FLOWCHART (PDRCI RULES) Respondent files a RESPONSE

QUICK notes:

1. If notice of arbitration includes:

a) Statement of Claims and/or b) Proposed Arbitrator
(see notes on Arbitrator)
RESPONSE should include Statement of defense and/or proposed arbitrator
Claimant files a NOTICE OF ARBITRATION 2. may include plea of lack of jurisdiction

May include: a) Statement of Claims b) 3. RESPONDENT shall pay a PROVISIONAL ADVANCE in accordance with the
Proposed Arbitrator 30 DAYS guidelines of fees.

Claimant pays a non refundable filing fee, 0 Non-payment = The arbitral tribunal shall not act on any counterclaim or any
provisional advance on costs other claim or affirmative relief sought by respondent

The constitution of the arbitral tribunal shall not be hindered by any

controversy with respect to a respondent’s failure to communicate a response
to the Notice of Arbitration

CONSTITUTION OF THE ARBITRAL TRIBUNAL

The appointment of arbitrators whether as sole arbitrator or an arbitral tribunal shall be subject to confirmation by PDRCI
No. of Arbitrators THREE ARBITRATORS-
 Each party may propose one arbitrator in the Notice of Arbitration and one arbitrator in the response or in any subsequent
communication with the PDRCI
 THE two arbitrators appointed, upon confirmation of their appointment shall choose a third arbitrator, who upon confirmation of
his appointment will act as chair of the arbitral tribunal.
 If either party fails to appoint an arbitrator, PDRCI shall appoint the arbitrator for that party.
 If after 30 days from the confirmation of the 2nd arbitration, the two arbitrators have not agreed on the choice of the chair. PDRCI
shall appoint the chair.
SOLE ARBITRATOR-
Parties (claimant and/or respondent) shall propose nominee/s for sole arbitrator in the Notice of Arbitration or in the Response to the
Notice OR in a subsequent communication with the PDRCI

Within 30 days from receipt by a party of another party’s proposal/nominee, the parties shall reach an agreement on the choice of sole
arbitrator, if no agreement reached, PDRCI shall appoint.
Appointment of Arbitrators  ARBITRAL TRIBUNAL IS DEEMED CONSTITUTED WHEN THE APPOINTMENT OF SOLE ARBITRATOR or the THIRD ARBITRATOR
(chief) has been confirmed by PDCRI.

NOTICE OF CONFIRMATION
PDRCI shall send notice of the confirmation to the parties and
the tribunal, expressly providing for the date of the ARBITRAL ARBITRAL PROCEEDINGS
TRIBUNAL’S CONSTITUTION.

 In case of FAILURE TO CONSTITUTE the ARBITRAL

TRIBUNAL= PDRCI ( at the request of any party)
constitute the arbitral tribunal and in doing so may
revoke any appointment or confirmation already
made and appoint/reappoint each of the arbitrators
and designate one of them as chair
The Arbitral Proceedings
After the Constitution of the ARBITRAL TRIBUNAL:

PARTIES prepare TRIBUNAL PREPARES TRIBUNAL DECIDES ON

HOW THE TRIBUNAL DECIDES
Statement of TERMS OF PROCEEDINGS ARE ON
TRIBUNAL MAY
Claim/ Defense REFERENCES HELD: a) PLACE
1) DOCUMENTS ONLY GRANT INTERIM
(unless if notice of On the basis of the parties and/or b)LANGUAGE
MEASURES OF
arbitration/response is submissions, if appropriate 2) Hearings
In the absence of a request c) and may demand PROTECTION
elected as statement of upon consultation with the
claim/defense from any party to hold Further written
parties. hearings (expert testimony, statements
oral arguments)
(see notes) (see notes)

CASE MANAGEMENT CONFERENCE

HOW Tribunal convenes the parties to a conference. GR: In person or as may be directed by tribunal: video/audio
conference
When As soon as the terms of references are SIGNED or issued, and at any time upon the tribunal’s discretion

AIM Discuss procedural measures, ESTABLISH PROCEDURAL TIMETABLE

(the Procedural Timetable and any modification thereto shall be communicated to PDRCI and the parties)
The Tribunal may extend/shorten any period of time in the timetable or prescribed under the Rules, AFTER CONSULTING with
the parties.

HEARINGS
HEARINGS
 NOTES ON STATEMENT OF CLAIM/ DEFENSE
A statement of claim/defense may be contained in the Notice of Arbitration/Response or in a subsequent communication to PDRCI.

