CODAC Arbitration Rules

(Iranian Contract-Drafters Arbitration Club)

CODAC Arbitration Rules in English  Download pdf version

Index

Section 1: General Provisions

1.    Contractual Disputes Arbitration Club
2.    Scope of Application
3.    Legal Grounds for referring to CODAC 
4.    Definitions
5.    Notice and Calculation of Periods of Time

Section 2: Structure of Arbitratral Organization

6.    Iranian Contract-Drafters Arbitration Club 
7.    Permanent Arbitration Secretariat
8.    Permanent Secretary of Arbitration 
9.    Arbitral Tribunal
10.    Supreme Appointing Authority
11.    Arbitrator Appointing Authority
12.    Head of Arbitral Organization

Section 3: Commencement of the Arbitration

13.    Request for Arbitration
14.    Answer to the Request for Arbitration
15.    Arbitration Agreement 
16.    Constitution of Arbitral Tribunal

Section 4: Arbitral Tribunal

17.    Number and Appointment of Arbitrators
18.    Sole Arbitrator
19.    Panel of Arbitrators
20.    Multi-Party Appointment of Arbitrators 
21.    Appointment of Arbitrator in Impleader
22.    Qualifications of Arbitrators
23.    Challenge, Removal, Refusal, Resignation and Justifiable Excuses
24.    Procedure of Challenge and Removal
25.    Decision on Challenge and Removal
26.    Replacement of Arbitrator
27.    Repitition of Hearing 

Section 5: Arbitral Proceeding

28.    Tribunal Session
29.    Expedited Procedure
30.    Ancillary Procedure
31.    Written Pleadings
32.    Seat and Venue of the Arbitration
33.    Language
34.    Parties’ Representatives and Assistants
35.    Hearings
36.    Witnesses
37.    Arbitrator’s Aids
38.    Jurisdiction 
39.    Writ and Order
40.    Insolvency, Death, Incapacity or Extinguishment of Power 
41.    Applicable Law

Section 6: Rendering Award, Closure of Hearing and Closure of Arbitration 

42.    Arbitral Award
43.    Correction of Awards, Interpretation of Awards and Additional Awards
44.    Class Action Arbitration
45.    Conciliation
46.    Ombudsman
47.    Arbitral Opinion
48.    Arbitration Costs
Section 7: Final Regulations
49.    Limitation of Liability
50.    Confidentiality and Intellectual Property
51.    Other Provisions

SECTION 1: GENERAL PROVISIONS

ARTICLE 1- CONTRACTUAL DISPUTES ARBITRATION CLUB

1-1- The purpose of the Rules is to establish an exclusive mechanism for the resolution of contractual disputes between the natural or legal persons by the expert arbitrators in the contract drafting.
1-2- The CODAC publishes the approved arbitrators in its official website. In case of nominating arbitrator(s) from the CODAC list, the Secretary shall not be entitled to not appoint the respected arbitrator under the sub-article 17-3.
1-3- The CODAC shall be solely entitled to interpret, construe and resolve the ambiguity among, inconsistency between and clarify the brevity of all provisions of the Rules. The CODAC shall be entitled, at its discretion, to amend, supplement and revise the provisions of the Rules.
1-4- To ensure that the dispute is settled in a fair, speedy and cost-effective manner as appropriate, the arbitration shall be conducted, in accordance with the Rules, in consultation with the Parties.

ARTICLE 2: SCOPE OF THE APPLICATION

2-1- If the Parties have used the following terms to refer their dispute resolution to the arbitration, it constitutes the Parties' agreement to the arbitration being administered by the CODAC and in accordance with the Rules underwhich the CODAC is bound to administer the arbitration:
a)    The Contractual Disputes Arbitration Club
b)    The CODAC Arbitration Club/Center
c)    The Arbitration Club of Iranian Contract-Drafters.
d)    The Iran Contract-Drafters Club
e)    The Misaq Club of Iranian Contract-Drafters
f)    Any other similar interpretation or combination that implies the administration of arbitration by the CODAC.
2-2- The Parties' consent to use the following terms to refer their dispute resolution to the arbitration, constitutes the Parties' agreement to the arbitration being administered under the Rules, but the CODAC shall be free to accept the administration of arbitration:
a)    The arbitration under the rules of Contractual Disputes Arbitration Club;
b)    The arbitration under the arbitration rules of CODAC centre or the CODAC;
c)    The arbitration under the Arbitration rules of Iran Contract-Drafters Club;
d)    The arbitration under the Arbitration rules of Iran Contract-Drafters Center;
e)    The arbitration under the Arbitration rules of CODAC;
f)    Any other similar interpretation or combination that implies the arbitration under the Rules.
2-3- If the Parties appoint the CODAC as a legal person to be their arbitrator, under the terms stated in sub-article 2-1, the CODAC has treated as the Arbitrator Appointing Authority, as per sub-article 11-2.
2-4- Whenever the Parties, in addition to the CODAC arbitration, have met the rules other than the CODAC or, in some procedural issues, have agreed in contrary to the CODAC Rules, the CODAC shall be free to accept the administration of arbitration.
2-5- The Rules apply to all natural and legal persons of Iran and foreign nationals who have referred their disputes to the arbitration, as described above.
2-6- All matters which are not dealt with in the Rules, the determinate law by the sole arbitrator or the presiding arbitrator shall apply (in cases where the Parties are not Iranian).
2-7- The determinate law by the presiding arbitrator shall apply, if the Parties disagree on the law governing the conflict of laws rules.
2-8- The law or legal system of a particular country, in whatever method the Parties determine, shall be considered to be the substantive law; otherwise, the determinate law by the presiding arbitrator shall apply.
2-9- The Rules shall take effect as of 23/09/2019 (First Edition) and shall apply to any arbitration commencing after that date, unless the Parties agree otherwise.

ARTICLE 3- LEGAL GROUNDS FOR REFERRING TO THE CODAC 

3-1- In the following cases, as per Article 2, the CODAC shall be required to arbitrate in accordance with the Rules:
a)    The Arbitration Contract made between the Parties in which referred to the administration of arbitration by the CODAC, within one of the methods set forth in sub-article 2-1 above. 
b)    The arbitration clause sets out in the Underlying Contract in which refers to the settlement of the dispute by reference to the CODAC, whether it complies with the CODAC model arbitration clause or not;
c)    The arbitration clause is included in the Underlying Contract but does not indicate the settlement by reference to the CODAC and subsequently, the Parties or the third party selected by the Parties to designate the arbitration center, choose the CODAC for the administration of arbitration;
d)    An implicit agreement on the administration of arbitration by the CODAC;
e)    A subsequent agreement on the administration of arbitration by the CODAC;
f)    In the event of reference of dispute settlement by a judicial or quasi-judicial authority.
3-2- Under the Rules, the arbitration clause, which is stipulated in the Underlying Contracts, shall be considered as an independent agreement and its validity is not subject to the validity of the contract.
3-3- The CODAC shall have full jurisdiction in the arbitration proceeding, if all of the followings are (or subsequently be) incorporated, in the arbitration clause or the  Arbitration Agreement:
a)    The interpretation and construction of the text and context of contract;
b)    The validity of the contract;
c)    The termination (with or without cause) of the contract;
d)    The other disputes arising out of the contract.

