, and any dilatory or abusive tactics;
  • (iv) Whether any claim or defence was frivolous or manifestly without merit.

28.5 The tribunal may order that one party bear all costs, or that the costs be divided among the parties in any proportion it considers just.

28.6 The PCIA-CEM may provide a provisional estimate of arbitration costs at the outset of proceedings, and may revise that estimate as the case progresses. The final costs shall be determined upon conclusion of the case.

Article 29: Determinations and Decisions by PCIA-CEM Court

29.1 Where these Rules confer authority on the PCIA-CEM Court to make any decision, determination, or appointment—including, without limitation, the appointment or replacement of arbitrators, consolidation of proceedings, or resolution of challenges to arbitrators—such decisions shall be final and binding on the parties and the tribunal.

29.2 In exercising its authority, the PCIA-CEM Court may consult with the Registrar and may adopt internal procedures as it deems appropriate, provided that such procedures remain consistent with the principles of fairness, impartiality, and efficiency.

29.3 The PCIA-CEM Court shall not be required to provide reasons for its decisions unless it chooses to do so in its discretion.

29.4 All parties agree, by submitting to arbitration under these Rules, that they shall not seek to challenge or review any decision of the PCIA-CEM Court in any forum, unless such challenge is permitted by applicable mandatory law.

29.5 Any authority exercised by the PCIA-CEM Court under these Rules may be delegated to one or more members of the Court or to the Registrar, unless otherwise specified.

Article 30: Confidentiality

30.1 Unless otherwise agreed by the parties or required by applicable law, all arbitration proceedings conducted under these Rules shall be treated as confidential.

30.2 The parties, their representatives, the arbitral tribunal, any tribunal-appointed experts or secretaries, and the PCIA-CEM shall not disclose to any third party:

  • (i) The existence or content of the arbitration;
  • (ii) Any pleadings, evidence, or documents submitted during the arbitration;
  • (iii) Any orders, decisions, or awards issued by the tribunal.

30.3 Notwithstanding the above, disclosure shall be permitted where:

  • (i) It is required by law, regulation, or court order;
  • (ii) It is necessary for a party to protect or pursue a legal right, including in proceedings to enforce or challenge an award;
  • (iii) The information is already in the public domain through no breach of this Article;
  • (iv) Disclosure is made to a party’s legal or professional advisors, experts, insurers, or funders, provided they are bound by confidentiality obligations.

30.4 The tribunal may issue confidentiality directions during the arbitration, including protective orders or restrictions on the use of evidence, to safeguard sensitive information.

30.5 The PCIA-CEM may publish anonymized extracts of awards or procedural decisions for academic or reference purposes, provided that no identifying details of the parties or dispute are disclosed.

Article 30A: Data Protection

30A.1 The parties, their representatives, the arbitral tribunal, tribunal-appointed experts or secretaries, and the PCIA-CEM shall comply with all applicable data protection and privacy laws in the course of the arbitration.

30A.2 Personal data collected or processed in connection with the arbitration shall be used solely for purposes necessary to conduct, administer, or support the arbitration proceedings under these Rules.

30A.3 The PCIA-CEM may collect and process personal data relating to parties, arbitrators, witnesses, experts, and others involved in the arbitration, including for purposes of appointment, administration, statistical analysis, legal compliance, or institutional record-keeping.

30A.4 Any person providing personal data in connection with the arbitration shall ensure that data subjects have been informed of such use and, where required by applicable law, that appropriate consents have been obtained.

30A.5 The tribunal may adopt additional measures to protect the confidentiality and security of personal data, including protective orders or data access restrictions, particularly where sensitive information is involved.

30A.6 The PCIA-CEM shall implement reasonable organizational and technical safeguards to protect personal data under its control against unauthorized access, loss, or misuse.

Article 31: Limitation of Liability and Jurisdiction Clause

31.1 Neither the PCIA-CEM, its officers, employees, members of the PCIA-CEM Court, the Registrar, arbitrators, tribunal-appointed experts, tribunal secretaries, nor any other persons appointed or involved in the arbitration under these Rules shall be liable to any party for any act or omission in connection with the arbitration, except in cases of deliberate misconduct or fraud.

31.2 The parties agree that no claim shall be brought against any of the individuals or institutions referred to in Article 31.1 for any loss, damage, or expense arising out of or relating to the arbitration, its administration, or any decision or omission made in the exercise of their duties.

31.3 The limitation of liability set out in this Article shall apply to the maximum extent permitted by applicable law, and shall survive the termination or conclusion of the arbitration.

31.4 Any claim or dispute against the PCIA-CEM, its personnel, or officers arising out of or in connection with the arbitration or these Rules shall be subject to the exclusive jurisdiction of the courts at the seat of the PCIA-CEM, unless otherwise mandated by applicable law.