 The periods of time fixed by the tribunal for the communication of written statements (including the Statement of Claim and Statement of Defense) shall not exceed forty-five
(45) days ( extendible, if justified). ( Art. 32)

CLAIMANT’S FAILURE TO COMMUNICATE THE STATEMENT OF CLAIM (WITHOUT RESPONDENT’S FAILURE TO COMMUNICATE THE STATEMENT OF DEFENSE
SUFFICIENT CAUSE) WITHIN THE PERIOD FIXED BY THE RULES OR THE TRIBUNAL (WITHOUT SUFFICIENT CAUSE) WITHIN THE PERIOD FIXED BY THE RULES OR THE
TRIBUNAL
= TRIBUNAL MAY ISSUE ORDER TERMINATING THE ARBITRATION = TRIBUNAL SHALL ORDER THAT THE PROCEEDINGS CONTINUE, FAILURE
TO COMMUNICATE IS NOT TREATED AS AN ADMISSION

STATEMENT OF CLAIM
What is Statement a statement of claim in writing NOTES STATEMENT OF DEFENSE
of Claim ( can be made either in the Notice ANNEXES REQUIRED: NOTES
of Arbitration or as a subsequent a) Contract or legal instrument What is Statement of A statement of
communication) related to dispute Defense defense in writing (can Respondent may claim
To whom given TO PDRCI, to respondent, and to be made either in the counterclaim, or rely on any
EACH of the arbitrators b) ARBITRATION agreement Response or in a other claim for the purpose
When given Within a period of time to de subsequent of set-off provided that the
determined by the tribunal The statement of claims shall communication) arbitral tribunal has
Contents a) The names, addresses and other be accompanied by all To whom given To PDRCI, to claimant, jurisdiction over it
contact details of the parties; documents and other evidence and to each of the
(b) A statement of the facts relied upon by claimant or arbitrators Upon the filing of the
supporting the claim; contain references to them. When given Within a period of Statement of Defense, PDRCI
(c) The points at issue; time to be determined shall determine the
(d) The legal grounds or arguments by the tribunal. Respondent’s Final Advance
supporting the claim; PDRCI shall determine the Contents Reply to particulars in and shall be required to pay
(e) The value of the claims and the amount of claimant’s FINAL the Statement of LESS ANY AMOUNT paid by
amounts involved, or if the relief ADVANCE ON COST and shall Claim way of PROVISIONAL
sought is non-monetary, an require the claimant to pay the (accompanied by ADVANCE.
estimate thereof; and same, less any amounts paid by documents and other
(f) The relief sought. way of PROVISIONAL ADVANCE. evidence)
NOTES ON TERMS OF REFERENCES
WHO Prepared by the Tribunal on the basis of the parties’ submissions, and if appropriate upon consultation
FORM May be in the form of a 1) PROCEDURAL ORDER issued by the TRIBUNAL, 2) in the form of JOINT SUBMISSION BY THE PARTIES or 3) ANY OTHER
FORM
WHEN ISSUED Issued by the TRIBUNAL within 15 days from the receipt of the file from the PDRCI
Contents: a) Names, addresses, and other contact details of the parties, their representatives and counsel, if any; b} the addresses to which communications
may be made; c) summary of the parties’ respective claims and the relief sought by each party; d) issues to be determined; e) names, addresses and
contact details of each of the arbitrators; f) place of the arbitration; g) the particulars of the applicable procedural rules other than the Rules and, if
necessary, reference to the power conferred upon the arbitral tribunal to act as amiable compositeur or to decide ex aequo et bono; and h) the
parties’ preference for a file counsel to be assigned to the case.
Notes: PARTIES shall review and sign the TERMS of References. If a party is unable or refuses to sign, ARBITRATION SHALL PROCEED on the basis of the
Terms of Reference signed by at least one party and the arbitral tribunal. Issues defined therein may be amended.

Notes on Interim Measures

When and where Before constitution of the tribunal- apply in court
available After constitution of tribunal- apply in tribunal or in COURT if tribunal has no power to act or is unable to act effectively.
GROUNDS (a) prevent irreparable loss or injury;
(b) provide security for the performance of any obligation;
(c) produce or preserve any evidence;
(d) maintain or restore the status quo pending the determination of the Dispute;
(e) take action to prevent, or refrain from taking action that is likely to cause current or imminent harm or prejudice to the arbitration;
(f) provide a means of preserving the goods in dispute and any other assets out of which the award may be satisfied, including appointment of
receivers or detention, preservation and inspection of property; or
(g) compel any other appropriate act or omission.

***for a,d,e,f: - claimant to prove:

(a) harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs
the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and
(b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination of this possibility shall not
affect the discretion of the arbitral tribunal in making any subsequent determination.
How written application transmitted by reasonable means to the arbitral tribunal and to the party against whom the measure is sought, describing in
appropriate detail the precise relief, the party against whom the relief is requested, the grounds for the relief, and the evidence supporting the
request.
Notes:  The order shall be binding upon the parties.
 The arbitral tribunal may modify, suspend or terminate the Interim Measure it has granted, upon application of any party or, in exceptional
circumstances and after prior notice to the parties, on the arbitral tribunal's own initiative.