Article 4- Definitions

In the Rules: 
4-1- "Resignation" means the arbitrator's written notice of refusal to keep its duty under the arbitration for the reasons accepted by the Secretary General.
4-2- "Refusal" means the restraint to conduct the arbitration other than the Resignation, as determined by the Secretary General.
4-3- “Statement of Acceptance” means the written acceptance of the arbitrator(s) through the letter submitted to the Secretary or signing the Arbitration Agreement.
4-4- "Interim and Conservatory Measure" means the Arbitral Tribunal's precautionary measures, taken at the request of the applicant and recognized by the Tribunal, in order to preserve and secure the relief sought for a limited and specified period of time.
4-5- "Absolute Majority of Arbitrators" means half plus one of all the arbitrators, both present and absent.
4-6- "Signature" means a handwritten signature, signature scanned in the context of secure office automation, electronic and secure electronic signature (as defined by Iran's E-Commerce Law); and a fingerprint, in case of impossibility.
4-7-"Selection or Nomination of Arbitrator" means the selection of an arbitrator by the Parties, the Arbitrator Appointing Authority, the Supreme Appointing Authority or the Secretary.
4-8- “Appointment of Arbitrator" means the official appointment of the selected arbitrator upon the Certificate of Appointment issued by the Secretary.
4-9- "Statement" means the exclusive and independent written opinion of each arbitrator regarding the subject of dispute, where the Tribunal does not make a final Award.
4-10- “Implicit Agreement on Arbitration” means any practical, implied and oral agreement between the Parties to refer their dispute to the CODAC.
4-11- “Proceeding” means the complete arbitral process including the Meetings, Hearings and the other arbitral events, from the registration date of the Request for the Arbitration untill the Closure of the Arbitration notified by the Secretary.
4-12- “Meeting” means a session convened by the Tribunal or the Secretary in order to arrange the coordination between the arbitrator(s) or the Parties, for advancing or administerating the arbitration or taking consultation.
4-13- “Hearing” means an official session convened for the arbitral proceeding under the requirements stated in the Rules.
4-14- “Closure of Hearing” means the ending date of all Hearings notified by the Tribunal under these Rules.
4-15- “Closure of Arbitration” means the expiration of 3 months from the notification of the final Award or the probable extended period under the sub-article 44-5.
4-15-"Appointed or Selected Arbitrator" means the arbitrator chosen by either Party or the Arbitrator Appointing Authority or the Supreme Appointing Authority (as the case may be).
4-16-"CODAC Arbitrator" means the arbitrator whose name is published on the official website of the Club or the CODAC.
4-17-“Refused Arbitrator” means the arbitrator who refuses to do its duties under the Rules.
4-18-"Arbitrator’s Aids" means an expert(s) appointed by the Tribunal to assist in making decisions based on the expert opinions.
4-19-"Secretary of Arbitration" or “Secretary” means the permanent or the temporary secretary of the CODAC.
4-20-"Secretary General" means the secretary of the CODAC which is appointed by the Club for the two-year durations.
4-21- "Instructions" means the guidelines issued by the arbitration secretariat to facilitate the operation of the Rules.
4-22-"Additional Claim" means any subsequent relief sought brought by one of the Parties which contains change, modification, addition to the relief sought or increase or decrease of the monetary value of the claim.
4-23-"Arbitral Tribunal" or “Tribunal” includes a sole arbitrator or multiple arbitrators (as the case may be).
4-24-"Award" means any order, writ, or ruling given by the Tribunal at any stage of the proceeding; whether partial, temporary or final.
4-25-"Exclusive Award" means the independent award of each arbitrator, despite the final Award, in respect of the subject matter of the dispute, may be rendered not exceeding one week after rendering the final Award.
4-26- “Conciliation Decision” means a non-binding award rendered by the conciliator based on its designated procedure; and the compatibality with legal rules is not required in its issuance.
4-27- “Arbitral Award on Conciliation” means a binding award rendered by the conciliator, which is issued on the request of each party, provided that the Conciliation Decision is approved by them.
4-28-"Consolidation" means a simultaneous arbitral proceeding of the claims related to each other and having a complying Arbitration Clause or Arbitration Contract.
4-29-"Expedited Proceeding" means a type of arbitral proceeding that, by adjusting certain formalities, reduces or accelerates the procedure of the arbitration.
4-30-"Ancillary Proceeding" means an arbitral proceeding in case of Consolidation, joinder and summoning, counterclaims and Additional Claims.
4-31-"Working Day" means the working days which is defined as working days by the official calendar of the Islamic Republic of Iran, except Thursdays.
4-32-“Settlement Agreement” means the Parties’ written agreement on the Conciliation Decision which is made by the conciliator or on an independent mutual written consent of them.
4-33-"Working Hours" means 8 AM to 5 PM according to Iran Standard Time (UTC+03:30).
4-34-“Commencement of Arbitration” means the registration date of Request for Arbitration with the CODAC secretriait.
4-35-"Arbitration Clause" means the condition inserted in the Underlying Contract, whereby the settlement of the disputes arising out of or in connection with the Undrlying Contract, including but not limited to any question regarding its existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding the non-contractual obligations arising out of or relating to it, is referred to the arbitration.
4-36- “Party” or “Parties” includes claimants, respondents or additional parties;
4-37-"Underlying Contract" or "Contract" means an agreement which the dispute between the Parties is resulted from or in connection with this agreement.
4-38-"Arbitration Contract" means the Parties’ written agreement which is independent from the Underlying Contract, based on the terms of dispute arising out of or in connection with the Underlying Contract by the reference to the CODAC; whether it has been made before or after arising the dispute.
4-39-"Rules" means the present arbitration rules entitled the "CODAC Rules" (the valid version at the time of referral).
4-40-"Withdrawal" means the arbitrator's Resignation or Refusal from conducting the arbitration.
4-41-"Certificate of Appointment" means the certificate issued by the Secratery General indicating the Appointment of Arbitrator or the Arbitration Agreement which is signed by the Secratery General, following the receipt of Statement of Acceptance.
4-42- “Certificate of Settlement” means a certificate issued by the conciliator, following the request of each party, provided that the Conciliation Decision is approved by them.
4-43-"Supreme Appointing Authority" means a natural person who is selected by the Parties or the CEO of the Club (as the case may be and according to the terms stated in the Rules) to facilitate, remove the impediments and correct the arbitral conduct.
4-44-"Arbitrator Appointing Authority" means a person, whether real or legal, who has been selected by the Party or Parties in order to select the arbitrator(s) and/or presiding arbitrator.
4-45-"Arbitration Agreement" means an agreement between the Parties or the arbitrator(s) to initiate the arbitration proceeding.
4-46-"CODAC" means the Contractual Disputes Arbitration Center.

Article 5- Notice and Calculation of Periods of Time

5-1- Under these Rules, any notice, correspondence, suggestion or request must be written.
5-2- The content of the notice, correspondence, suggestion or request shall be deemed as written, if it was served in one of the following ways:
a)    Handwritten, printed or scanned content be signed by the sender.
b)    issued and signed by the sender through office automation system (any office automation software) with secure and dedicated platform (dedicated account).
Note 1: If the sender is a legal entity, the signature must be made by the CEO (in a private entity) or the highest executive or the managing director (in a non-private entity) and also stamped by the company or the organization or signed by the attorney or duly representative on behalf of the legal person.
5-3- Such notice, correspondence, suggestion or request may be served, either manually or through certified mail, express mail, regular mail or courier services, or by any form of an electronic communication (including e-mail submitted priorly by the sender to the previously designated recipient's email and fax to the recipient's dedicated number) or to send or deliver by any other appropriate means that involves receiving a delivery receipt.
5-4- Any notice, correspondence, suggestion or request shall be deemed to have been received, if one of the following is given in priority:
5-4-1-Recipient is the natural person:
a)
(a-1) to be delivered personally to the recipient or its previously designated attorney,
(a-2) to be sent to any address stated by the recipient for rendering the arbitration proceeding,
(a-3) to be sent to any address stated by the recipient after the date of signing the Undelying Contract,
(a-4) to be sent to any address agreed upon by the Parties;
b)
(b-1) to be delivered to relatives or servants of the recipient whose age and appearance are sufficient to distinguish the significance of the said papers, at the place of habitual residence or to be served to the staff department at the workplace or to the head of the recipient or the secretariat of the company or the recipient’s clerk; or
(b -2) to be sent to the recipient's mailing address,
c)
(c-1) to be sent to any common address in the practice of the Parties, or
(c-2) If none of the above is ascertained after a sufficient search, it shall be delivered to the address of the last habitual residence or the workplace of the recipient.
Note 2: The items A, B and C shall in turn have a sequential priority.
5-4-2- Recipient is legal entity:
(a) to be sent to any address stated by the recipient for the purposes of rendering the arbitration proceedings,
(b) to be sent to any address stated by the recipient after the date of signature of the Underlying Contract,
(c) to be sent to any address agreed upon by the Parties;
(d) to be delivered to the company’s secretariat at the Company's domicile,
(e) to be sent to the recipient's mailing address,
(f) to be sent to any common address in the practice of the Parties, or
(g) If none of the above is ascertained after a sufficient search, it shall be delivered to the last domicile of the recipient.
Note 3: Items A to Z have a sequential priority.
5-5- Any notice, correspondence, suggestion or request on the day of delivery in accordance with sub-article 5-4 above shall be deemed to have been received.
5-6- To calculate the deadlines set forth in these Rules, these terms must begin on the day following the receipt of any notice, correspondence, suggestion or request. If the last day of the term is a non-working day, then it shall be extended by the end of the first working day thereafter.
5-7- Receipt of any notice, correspondence, suggestion or request, other than the business hours, shall constitute the receipt in the following day.
5-8- The Parties shall register a copy of any notice, correspondence, suggestion or request regarding arbitration with the Secretary General.
5-9 The Secretary General or the Tribunal (as the case may be) may, at any time, extend or shorten all the terms provided for in these Rules.

Section II: Structure of the Arbitration Center

Article 6- Contractual Disputes Arbitration Club (CODAC)

In addition to the powers and duties of the Club under these Rules, the Club is also responsible for the management and administration of the arbitration organization under the present Rules and the employment of all the executive personnels.

Article 7- The Permanent Secretariat of Arbitration

The Arbitration Secretariat shall consist of the Secretary General, clerk, archivist and arbitration expert(s) having the following duties and responsibilities:
a) Recording of events related to the arbitration.
b) Sending and receiving all correspondences and communications related to the arbitration.
c) Keeping records of the Tribunal physically; until all such physical documentation has been converted into the electronic file, at the request of the Secretary General and the approval of the Club board. Then the physical documents may be destroyed accordingly.