31.5 Nothing in this Article shall be construed as limiting the immunity of arbitrators under applicable national or international laws.

Article 32: General Rules

32.1 These Rules shall apply to all arbitrations commenced under their authority, unless the parties have expressly agreed to exclude or modify specific provisions.

32.2 In the event of a conflict between these Rules and the terms of the arbitration agreement, the arbitration agreement shall prevail, except where these Rules incorporate mandatory provisions or institutional requirements.

32.3 The arbitral tribunal shall interpret and apply these Rules in the manner it deems most appropriate for the efficient, fair, and effective resolution of the dispute, taking into account the specific circumstances of the case.

32.4 The tribunal may adopt procedural measures not expressly provided for in these Rules, provided such measures are consistent with the principles of due process, party equality, and procedural integrity.

32.5 Any procedural gaps or ambiguities not addressed by these Rules or the parties’ agreement shall be resolved by the tribunal, in consultation with the PCIA-CEM if necessary.

32.6 References in these Rules to the masculine gender include the feminine and neutral, and references to the singular include the plural, as the context requires.

Alphabetical Index of Terms (for Reference)

  • Advance Payment for Costs: Refer to Article 24.1
  • Arbitral Tribunal: Refer to Article 5.2
  • Arbitration Agreement: See Preamble
  • Arbitration Costs: Refer to Articles 9.10 and 28.1
  • Authorized Representative(s): Refer to Articles 1.1(i), 2.1(i), 18.1, 18.3, 18.4, and Annex
  • Claimant: Refer to Articles 1.1 and 1.6
  • Commencement Date: Refer to Article 1.4
  • Consent Award: Refer to Article 26.9
  • Consolidation: Refer to Article 22A
  • Data Protection: Refer to Article 30A
  • Early Determination: Refer to Articles 14.6(vi) and 22.1(viii)
  • Emergency Arbitrator: Refer to Article 9.4
  • PCIA-CEM Court: Refer to Article 3.1
  • PCIA-CEM Rules: See Preamble
  • Legal Costs: Refer to Articles 9.10 and 28.3
  • Prohibited Activity: Refer to Article 24.9
  • Registrar: Refer to Articles 1.1 and 3.2
  • Request: Refer to Article 1.1
  • Respondent: Refer to Articles 1.1(iii) and 2.6
  • Response: Refer to Article 2.1
  • Special Fee: Refer to Article 9.5
  • Statement of Case: Refer to Article 15.2
  • Statement of Defence: Refer to Article 15.3
  • Statement of Counterclaim: Refer to Article 15.3
  • Statement of Reply: Refer to Article 15.4
  • Statement of Defence to Counterclaim: Refer to Article 15.4
  • Tribunal Secretary: Refer to Article 14A

Note: This index includes both defined and undefined terms used throughout the Rules. All references to individuals or parties shall be understood to include any gender and both singular and plural forms, as context requires.

Annex to the PCIA-CEM Rules

General Guidelines for Authorized Representatives (Related to Articles 18.5 and 18.6)

Paragraph 1
These guidelines are issued to encourage principled, fair, and professional conduct by individuals serving as party representatives in PCIA-CEM-administered arbitration. Nothing herein shall override the terms of the arbitration agreement, nor limit a representative’s primary responsibility to their client or the duty to present that party’s case effectively. These guidelines do not replace mandatory legal, ethical, or professional codes that are binding on representatives under applicable law or regulatory regimes.

Paragraph 2
Representatives shall not engage in tactics designed to obstruct the arbitral process or to undermine the enforceability of the final award. This includes knowingly filing baseless challenges to arbitrators or to the tribunal’s jurisdiction.

Paragraph 3
No representative shall intentionally make false statements to the tribunal or the PCIA-CEM Court during the proceedings.

Paragraph 4
Representatives must not knowingly assist in the creation or submission of any evidence they know to be false, nor rely on such material in submissions to the tribunal or the PCIA-CEM Court.

Paragraph 5
Representatives shall not deliberately conceal, or assist in concealing, any document or part of a document that the tribunal has ordered to be produced.

Paragraph 6
From the time the tribunal is constituted, representatives shall not engage in undisclosed unilateral communications regarding the arbitration or the dispute with any tribunal member, tribunal secretary (if appointed), or any PCIA-CEM Court member involved in the case. If such communication occurs, it must be disclosed in writing promptly to the other parties, all tribunal members, and the Registrar, as required by Article 13.4. Communications with the Registrar on procedural or administrative matters may occur unilaterally.

Paragraph 7
As per Articles 18.5 and 18.6, the tribunal shall have the authority to determine whether a representative has breached these guidelines. If a violation is found, the tribunal may apply any appropriate procedural measures or sanctions listed in Article 18.6.