CONTENTS Part I KLRCA ARBITRATION RULES (As revised in 2017) Part II UNCITRAL ARBITRATION RULES (As revised in 2013) Part III SCHEDULES © Copyright of the KLRCA First edition MODEL ARBITRATION CLAUSE Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the KLRCA Arbitration Rules. Recommended additions: • The seat of arbitration shall be […]. • The language to be used in the arbitral proceedings shall be […]. • This contract shall be governed by the substantive law of […]. • Before referring the dispute to arbitration, the parties shall seek an amicable settlement of that dispute by mediation in accordance with the KLRCA Mediation Rules as in force on the date of the commencement of mediation. MODEL SUBMISSION AGREEMENT Parties wishing to substitute an existing arbitration clause for one referring the dispute to arbitration under the KLRCA Arbitration Rules may adopt the following form of agreement: “The parties hereby agree that the dispute arising out of the contract dated _____________ shall be settled by arbitration under the KLRCA Arbitration Rules.” This form may also be used where a contract does not contain an arbitration clause. ARBITRATION RULES OF THE KUALA LUMPUR REGIONAL CENTRE FOR ARBITRATION IN FORCE AS OF 1st JUNE 2017 Under any arbitration agreement referring to the KLRCA Arbitration Rules the parties shall be deemed to have agreed that the following rules, or such amended rules, in force on the date of the commencement of the arbitration, or the filing of an application for the appointment of an Emergency Arbitrator, shall be applied unless otherwise agreed by the parties. The English text prevails over other language versions. 4 KUALA LUMPUR REGIONAL CENTRE FOR ARBITRATION Guide to the KLRCA Rules 8 PART I KLRCA ARBITRATION RULES (As revised in 2017) Rule 1 General 11 Rule 2 Commencement of Arbitration 12 Rule 3 Notifications 13 Rule 4 Appointment 13 Rule 5 Challenge to the Arbitrators 15 Rule 6 Powers of the Arbitral Tribunal 17 Rule 7 Seat of Arbitration 18 Rule 8 Interim Measures 18 Rule 9 Joinder of Parties 19 Rule 10 Consolidation of Proceedings and Concurrent Hearings 21 Rule 11 Facilities 23 Rule 12 Awards 23 Rule 13 Costs 25 Rule 14 Deposits 27 Rule 15 Mediation to Arbitration 29 Rule 16 Confidentiality 29 Rule 17 No Liability 30 Rule 18 Non-reliances 30 5 KLRCA ARBITRATION RULES PART II UNCITRAL ARBITRATION RULES (As revised in 2013) Section I Introductory Rules Article 1 Scope of Application 32 Article 2 Notice and Calculation of Periods of Time 33 Article 3 Notice of Arbitration 34 Article 4 Response to the Notice of Arbitration 36 Article 5 Representation and Assistance 37 Article 6 Designating and Appointing Authorities 38 Section II Composition of the Arbitral Tribunal Article 7 Number of Arbitrators 40 Article 8 to 10 Appointment of Arbitrators 40 Article 11 to 13 Disclosures by and Challenge of Arbitrators 43 Article 14 Replacement of An Arbitrator 44 Article 15 Repetition of Hearings in the Event of the Replacement of An Arbitrator 45 Article 16 Exclusion of Liability 45 6 KUALA LUMPUR REGIONAL CENTRE FOR ARBITRATION Section III Arbitral Proceedings Article 17 General Provisions 46 Article 18 Place of Arbitration 47 Article 19 Language 48 Article 20 Statement of Claim 48 Article 21 Statement of Defence 49 Article 22 Amendments to the Claim or Defence 50 Article 23 Pleas as to the Jurisdiction of the Arbitral Tribunal 51 Article 24 Further Written Statements 52 Article 25 Periods of Time 52 Article 26 Interim Measures 52 Article 27 Evidence 54 Article 28 Hearings 55 Article 29 Experts Appointed by the Arbitral Tribunal 56 Article 30 Default 57 Article 31 Closure of Hearings 58 Article 32 Waiver of Right to Object 58 Section IV The Award Article 33 Decisions 59 Article 34 Form and Effect of the Award 59 Article 35 Applicable Law, Amiable Compositeur 60 Article 36 Settlement or Other Grounds for Termination 60 Article 37 Interpretation of the Award 61 Article 38 Correction of the Award 62 Article 39 Additional Award 62 Article 40 Definition of Costs 63 Article 41 Fees and Expenses of Arbitrators 64 Article 42 Allocation of Costs 66 Article 43 Deposit of Costs 66 7 KLRCA ARBITRATION RULES PART III SCHEDULES Schedule 1 Arbitrator’s Fees and KLRCA Administrative Fees 69 A. International Arbitration 69 B. Domestic Arbitration 70 Schedule 2 Note on Fees, Expenses and Deposits 71 Schedule 3 Emergency Arbitrator 76 8 KUALA LUMPUR REGIONAL CENTRE FOR ARBITRATION GUIDE TO THE KLRCA RULES 1. The English text prevails over other language versions. 2. Definitions used in the KLRCA Rules: “arbitral tribunal” means a sole arbitrator or a panel of arbitrators appointed pursuant to the KLRCA Rules; “Article” or “Articles” shall refer to the numbered provisions of the UNCITRAL Arbitration Rules as contained in Part II of the KLRCA Rules; “award” means a decision of the arbitral tribunal and includes any final, interim or partial award and any award on costs or interest but does not include interlocutory orders; “days” means calendar days and includes weekends and public holidays; “domestic arbitration” means any arbitration which is not an international arbitration; “Director” means the Director of the Kuala Lumpur Regional Centre for Arbitration; “GST” means Goods and Services Tax as prescribed by law; “KLRCA” means the Kuala Lumpur Regional Centre for Arbitration;