Article 8- The Secretary General

8-1- The Secretary General is a natural person who has been selected by the board of directors of the Club for two-year durations and has the powers and duties set forth in these Rules, including making all necessary coordination between the Parties and the Tribunal, providing the secretariat affairs of the Tribunal, conducting the administrative affairs of the Tribunal, being responsive to the Parties and leading them in advancing their arbitration administration.
8-2- The Secretary General shall be dismissed by the Club board.
8-3- The Secretary shall be dismissed by the Club board or by the Supreme Appointing Authority, on a case-by-case basis.
8-4- The Secretary General may, at the request of the Tribunal or on its own discretion, or in the event of the dismissal, in case, by the Supreme Appointing Authority, select and appoint temporary Secretary or other persons, including the office staff, clerk or expert, in order to advance and facilitate the administrative affairs of the Tribunal, all acting under the authority of the Secretary General or a person appointed by him.
8-5- All the documents and evidences submitted to the Tribunal or Secretary shall also be sent to the other Party by the Secretary.

Article 9 – Arbitral Tribunal

Arbitral Trubunal consists of one or more arbitrators in accordance with the present Rules which is responsible to conduct the proceeding and render the arbitral Award.

Article 10 – Supreme Appointing Authority

10-1- Supreme Appointing Authority is a natural person determined by the Parties before the constitution of Tribunal and has all the powers set forth in these Rules, as well as any discretion granted by the Secretary or Parties, under the prior agreement or Arbitration Agreement; or at the first Hearing, granted under the notice served by the presiding arbitrator (in case that Tribunal consists at least three arbitrators) or a sole arbitrator (in case that Tribunal consists one arbitrator) in order to facilitate, remove the impediments and correct the arbitral conduct. The authorities granted by the above-mentioned persons may not be in breach of the powers conferred through the present Rules. 
10-2- In the event that the Parties do not select, disagree, refuse or be silenced regarding the nomination of the Supreme Appointing Authority, or delegate the CODAC to make such decision, the managing director of the Club may designate himself or a third party as the Supreme Appointing Authority.
10-3- If Supreme Appointing Authority, for any reason, does not or cannot perform its duties and powers within two months of the Secretary’s request, the managing director of the Club shall have the right to designate, on its discretion, the substitute Supreme Appointing Authority. The substitute Supreme Appointing Authority has the same powers as the formerhad.

Article 11 – Arbitrator Appointing Authority

11-1- The Parties may select a natural or legal person to nominate their arbitrator or the Panel of Arbitrators.
11-2- If the Parties choose or refer their dispute to a legal person or designated position in an organization or company as their arbitrator, the managing director of the legal person or designee in the agreed position shall be the Arbitrator Appointing Authority and may choose himself or another natural person as the arbitrator.

Article 12 - Head of the Arbitration Organization

12-1- The managing director of the CODAC is recognized as the head of the CODAC Arbitration Organization.
12-2- In addition to the powers mentioned in the Rules explicitly, the head of the CODAC shall have all authorities regarding the administration of arbitration and organizational affairs of CODAC.

Part Three: Commencement of Arbitration

Article 13 - Request for Arbitration

13-1- In order to commence the arbitration, the applicant shall register the request for arbitration with the Secretary, which shall contain the followings:
a)    Request for the dispute settlement to the arbitration;
b)    Names, addresses, telephone numbers, fax numbers, and email addresses (if any) of the Parties and their representatives (including the authorization letter);
c)    Articles of association, the certificate of incorporation and the latest official gazette containing the names of the directors of the company and the holders of the authorized signatures;
d)    Indication of the cited Arbitration Clause or Arbitration Contract and the submission of a copy thereof;
e)    Indication of the Contract or documents to which the dispute arises or is in connection therewith and the submission of a copy thereof;
f)    A brief plea describing the general nature and circumstances of the dispute, statement of the relief sought and, if possible, the amounts of claim;
g)    Designated Supreme Appointing Authority or the method of selection, if it has not been agreed previously;
h)    Suggested number of arbitrators, if it has not been agreed previously;
i)    Suggested arbitrator (in the sole arbitration) or the nominated arbitrator (in the Panel of Arbitrators), unless the Parties have agreed otherwise;
j)    Proof of Payment of the related costs in accordance with the provisions of the Arbitration Costs as stated in Annex to these Rules;
k)    Any explanation about the language of the arbitration, the substantive law and so on.
13-2- A request for arbitration may contain the plea referred to, in sub-article 31-2.
13-3- Additional Claim shall be filed by the end of the first Hearing and shall contain a brief plea describing the general nature and the conditions of the additional claim and the amounts of claim, if any, whether increasing or decreasing. In case of increasing the monetary value of the claim, the difference in the amount of registration fee must be paid. Bringing an Additional Claim after the first Hearing is acceptable, if the claimant proves that the reasons or evidences affecting the claim were new either discovered or unknown in the course of proceeding and not at its disposal or in any case be accepted by the opposing Party. Bringnig the Additional Claim after the Closure of Hearing is handled by the Tribunal, only if the other Party accepts it.
13-4- The Commencement of Arbitration shall be the date on which all the conditions set forth in the foregoing Articles and Article 30 (as the case may be) have been fulfilled or have been met to the extend possible, in the opinion of the Secretary. Subsequently, the Secretary shall, within two working days, notify the Parties of the Commencement of the Arbitration.
13-5 After the registration of arbitration request with the Secretary by the claimant, the Secretary, subject to the foregoing paragraph, shall, while notifying the Commencement of Arbitration, forward a copy of the arbitration request to the respondent.

Article 14 - Response to the Request for Arbitration

14-1- The respondent shall register its response with the Secretary within fourteen days of the date on which the request for arbitration is received. The answer shall contain the followings:
a)    The confirmation or rejection of all or part of the claimant’s claim(s), including and where applicable, any defense to the non-competence of the Tribunal;
b)    A brief plea describing the nature and conditions of any defense or counterclaim containing the relief sought of the counterclaim (if any) and, if possible, the amounts of counterclaim;
c)    The designated Supreme Appointing Authority or the method of selection, if it has not been previously agreed;
d)    The confirmation or rejection of the claimant’s suggestion for the number of arbitrators or the submission of a new suggestion, if it has not been previously agreed;
e)    The nominated arbitrator, if the Parties have previously agreed to the Panel of Arbitrators, or the comment on the arbitrator suggested by the claimant or the suggestion of a new arbitrator, if the prior agreement of the Parties has provided for the sole arbitrator, unless the Parties have agreed otherwise;
f)    The articles of association, the certificate of incorporation and the latest official gazette containing the names of the directors of the company and the holders of their authorized signatures;
g)    The proof of payment of the costs related to the counterclaim (if any) in accordance with the provisions of the Arbitration Costs as stated in the Annex to these Rules;
h)    Any explanation pertaining to the pleadings contained in the request for arbitration in the light of the matters referred to in sub-article 13-1.
14-2- Subject to sub-articles 31-3 and 31-4, the response may contain a plea or counterclaim.
14-3- After the submission of plea with the Secretary, the Secretary shall forward a copy of that to the claimant.

Article 15 - Arbitration Agreement

15-1- Before the constitution of Tribunal, each Party, the arbitrator or arbitrators may request the Secretary to draft the Arbitration Agreement.
15-2- The Arbitration Agreement shall contain the particulars of the Parties, the subject of arbitration, the appointed arbitrator(s), the governing laws, the Supreme Appointing Authority, the arbitration costs, the arbitrator’s fees, the arbitrator’s acceptance, the arbitration seat, the language of arbitration, and any information which is required in the opinion of Secretary and be signed at least by the arbitrator(s) and the Secretary.
15-3- The provisions of the Arbitration Agreement shall not in any way violate the terms of these Rules, unless an agreement to the contrary is permitted by these Rules.

Article 16- Constitution of the Arbitral Tribunal

16-1- The Tribunal shall be constituted when, subject to the conditions set forth in these Rules:
a)    the Arbitration Agreement has been concluded or
b)    The arbitrator or presiding arbitrator (as the case may be) is nominated and the Secretary appoints them, after the submission of arbitrator’s Statement of Acceptance.
16-2- In the event of any failure to constitute a Tribunal caused by the Secretary, the Parties, the arbitrator(s) or the presiding arbitrator under these Rules, or any legal or practical impediment to constitute the Tribunal for any cause, the Supreme Appointing Authority shall, upon each Party or Secretary’s request, arrange for the constitution of the Tribunal, under these Rules. To this end, the Supreme Appointing Authority shall have the right to nominate the arbitrator(s) at its sole discretion or to remove any appointed arbitrator(s) and to nominate new arbitrator(s) on their behalf; or to reappoint arbitrator(s) previously being appointed, on its sole discretion, and subsequently nominate the presiding arbitrator. The issuance of the Certificate of Appointment shall be considered as the constitution of Tribunal.
16-3- Failure to constitute a Tribunal shall be determined by the Supreme Appointing Authority. However, any action in contrary to these Rules shall be deemed as a failure; and any refuse to perform tasks stated in these Rules shall be treated as a failure, provided that more than two months have passed since the date of neccesary action required by these Rules.
16-4- The Secretary shall notify the Parties within three days of the constitution of the Tribunal.