 A party who does not comply with the Interim Measure shall be liable for all damages resulting from non-compliance, including all cost and
reasonable legal fees paid in obtaining judicial enforcement.

 Either party may apply with the court for assistance in implementing or enforcing the Interim Measure ordered by the arbitral tribunal.

 The tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the Interim Measure
was requested or granted.

 The order granting an Interim Measure may be conditioned upon the provision of security for any act or omission specified in the order.

 The party requesting an Interim Measure may be liable for any cost and damages caused by the Interim Measure to any party if the arbitral
tribunal later determines that, in the circumstances then prevailing, the Interim Measure should not have been granted. The arbitral tribunal
may award such cost and damages at any point during the arbitral proceedings.
NOTES ON ARBITRATORS

ON ARBITRATORS (arts 16-21)

Appointment of Arbitrators

The appointment of arbitrators whether as sole arbitrator or an arbitral tribunal shall be subject to confirmation by PDRI

SOLE ARBITRATOR ARBITRAL TRIBUNAL ( three arbitrators)

Parties (claimant and/or respondent) shall propose nominee/s for Each party may propose one arbitrator in the Notice of Arbitration and one arbitrator in the response or in any
sole arbitrator in the Notice of Arbitration or in the Response to the Notice subsequent communication with the PDRCI
OR in a subsequent communication with the PDRCI
Within 30 days from receipt by a party of another party’s THE two arbitrators appointed, upon confirmation of their appointment shall choose a third arbitrator, who upon
proposal/nominee, the parties shall reach an agreement on the choice of confirmation of his appointment will act as chair of the arbitral tribunal.
sole arbitrator, if no agreement reached, PDRCI shall appoint.
BOTH parties shall agree on the procedure for the appointment of the sole If either party fails to appoint an arbitrator, PDRCI shall appoint the arbitrator for that party.
arbitrator. If no agreement, PDRCI shall determine appropriate procedure.
If after 30 days from the confirmation of the 2nd arbitration, the two arbitrators have not agreed on the choice of
the chair. PDRCI shall appoint the chair.
Notes:
 Multiple claimants or the multiple respondents shall jointly appoint an arbitrator

 If the parties agreed that the tribunal shall be composed of a no. other than one or three, their
appointment shall be based on method agreed upon by the parties.

Notes:
 ARBITRAL TRIBUNAL IS DEEMED CONSTITUTED WHEN THE APPOINTMENT OF SOLE ARBITRATOR or the THIRD ARBITRATOR (chief) has been confirmed by PDCRI.

 PDRCI shall send notice of the confirmation to the parties and the tribunal, expressly providing for the date of the ARBITRAL TRIBUNAL’S CONSTITUTION.

 In case of FAILURE TO CONSTITUTE the ARBITRAL TRIBUNAL= PDRCI ( at the request of any party) constitute the arbitral tribunal and in doing so may revoke any appointment or
confirmation already made and appoint/reappoint each of the arbitrators and designate one of them as chair
 Information on Disclosure of Arbitrator/s Challenge of ARBITRATORS
proposed Arbitrators
1. Full name/s Disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator may be challenged
if circumstances exist that give
Disclosure to be made: rise to justifiable doubts as to
2. Address a) when approached in connection with his appointment arbitrator’s impartiality or
independence
3. Contact b) from the time of appointment and throughout the arbitration (disclosure shall be made to PDRCI, parties, other
details arbitrators, unless they were previously informed or were aware of such circumstances. A party may challenge the
arbitrator appointed by him only
4. Nationalities for reasons of which he becomes
aware after the appointment.
5. Description of
qualifications
PROCEDURE IN CHALLENGING AN ARBITRATOR/ OR WHEN ARBITRATOR FAILS TO ACT/ WHEN IT BECOMES IMPOSSIBLE FOR AN ARBITRATOR TO PERFORM HIS FUNCTIONS

a) Notice of appointment

or Give written notice of challenge stating the

reasons therefor to PDRCI, other parties,
b) Notice of circumstances giving rise to justifiable Within 15 days from Notice challenged arbitrator
doubts as to arbitrator’s impartiality

Within 15 days from Notice of Challenge

APPOINTMENT is If not all parties agree to the

challenge, or the challenged
WITHDRAWN arbitrator does not withdraw
w/n 15 days from notice of
When challenge

a) all parties agree to the

PDRCI shall decide within 30 days
challenge from referral by the Secretariat, by
or the arbitral tribunal, or by any
parties
b) challenged arbitrator
withdraws the acceptance
of his appointment If challenge is sustained by PDRCI, a
substitute arbitrator shall be appointed/
chosen

*** PDRCI’s decision on the challenge is

final