Section Four: Arbitral Tribunal

Article 17 - Number and Appointment of Arbitrator(s)

17-1- In all cases, to arbitrate under these Rules, only sole arbitrator shall be appointed, unless the Parties agree or the Secretary recognizes (considering the Parties' suggestions, the complexity of the case, the amount of the claim, or other issues which are relevant to or have an impact on the dispute), to appoint the Panel of Arbitrators.
Note: In case of summoning third party, the number of arbitrators under these Rules may be even or more than three.
17-2- If the Parties agree on the appointment of the Arbitrator Appointing Authority, either by themselves or the third party, the Arbitrator Appointing Authority shall noiminate the arbitrator according to these Rules.
17-3- In case that the arbitrator(s) is not nominated by the Parties or the Arbitrator Appointing Authority during the time limit mentioned in these Rules, the arbitrator(s) shall be nominated at the discretion of the Secretary. The Secretary shall appoint the arbitrator(s) after receiving the arbitrator’s Statement of Acceptance and shall notify the Parties and the arbitrator(s) of the Certificate of Appointment.
17-4- The Arbitration Agreement shall be drafted by the Secretary in accordance with these Rules, or the Instructions or the agreement of the Parties as per Article 15 of these Rules.
17-5- If the Parties agree on the nomination of arbitrator(s), beyond the provisions of these Rules, the Secretary shall determine and notify the procedure and the relevant terms.
17-6- In the event that the Parties choose the natural person along with its position in an organization or a legal entity and the said natural person is dismissed from such a position for any reason or its position is erroneously stated in the Arbitration Clause or Arbitration Contract, the natural person shall be treated as the arbitrator.
17-7- In case that the Parties or the Arbitrator Appointing Authority, for any reason, are unable or unwilling to nominate the arbitrator(s), or do not nominate the arbitrator(s) in appropriate time, the Supreme Appointing Authority shall assume the duties of the Arbitrator Appointing Authority. In this case, the Secretary shall issue the Certificate of Appointment to the arbitrator(s), subject to the opinion of the Supreme Appointing Authority.

Article 18 - The Sole Arbitrator

18-1- If the Parties have agreed that the dispute being referred to the sole arbitrator and such nomination has not delegated to the Arbitrator Appointing Authority, either Party may suggest one or more persons as the candidate for the sole arbitrator to the other Party.
18-2- In any case, the sole arbitrator shall be nominated by the mutual consent of the Parties or the Arbitrator Appointing Authority (as the case maybe), within a time limit agreed upon in the Underlying Contract or subsequent written agreement, or within a period designated by the Secretary or within 21 days of the date of Commencement of Arbitration (in the order of priority).
18-3- If the Parties or the Arbitrator Appointing Authority, within the aforementioned time limit, do not nominate the sole arbitrator or, if one of the Parties requests the nomination of arbitrator from the Secretary.  the sub-article 17-3 shall apply.

Article 19 – Panel of Arbitrators 

19-1- If a dispute is referred to a Tribunal (consisting three persons), either Party or the Arbitrator Appointing Authority (as the case may be) shall nominate one arbitrator, within the period agreed upon in the Underlying Contract or the subsequent written agreement, or within the period designated by the Secretary, or within 21 days of the Commencement of Arbitration (in the order of priority).
19-2- In case of the nomination of arbitrator by one of the Parties on the last day of the time limit mentioned in the above paragraph, the other party may request a longer period of two days from the Secretary to nominate its arbitrator.
19-3- The Parties’ nominated arbitrators shall be responsible to nominate the presiding arbitrator, unless otherwise agreed.
19-4- The nominated arbitrators or the Parties or the Arbitrator Appointing Authority (as the case maybe and in compliance with the sub-article 19-3), shall nominate the presiding arbitrator, within the period agreed upon in the Undelying Contract or the subsequent written agreement, or within the period designated by the Secretary, or within 21 days of the appointment of the arbitrators (in the order of priority).
19-5- If the respected arbitrator is not nominated within the time limit under these Rules, the sub-article 17-3 shall apply.
19-6- Failing the nomination of presiding arbitrator in due time, the Supreme Appointing Authority will nominate the presiding arbitrator.

Article 20- Multi-Party Nomination of Arbitrators 

20-1- Where there are multiple claimants or respondents and the dispute is to be referred to the sole arbitrator, the Parties or Arbitrator Appointing Authority (as the case maybe), shall nominate the sole arbitrator, within the period designated by the Secretary, or within 28 days of the Commencement of Arbitration (in the order of priority). Otherwise, the Secretary shall nominate the sole arbitrator.
20-2 - Where there are multiple claimants or respondents and the dispute is to be referred to the Panel of Arbitrators, the claimants shall jointly nominate one arbitrator and also the respondents shall jointly nominate one arbitrator (or the Arbitrator Appointing Authority shall nominate, as the case maybe), within a period designated by the Secretary, or within 28 days of the date of Commencement of Arbitration (in the order of priority).
20-3- In case of sub-article 20-2, the arbitrators, Parties or Arbitrator Appointing Authority (as stated in 19-3) shall nominate the presiding arbitrator, within a period designated by the Secretary, or within 21 days of the date of the appointment of arbitrators (in the order of priority).
20-4- Failing the nomination of arbitrators or the presiding arbitrator, the Secretary or Supreme Appointing Authority, respectively, shall nominate Parties’ arbitrators or the presiding arbitrator (as the case maybe), within the aforementioned time limits stated in sub-articles 20-2 and 20-3.

Article 21 - Nomination of Arbitrator in Impleader

21-1- In case of sole arbitration, if one Party summons third party for the arbitration and such request is admissible by the other Party or upon the request of either Party, shall be deemed necessary at the discretion of the Secretary or Tribunal, summoned Party may admit Parties’ designated arbitrator. Otherwise, the appointed arbitrator shall be dismissed and the Parties (including intervener) shall nominate new arbitrator, in accordance with the terms for nominating arbitrator under these Rules. The duration for nomination of the arbitrator shall be calculated from the date on which the acceptance for summoning the third party is notified by the Secretary.
21-2- Regarding the Panel of Arbitrators, if one Party summons the third party and such request became admissible by the other Party or upon the request of one Party, is deemed necessary at discretion of the Secretary or Tribunal, the intervener may admit the existing Panel of Arbitrators or nominate its own arbitrator. In the latter case, respected arbitrator(s) to the number of intervener(s), shall be added to the Tribunal, and the former appointed presiding arbitrator shall still be considered as the presiding arbitrator unless the new arbitrator(s) don’t agree to the ex-presiding arbitrator. In the latter case, the ex-presiding arbitrator shall be dismissed and all arbitrators shall, within the terms of these Rules, nominate the new presiding arbitrator. The period for the nomination of the presiding arbitrator shall be calculated from the date on which the acceptance for summoning the third party is notified by the Secretary.

Article 22 - Qualifications of Arbitrators

22-1- Any arbitrator who arbitrates under these Rules, whether nominated by the Parties or not, shall perform its duties, during the arbitral proceedings, impartially and independently.
22-2- The nominated arbitrator(s) may not possess prohibited qualifications as set forth in the mandatory laws governing these Rules.
22-3- The Parties, Secretary, Arbitrator Appointing Authority and Supreme Appointing Authority (as the case may be) shall consider the following in the nomination of arbitrator:
a)    The qualifications and specialties of the arbitrator, which have been agreed upon by the Parties;
b)    The qualifications related to the arbitrator's principle of independence and impartiality;
c)    The availability of the arbitrator to ensure timely and efficient arbitral proceeding due to the nature of ongoing arbitration.
22-4- The nominated arbitrator shall disclose to the Parties and the Secretary, any facts and circumstances which may give rise to doubts as to its independence and impartiality, as soon as possible and certainly before its Statement of Acceptance.
22-5- During the arbitral proceeding, each arbitrator shall immediately disclose any new facts and circumstances that may give rise to doubts as to its independence and impartiality, to the Parties, the Tribunal and the Secretary.
22-6- No Party or their representatives shall be permitted to make any communication regarding the dispute with the nominated or appointed arbitrator(s), unless, by the prior permission of Secretary, such a communication is made in line with advising arbitrator as to the general nature of the dispute, reviewing qualifications of arbitrator, availability and independence of arbitrator to the Parties or  reviewing eligibility of the nominated or appointed presiding arbitrator (when the presiding arbitrator nominated by the Parties’ arbitrators).
22-7- None of the Parties or their representatives are permitted to communicate with the nominated and appointed presiding arbitrator regarding the dispute.

Article 23 - Challenge, Removal, Refusal, Resignation and Justifiable Excuses

23-1- The arbitrator shall not, after the Statement of Acceptance, be entitled to refuse to arbitrate or resign from the arbitration; unless expressly permitted by these Rules.
23-2- If the arbitrator(s) intends to resign, it shall submit the resignation letter to the Secretary containing probative reasons. The Secretary shall immediately inform the Tribunal of the matter. Three days after the date on which the resignation letter is received, the respected arbitrator(s) shall be recognized as resignee, unless the respected arbitrator(s) withdraws its resignation within the aforementioned period.
23-3- The arbitrator(s) shall be considered as refused when it is absent in two consecutive Hearings (without justifiable excuses) or the Secretary has found that the respected arbitrator is unwilling to appear. Since then, the respected arbitrator(s), is recognized as the Refused Arbitrator.
23-4- Justifiable excuses include temporary and permanent excuses. However, an excuse that lasts for more than six months is a permanent excuse and will result in the removal of the arbitrator, which notified by the Secretary.
23-5- The following shall, at discretion of the Secretary, be considered as justifiable excuses made by the arbitrator(s):
A) Death of one of the relatives by blood or relatives by affinity to the 2nd degree.
(B) Illness which is preventable to move or the movement is harmful.
(C) Force majeure, such as flood and earthquake, which precludes appearing at the Hearing or rendering the Award.
(D) Events beyond the control of the arbitrator preventing it from appearing at the Hearing or rendering the Award.
23-6- The excused arbitrator shall submit excuse in writing to the Secretary, containing probative reason.
23-7- The arbitrator may be chanllenged at any stage, in any case of the followings:
(A) Any circumstances which give rise to the justifiable doubts as to its impartiality or independence;
(B) Lack of the arbitrator’s qualifications required by the Parties;
(C) Absence of the mandatory terms required by the governing law;
(D) Prohibition by the judicial decision or the governing laws;
(E) In case of refusal of any arbitrator;
F) Failure to hold the first Hearing of Tribunal more than 45 days from the date of the constitution of the Tribunal or to hold the Hearing of Tribunal more than two months from the date of the previous Hearing, at the opinion of Secretary;
G) Failure or incapability of the arbitrator to perform its duties, except in cases of the justifiable excuses;
(H) Inappropriate behavior by the arbitrator in arbitral proceeding in a way that it does not guarantee the equal treatment with the Parties, acceleration, cost-efficiency and disputes resolution in the arbitration process; and affect the arbitral award;
I) In case of the last part of paragraph 42-15 of the present Rules.
23-8- Each Party may only challenge its arbitrator if it became aware of the reasons for the challenge, after its nomination.
23-9- The Challenge, as the case may be, is as follows:
A) Prior to the constitution of the Tribunal:
Any Party or the Secretary may challenge any arbitrator. In any event, the Secretary shall, subject to Article 24, decide on the arbitrator’s challenge and removal thereupon.
(B) After the constitution of the Tribunal:
Any Party or the Secretary may challenge any arbitrator. In any event, the Secretary shall, subject to Article 24, refer the matter to the Supreme Appointing Authority for a decision on the arbitrator’s challenge and removal thereupon, unless the Secretary, after reviewing the presented evidences and pleadings, does not admit the challenge or the arbitrator withdraws voluntarily.
23-10- The arbitrator may be removed only in the following cases:
a) Parties’s consent;
b) Challenge of the arbitrator as the case may be;
c) Refusal to arbitrate.

Article 24 - Procedure of Challenge and Removal

24-1- Each Party willing to challenge an arbitrator shall, in accordance with sub-article 24-2, register its notice with the arbitration secretrait, within 14 days from the date on which the Certificate of Appointment of the arbitrator in question is recieved, or within 14 days after the date on which such Party being aware of the terms set forth in the sub-article 23-7, or dully should have been aware of it.
24-2- The notice of challenge shall be reasoned in detail. The date on which such a notice recieved by the Secretary shall be deemed as the registration date. After registring the notice with the arbitration secretariat, the Secretary shall transmit the notice to the other Party, the challenged arbitrator and other members of the Tribunal (or to the appointed arbitrator(s) when the Tribunal has not been constituted yet).
24-3- A Party challenging an arbitrator shall pay the costs required under these Rules and on the basis of "Appendix -Arbitration Costs ", within the time limit set by the Secretary; otherwise, the challenge shall be denied.
24-4- The Secretary shall conduct in accordance with sub-article 24-7, if the other Party agreed on the challenge or the challenged arbitrator resigns from the arbitration upon bringing the claim of challenge, as per the time limit set forth in sub-article 25-1; otherwise, sub-articles 24-5 and 24-6 shall apply.
24-5- Upon the receipt of notice of challenge before the constitution of Tribunal, the Secretary may order postponing the constitution of Tribunal until the challenge has been came to the end.
24-6- After the receipt of notice of challenge following the constitution of Tribunal, the Secretory shall proceed to the preliminary study in accordance with the sub-article 25-1 of these Rules. At this stage, the arbitration proceedings will not be suspended, but the Secretary may temporarily prevent the challenged arbitrator from appearing at the Hearings. If the Secretary justifies the reasons for the challenge after receiving and reviewing the arbitrator's defenses, it shall, while refering the matter to the Supreme Appointing Authority, order the suspension of the arbitral proceeding under the Tribunal until reaching the end of challenge and the appointment of the substitute arbitrator. 
24-7- In case of arbitrator’s challenge which is placed by each Party, the other Party may add its consent. In such a case, the Secretary shall remove the challenged arbitrator without reviewing the matter. The challenged arbitrator may also voluntarily resign from the arbitration, but neither of these two situations imply the proof of reasons of the challenge.
24-8- The Supreme Appointing Authority may, at the request of each Party, through the Secretary, at its sole discretion and power, remove the arbitrator who fails to or by virtue of a judicial decision or the governing laws, is incapable to perform its duties or does not conduct in a manner that ensures the equal treatment with the Parties, acceleration, cost-efficiency and disputes resolution in the arbitration process which affect the arbitral award. The Secretary shall obtain the observations of the Parties, members of the Tribunal (or the appointed arbitrators when the Tribunal has not been constituted yet), and the arbitrator who is to be removed before the removal, in accordance with these Rules.

Article 25- Decision on Challenge and Removal

25-1- Challenge before the constitution of Tribunal: If, within 10 days after the notice of challenge is received, in accordance with Article 24, the other Party has not consented to the challenge or the challenged arbitrator has not resigned, the Secretary shall make initial decision on the challenge. In this regard, the Secretary shall request the Parties and the challenged arbitrator to make their written comments. If the Secretary does not find the reasons for the challenge justified, the claim of challenge shall be denied.
25-2- Challenge after the constitution of the Tribunal: If, within 15 days after the notice of challenge is received, in accordance with Article 24, the other Party has not consented to the challenge or the challenged arbitrator has not resigned, the Secretary shall make initial decision on the challenge. In this regard, the Secretary shall request the Parties, the challenged arbitrator and other members of the Tribunal to make their written comments. If the Secretary does not find the reasons for the challenge justified, the claim of challenge shall be denied; otherwise, it shall refer the matter to the Supreme Appointing Authority. The Supreme Appointing Authority shall decide on the challenge within one month of the request of the Secretary.
25-3- In respect of the foregoing paragraph, if the Supreme Appointing Authority admits the challenge, the challenged arbitrator shall be removed by the notification of the Secretary and the substitute arbitrator shall be appointed in accordance with Article 26 of the present Rules. The duration for the nomination or appointment of the substitute arbitrator shall be calculated from the date on which the decision of the Supreme Appointing Authority is notified to the Parties by the Secretary.
25-4- If the Supreme Appointing Authority does not admit the challenge, the challenged arbitrator shall remain in its position.
25-5- The decision of the Supreme Appointing Authority regarding the challenge under Article 25 shall be notified by the Secretary to the Parties, the challenged arbitrator and the Tribunal. Such a decision shall be final and subject to no appeal.

Article 26- Replacement of Arbitrator

26-1- The substitute arbitrator shall be appointed, in accordance with the prior procedure governing the nomination and appointment of the ex-arbitrator, or the subsequent agreed upon the procedure of the Parties (in the order of priority), in cases where the arbitration cannot be continued at any stage, for any reason, including but not limited to death, resignation, refusal, permanent excuse or removal of the arbitrator. If the Secretary determines that the former procedure cannot be applicable and the Parties do not agree, within 15 days of the date of withdrawal, death or removal of the arbitrator, on the new procedure, the Supreme Appointing Authority shall nominate the substitute arbitrator.
26-2- In case of temporary excuses, resignation or refusal leading to removal of the arbitrator and death, the Secretary may, after having consulted with the Tribunal, temporarily suspend the arbitration proceedings or authorize the continuation of the arbitration proceedings without the presence of the arbitrator until such excuses have been removed; provided that the Parties’ rights shall not be prejudiced.
26-3- If the arbitrator fails to perform its duties or becomes incapable to conduct under these Rules or in cases where, legally or practically, the arbitral duties shall not be performed, the procedures set forth in Articles 23 to 25 and sub-article 26-1 shall apply.
26-4- The time limits for the nomination and appointment of a substitute arbitrator shall be calculated from the date of death or consent of the other Party to challenge the arbitrator or withdrawal of the challenged arbitrator or the date of removal of the arbitrator.
26-5- In case that the Parties have restricted to a particular person as their arbitrator(s) and for any reason, whether due to death, resignation, refusal, permanent excuse or removal of the arbitrator, the arbitral conduct may not be performed, the Secretary shall declare the cancellation of the arbitration.

Article 27- Repitition of Hearing 

27-1- In cases that the substitute arbitrator or presiding arbitrator is determined, as per Articles 24 to 26, Hearings shall be repeated, unless the Tribunal determines otherwise.
27-2- Regarding the Panel of Arbitrators, if the substitute arbitrator is appointed in place of any arbitrator other than the presiding arbitrator, the Hearings previously held may be repeated at the discretion of the Tribunal.
27-3- If the Tribunal has rendered a provisional or partial Award, the Hearings leading to such an Award shall, in no case, be repeated, and that Award shall remain in force; unless, at the request of the substitute arbitrator, the Tribunal has found that review of the Award is necessary.

Section 5: Arbitral Proceeding

Article 28- Tribunal Session

28-1- The Tribunal shall be valid if attended by all arbitrators; unless in the following items which the majority is sufficient to hold the Hearing:
(A) Notwithstanding the prior arrangement or agreement, each arbitrator does not attend the Hearing, except in the cases of justifiable excuses;
(B) Due to the justifiable excuse, each arbitrator does not appear in two successive Hearings, in which case the Tribunal may hold a second Hearing;
(C) Each arbitrator does not appear without justifiable excuse, in two successive Hearings, in which case the Hearing shall be held in the absence of that arbitrator, from the second Hearing onwards;
(D) Each arbitrator does not attend without justifiable excuse, three intermittent Hearings, in which case the Hearing shall be held in the absence of that arbitrator, from the third Hearing onwards;
(E) Each arbitrator expressly or implicitly declares that it will no longer attend the Hearings.
28-2- In case of Panel of Arbitrators, without the presence of the presiding arbitrator, no arbitration Hearings shall be held.
28-3-The Tribunal sessions can be held in the form of Hearing or Meeting.

Article 29- Expedited Procedure

29-1- Prior to the constitution of the Tribunal, either Party may register an expedited procedure request under these rules with the arbitration secretariat, if any of the followings exists:
(A) The amount in dispute (in terms of the total amount claimed and counter claim) shall not exceed the amount determined by the CODAC annually through the publication on its official website;
(B) The Parties have agreed upon;
(C) In exceptional cases, the Secretary determines the acceleration in the procedure.
29-2- After the registration of request for the expedited procedure under the preceding paragraph, the Secretary shall forward a copy of the request to the other Party.
29-3- If one of the Parties has registered an request for the expedited procedure with the Secretary in accordance with sub-article 29-1, and the Secretary, in the light of the Parties' observations and circumstances, considers that the expedited procedure is necessary, the following terms shall apply:
(A) The Secretary may shorten the time limits set forth in the Rules;
(B) The case shall be referred to the sole arbitrator, unless the Secretary determines otherwise;
(C) The Tribunal may solely handle the dispute on the basis of the documents and the evidences provided by the Parties or may hold the Hearings to take the witness testimony and opinions, as well;
(D) The final Award shall be rendered not later than six months from the date on which the Tribunal is constituted, unless in the exceptional cases which the Tribunal shall, in consultation with the Secretary, extend the deadline; and
E) The reasons on which the award is based on are summarized unless the Parties have agreed otherwise.
29-4- In the expedited procedure, pursuant to this Article, the sub-article 29-3 shall apply, even if the Parties have agreed otherwise, as per the Arbitration Contract or the Arbitration Clause (if any).
29-5- Upon the request of each Party to withdraw an expedited procedure, the Tribunal may, after granting an opportunity of hearing to the Parties, without prejudicing the rights of the Parties, and in consultation with the Secretary, order that the arbitration shall be continued normally (beyond the expedited procedure). In this event, the arbitration shall be conducted in the same Tribunal as it was constituted for the expedited procedure.
29-6- If the expedited procedure has been initiated pursuant to sub-article 29-1 and through the Additional Claim, the amount of claim has exceeded the amount referred to in sub-article 29-1 (a) of the present Rules, the arbitration shall be withdrawn from the expedited procedure (unless the Parties agree on continuing the expedited procedure), but all prior proceedings will remain valid. If the Parties agree not to withdraw, the continuation of the expedited procedure shall be subject to the payment of costs and fees based on the expedited procedure pursuant to sub-article 29-1 (b).
29-7- If, through the Additional Claim, the decrease in the amount of claim cause reaching to the amount limit stated in sub-article 29-1 (a) of these Rules, the Parties may request the expedited procedure in accordance with the foregoing Article, but all prior proceedings shall remain valid.

Article 30-Ancillary Procedure

Part 1: Consolidation

30-1- After the constitution of Tribunal, either Party may register a Consolidation of arbitrations with the Tribunal, in any of the following items:
(A) The other parties to the arbitration shall agree on the Consolidation.
(B) There are two or more disputes which are under the separate arbitral proceedings.
(C) There is one arbitral proceeding and the disputes arising out of two or more other Underlying Contracts may be united into the first arbitral proceeding.
30-2- The request for Consolidation shall contain the followings:
(A) The reference to the arbitral proceeding that the Parties wish to be consolidated;
(B) The names, addresses, phone numbers, faxes, e-mail addresses and the positions of all Parties, including the additional party (if any), and their representatives (if any), and all the relevant arbitrators;
(C) The information set forth in sub-article 13-1 (c) and (d) of these Rules;
(E) The submission of a copy of the relevant contract; and
(F) The reasons justifying the request.
Note: There is no need to pay a separate registration fees, if the request for Consolidation is admissible under the above terms.
30-3- In case of Consolidation, all arbitral proceedings shall be united into the one which, by the Secretary’s notification, has started first. Each Party to the consolidated proceedings must obtain the approval of the arbitrator or one of the arbitrators of the first Tribunal (as the case maybe) and admit the arbitration terms determined by the first Tribunal; otherwise, the request for Consolidation shall be denied. In any event, the Secretary may consider that another procedure is necessary, depending on circumstances of the case.
30-4- If the Consolidation is requested prior to the constitution of the Tribunal, the applicant shall register its request with the Secretary in accordance with sub-article 30-2.
30-5- In case of sub-article 30-4, the Secretary shall decide on the admissibility of the application under this Article in the light of the Parties’ views and circumstances of the case. This does not prejudice the power of the Tribunal to decide on the jurisdiction. The Secretary’s decision to deny the abovementioned application shall not waive rights of the Parties involved or not involved to the request for Consolidation following the constitution of the Tribunal.

Part 2: Joinder 

30-6- Upon the constitution of the Tribunal and by the end of the arbitral proceeding, any interested third party may, as a claimant or respondent, request the Tribunal to join arbitration, provided that all the following terms are met:
(A) The intervener has accepted the terms of the arbitration, the appointed arbitrator(s) and the arbitration rules;
(B) The joinder is not objected by the Parties;
Note: The Tribunal will determine the applicability of the above items.
30-7- The request for joinder under this Article shall contain the followings:
A) The case reference to the respected arbitral proceeding;
(B) Whether intervener joins as a claimant or a respondent;
(C) All items set forth in sub-article 30-2 (b) to (e).

Part 3: Summoning Additional Party

30-8- After the constitution of Tribunal and by the end of the first Hearing, each Party may request the Tribunal to summon one or more additional parties to the arbitration, provided that all the following terms are met:
(A) The Additional Party has accepted the terms of the arbitration, the appointed arbitrator(s) and the arbitration rules or proceeds with the Article 21;
(B) Summoning Additional Party is admissible by the Parties, or at the request of one of the Parties and determination of the Secretary or the Tribunal deemed necessary.
30-9- A request for summoning the additional Party under this Article shall contain the items set forth in sub-article 30-7.
30-10- The claimant for summoning the additional Party must register its claim with the Secretary within three days of the date of request. The Secretary shall notify the summoned party and Parties of such a request.
30-11- The summoned party shall have the right to accept the existing arbitrator(s) within 7 days of the receipt of the notified acceptance of the request for summoning the additional party. Otherwise, a new arbitrator or new presiding arbitrator (as the case maybe) shall be appointed in accordance with Article 21.

Part 4: Counter Claim and Additional Claim

30-12- The Additional and Counter Claims shall be brought in accordance with the formalities set forth in sub-articles 13-3 and 14-1 of these Rules, respectively.

Part 5: Procedure in Common

30-13- After the request for Ancillary Procedure under the foregoing articles, the Secretary shall transmit a copy of the request to all Parties, including the additional parties (if any), for information.
30-14- The request for Ancillary Procedure shall be registered when the terms set forth in these Rules are met, upon the discretion of the Secretary or the Tribunal (as the case maybe); or if the recognition of the certain terms is sufficient for the registration.
30-15- In case that the consolidation is requested before the constitution of Tribunal, the payment of just one registration fee is sufficient for all the consolidated arbitrations. However, if the Secretary rejects the request for Consolidation, in whole or in part, the claimant shall pay the separate amount of the nonconsolidated arbitration.
30-16- The request for the joinder, summoning the additional Party or the Counter Claim shall be subject to the registration fee seperately.
30-17- In case that the request for Consolidation, joinder or summoning additional party is admissible, the Secretary may remove any arbitrator who has appointed prior to initiating the Ancillary Procedure. Unless the Parties, including the additional parties who have joined (regarding joinder or summoning additional party), have otherwise agreed which in the case Articles 17 to 21 shall apply. The deadlines contained in these articles shall be calculated from the date of the reciept of that Secretary’s notification.
30-18-The decision made by the Secretary, indicating the removal of the arbitrator(s) referred to above, shall not affect the validity of the actions performed by the arbitrators or their decisions made prior to the removal.
30-19- After registration of the request for Ancillary Procedure, the Tribunal shall, after granting the opportunity of hearing to all Parties, including the additional party (regarding the joinder or summoning the additional party), and considering the circumstances of the case, decide whether to accept or reject the Ancillary Procedure under these articles. Such a decision does not prejudice the right of the Tribunal to decide on its jurisdiction.
Note: Any arbitration which cannot be united into the Consolidation shall be conducted as a separate arbitration under these Rules.
30-20- The request for Ancillary Procedure shall have no effect on the arbitration proceeding except as set forth in the present Rules.

Article 31- Written Pleadings

31-1- Written pleadings shall be prepared in accordance with this Article, unless the Tribunal, in consultation with the Secretary, ordered otherwise.
31-2- The claimant shall, within the time prescribed by the Tribunal, submit its application which shall contain the followings to the arbitration secretariat, unless previously provided by the claimant in accordance with sub-article 13-1:
A) The description of the claim;
(B) The probative reasons of the claim; and
(C) The Relief sought or the requested actions together with the amount of the claim.
31-3- The Respondent shall, within the time limit prescribed by the Tribunal, submit to the secretariat the plea, which shall contain the followings, unless previously provided by the Respondent in accordance with sub-article 14-1:
(A) A description of the allegation in defense or counterclaim;
(B) The probative reasons in confirmation of defense; and
C) The Relief sought or the requested actions.
31-4- In case of bringing counter claim by the respondent, the claimant shall, within the time limit prescribed by the Tribunal, submit to the secretariat the plea to the counter claim, which shall contain the followings:
 (A) A description of the allegation in defense towards the counter claim;
 (B) The probative reasons in defense; and
C) The relief sought or the requested actions.
31-5- The Parties may alter or supplement any claim, plea or other written pleadings, unless the Tribunal consider such an alteration or supplement as inappropriate, due to the prolongation of proceedings or prejudicing the right of the other Party or for any reason to pursue fair, cost-effecive and speedy arbitral proceedings. In any event, the alteration or supplement to claim and plea may not be in such a manner to extend beyond the Arbitration Contract or the Arbitration Clause.
31- 6- The Tribunal may require the Parties to submit any other plea and determine the deadline of its submission.
31-7- All submitted pleadings contained in this Article shall be accompained by the documents and evidences to which they have been cited and not previously submitted.
31-8- If the claimant fails to submit its plea within the time limit prescribed, the Tribunal may issue the writ of annulment of the arbitration request unless the claimant has a justifiable excuse recognized by the Tribunal. In such a case, the Tribunal shall grant due extension of time to the claimant for submitting the plea. If it fails to submit its evidences in the manner prescribed by the Tribunal, it shall not be subject to this paragraph and the Tribunal shall continue its proceeding.
31-9- If the respondent fails (without the justifiable excuse recognized by the Tribunal) to submit its plea or evidences in the manner prescribed by the Tribunal, the Tribunal shall continue the proceeding.

Article 32-Seat and Venue of the Arbitration

32-1- The seat of arbitration shall be Tehran-Iran. The Tribunal may, on a case-by-case basis, at its own discretion or at the request of the Parties and subject to all circumstances affected on the claim, change the seat of arbitration.
32-2- In the event that the Parties agree on a place other than the foregoing seat, the Tribunal shall have the right to accept or reject the agreed seat. In case of rejection, the Tribunal shall issue the writ of dismissal.
32-3- The Tribunal may hold Hearings appropriately at the bureau it considers suitable.

Article 33-Language

33-1- The language of the arbitration shall be Persian or English. The Tribunal may, at its own discretion or at the request of the Parties and subject to all circumstances affected on the claim, choose one of these two languages.
33-2- If the Parties agree on any languages other than the foregoing, the Tribunal shall have the right to accept or reject the language agreed upon. In case of rejection, the Tribunal shall issue the writ of dismissal.
33-3- If one Party submits its evidences in a language other than the language(s) designated for the arbitration, the Secretary (in case of non constitution of the Tribunal) or the Tribunal may order such Party to provide unofficial or official translation of the related document (official certified translator) according to the opinion of the Tribunal or the Secretary (as the case maybe).

Article 34- Parties’ Representatives and Assistants

34-1- The Parties may nominate their attorney or authorized representative by submitting a formal power of attorney. In such a case, the communication to the attorney or representative shall be deemed as the notification to the Parties, unless the Secretary or the Tribunal (as the case maybe, before and after the constitution of Tribunal) considers that the communication to the Parties is necessary, at its discretion, as well.
34-2- After the constitution of Tribunal, any change or increase in the number of attornies or representatives by the Parties shall be notified promptly and in writing to the other Party, the Tribunal and the Secretary.
34-3-The Parties or their attornies or representatives may appoint the assistant(s) and introduce them to the Tribunal. The assistant(s) has the right to attend the Hearings and to advise their respective Party or the Tribunal on request.
34-4- The attorney or the Parties’ representative shall have the absolute powers, unless it is limited upon the power of attorney or the Tribunal decides on the limitation of their powers.
34-5- In the event of a multiplicity of attornies or representatives, the Parties shall appoint a principal attorney or representative as the focal point toward the Tribunal. Any correspondence with the Tribunal should be served through a principal attorney or representative, but all the correspondences and communications should be referred to all the attornies or the representatives.
34-6- The absence of all or some attornies or representatives shall not preclude the arbitral proceeding.
34-7- The Parties may nominate utmost three attornies and representatives (comulatively) and two assisstants.

Article 35- Hearings

35-1- The Tribunal shall, at its discretion, hold the Hearing for taking testimony and/or presenting oral evidences in a dispute, unless agreed to the contrary by the Parties or specified in these Rules otherwise.
35-2- The Tribunal shall, after having consulted the Parties, determine the date and the bureau of Hearing or Meeting and shall notify the Parties.
35-3- If the Tribunal recognizes that each Party fails to appear in the Hearing without the justifiable excuse, the Tribunal shall continue the proceeding and render the award on the basis of the existing evidences.
35-4- The Tribunal may appropriately record and document all the Tribunal Meetings, Hearings, statements of witnesses, attornies or representatives of the Parties, assistants, Arbitrator’s Aids, and so on.
35-5- All Hearings and Meeatings shall be held in private and all records, transcripts, or documents used in connection with the arbitration proceedings shall be treated as confidential unless the Parties have otherwise agreed.
35-5- If the Tribunal considers that the attendance of the Parties or the introduced witnesses is necessary, but they don’t attend the Hearing without justified reason, the Tribunal may hold the Hearing and continue to adjourn.
35-6- The failure or refusal of either Party to carry out the present Rules, decisions, writs or partial awards issued by the Tribunal or the appearance at the Hearings shall not prevent the arbitral proceedings.

Article 36- Witnesses

36-1- Before taking testimony, the Tribunal may require the Parties to introduce and declare the identity of the witnesses, the subject of their testimony and its relationship to the subject matter under the proceeding. The Secretary shall notify the Parties of the above requirements.
36-2- The Tribunal may accept or reject the request to hear the witnesses or to determine the requirements for the testimony to be taken at the Hearings.
36-3- An oral testimony is valid when it is presented in person at a Hearing or by means of telecommunications in a secure and reliable context such as video conference.
36-4- The witnesses may be interrogated by the Parties, their attornies or representatives and the Tribunal in a manner specified by the Tribunal when presenting the oral testimony.
36-5- The Tribunal may request the witnesses to submit their testimony in writing, in the form of a signed affidavit or oath letter, or any other approved form. In accordance with sub-article 36-3 of the present Rules, the Parties may request the Tribunal to arrange the oral testimony to be presented by appearing at a Hearing or video conference, etc. (as required). In case that the non-appearance of the witness for the oral testimony is unjustifiable, the Tribunal may, at its discretion, whether decide on the validity or denial of the written testimony, or generally ignore the testimony as a reason.
36-6- Each of the Parties or the Tribunal may challenge any witnesses by reasoning up to the end of the Hearing for such a witness to testify. In such a case, the Tribunal may require, at the same Hearing or by giving the witnesses or the other Party an opportunity, to plead their defense. After the examination of reasons for the challenge and the provided defense, the decision of the Tribunal to accept or dismiss the challenge shall be enforceable. In case of the acceptance of such a challenge, the respected reason shall be ignored.

Article 37- Arbitrator’s Aid

37-1- The Tribunal may appoint one or more expert Arbitrator’s Aid (Panel of Arbitrators’ Aids) to review a particular subject during the proceeding and require each Party to provide or give access to the information to it. The Arbitrator’s Aid shall be at liberty to accept or reject the referral and is obliged to declare its refusal or acceptance to the Secretary.
37-2- The appointed Arbitrator’s Aid shall submit its report in writing in due time specified by the Tribunal. The Tribunal shall, through the Secretary, transmit a copy of the report to the Parties or their attornies or representative(s) and request them to comment in written.
37-3- In cases of necessity, on the Tribunal initiative or upon the request of either Party, the Arbitrator’s Aid shall, after submitting its written report, appear at the Hearing. The Parties may interrogate the Arbitrator’s Aid at the Hearing, as to such a written report.
37-4- If either Party objects the report in writing and the Tribunal accepts such an objection as well, the Tribunal may withdraw the report or refer the matter to the another Arbitrator’s Aid or the Panel of Arbitrators’ Aids.

Article 38- Jurisdiction

38-1- If each Party, before the constitution of the Tribunal, disputes the existency and/or the validity of the Arbitration Contract, the Arbitration Clause and/or the jurisdiction of the CODAC arbitration center, the Secretary shall obtain probative reasons and submit to the Tribunal after the constitution.
38-2- The Tribunal shall, after the constitution and before the Hearing on merits, make decision on its jurisdiction, at its discretion, or upon any disputes regarding the existence of and/or the validity of the Arbitration Contract, the Arbitration Clause and/or the jurisdiction of the CODAC arbitration center.
38-3-The Arbitration Clause stipulated in a contract, shall be regarded as an independent contract. The termination, expiration or invalidation of the Underlying Contract shall not nullify the Arbitration Clause or the Arbitration Contract, and such a claim shall not lead to the lack of the jurisdiction.
38-4- Any claim regarding the jurisdiction of the Tribunal shall be submitted in writing in the form of plea, prior to the Hearing on merits and before the Parties' claim on merit.
38-5- Any claim, during proceeding, on lack of Tribunal jurisdiction regarding some issues held by the Tribunal shall be submitted in writing within 7 days on which the matter came on for hearing by the Tribunal.
38-6- The Tribunal may allow bringing such a claim beyond the time limit mentioned in the above articles, if the delay is justified. The mere nomination or joint nomination of the arbitrator by either Party shall not preclude the right to challenge the jurisdiction of the Tribunal.
38-7- The Tribunal may decide on the claim stated in sub-articles 38-4 and 38-5, whether under a writ or a final Award.
38-8- Each Party may, to the extent permitted by the Rules and the relevant laws, invoke the tribunal decision on its jurisdiction or lack of jurisdiction adjudicated through the another claim or the counter claim.
38-9- The Tribunal decisions regarding its jurisdiction shall, however, be final and subject to no appeal.

Article 39- Writ and Order

39-1- The Secretary or the Tribunal (as the case may be) may, at its sole discretion or upon each Party’s request, render a writ or an order alonge with conservatory, interim or provisional measures, at the discretion of the Secretary or the Tribunal it regards as suitable.
39-2- Before the constitution of the Tribunal, the Secretary may render the following writs or orders:
A) Writ of Dismissal of Arbitration Request:
In case of defect in the request for arbitration which is not rectified within three days from the receipt of the Secretary’s notification; or if there is a legal or judicial impediment to the proceeding.
B) Writ of Dismissal of Ancillary Proceeding request:
In case of defect in the request for Ancillary Proceeding which is not rectified within three days from the receipt of the Secretary’s notification;
C) Writ of Annulment of Arbitration Request:
In case of withdrawal of the request for arbitration before the constitution of the Tribunal.
D) Order of Postponement of Constitution
In case of sub-article 24-5.
39-3- The Tribunal may render the following writs, while Proceeding or for Closure of the Hearing:
A) interlocutory Writs:
(A-1) Writ to Provide Reason: 
To bind either Party to provide or furnish any documents, reasons, evidences or witnesses in a manner acceptable to the Tribunal,
A-2) Writ of Inquiry and On-site Inspection: 
To establish a matter that is vague in the judgment of the Tribunal or to verify the claims of the Parties.
(A-3) Writ of Reference to the Arbitrator’s Aid:
To obtain an expertise report, either on its own initiative or at the request of either Party.
(A-4) Writ of Hearing Witness:
To take the testimony at the oral Hearing.
(A-5) Writ of Preservation of Evidence:
To collect the reason.
A-7) Writ of Security:
To bind either Party to provide the security for Arbitration Costs and other costs as appropriate as determined by the Tribunal.
A-8) Writ of Say:
Tribunal may suspend the proceeding in the following cases:
-    In case of the Article 40 of the present Rules or 
-    Consent of both Parties to grant the opportiunity of conciliation; or
-    The Arbitration proceeding shall be subject to the proof of a claim which is within the jurisdiction of the other court or arbitral tribunal or authorities; or
-    The Arbitration proceeding on claim in question shall require another litigation.
B) Conservatory, Interim and Provisional Writs:
B-1) Writ of Sought Security: 
To seize the claimed specified property or its equivalent of the claimant’s property.
B-2) Writ of Provisional Decision:
To seize property or to act or prohibit something in order to prevent possible loss or losing the rights.
Note 1: In the following cases, the provisional writ or the writ of sought security shall be overturned: 
- Six months after rendering of the writ provisional decision, or the writ of sought security for the domestic claims and twelve months for the international claims; unless the Tribunal considers it necessary upon the request of the applicant for the extension;
- The subject uponwhich the writs have issued, is obviated;
- Rendering of the final writs or awards.
C) Final Writs
C-1) Writ of Dismissal of Arbitration: 
- In case of impossibility of proceeding for the reasons attributable to the Parties or for the practical or legal impediment, 
- in case of sub-article 32-2 
- in case of sub-article 33-2, 
- in case of sub-article 40-2 (a) of the present Rules.
- in case of sub-article 48-5 (b) of the present Rules.
C-2) Writ of Dismissal of Ancillary Proceeding Request: 
In case of defect in request for the Ancillary Proceeding after the constitution of the Tribunal not rectified within three days from the receipt of Tribunal’s notification;
C-3) Writ of Annulment of Arbitration:
In case of withdrawal of the request for arbitration after the constitution of the Tribunal or in case of passing a final verdict against any of the Parties which obviates the arbitration proceeding or in case of sub-article 31-8 of the present Rules.
C-4) Writ of Disposition of Arbitration:
In case of withdrawal of the request for arbitration after the Closure of Hearing and before rendering the Award, provided that the other Party has consented to the withdrawal.
C-5) Writ of Lack of Jurisdiction:
In case of non-compliance of the request for arbitration with CODAC Rules, or the invalidity of the Arbitration Clause or the Arbitration Contract.
39-4- The Tribunal may issue the following orders in the course of its proceedings:
A. Inquiry Order:
To review or ascertain the reasons and evidences that the Tribunal considers necessary or appropriate;
B- Order to Pay:
To pay the unpaid fees and the arbitration costs;
39-5- The Tribunal may modify, alter, suspend or overturn any issued writs and orders, in its sole discretion or upon the request of either Party.
39-6- In case of Panel of Arbitrators, the writs and orders shall be valid, if consented by the absolute majority of the arbitrators. In case of failure to obtain an absolute majority, the presiding arbitrator’s decision shall prevail. 
39-7- The administrative decisions by the Tribunal can only be made through the presiding arbitrator.
39-8- The Tribunal, or the either Party with the prior written consent of the Tribunal, may request the competent court to assist in executing the writs and orders of the Tribunal.
39-9 Either Party may, with the prior written consent of the Tribunal, and with the approval of the President of CODAC, request the competent judicial authorities to issue the preservation of evidence writ, the writ of sought security or the provisional writ.
39-10- The issuance of the preservation of evidence writs and the writ of sought security by the Tribunal shall be subject to the payment of the costs of issuance and the provision of an appropriate cash to compensate for the possible loss of performance of the writ or order which may suffer by the other Party.
39-11- In addition to the above-mentioned provisions, the Tribunal has the right, in appropriate cases, to issue any kind of writ or order it deems necessary.

Article 40- Insolvency, Death, Incapacity or Extinguishment of Power

40-1 Whenever one of the Parties becomes bankrupt, incapacitated or dies, or one of the Parties being as a Party to the arbitration based on its authority has been distinguished, the Tribunal shall issue the writ of say and declare to the other Party. In order to continue the arbitration proceeding, the Tribunal shall order for nomination of the substitute attorney or the legal representative, to the liquidator in case of bankruptcy, to the guardian in case of Incapacity, to the heirs, nominee or legal representative in case of death, and to the principal in case of extinguishment of capacity, Unless the bankruptcy, death, Incapacity or extinguishment of one of the Parties’ power has no effect on the arbitration, which in such a case, the proceeding will continue.
40-2- Unless, for any reasons, within six months from the date on which the foregoing manner occurs, the legal heir, the guardian, the liquidator or the legal representative or the attorney has not been determined, or the designated persons, despite the determination, didn’t declare their statement of acceptance or refuse to introduce the attorney or the legal representative, the following applies:
(A) The writ of dismissal shall be issued, if the foregoing default is relevant to the claimant.
(B) The proceeding shall continue, if the foregoing default is relevant to the respondent. 

Article 41-Governing Law

The governing law applied to the merits of the dispute shall be the law agreed upon by the Parties. In case of disagreement, the arbitrator or the presiding arbitrator shall, as the case may be, determine the applicable law in each case.

Section 6: Rendering Award, Closure of Hearing and Closure of Arbitration 

Article 42-Arbitral Award

42-1- The Tribunal shall, after having consulted the Parties and determining the adequacy of the negotiations, statements and evidences of the Parties, terminate the Hearing. The closure of Hearing shall be notified to the Parties through the Secretary.
42-2- Before rendering an award, the Tribunal may, if justified, voluntarily, or at the request of either Party, re-adjudicate, at most once. The decision of the Tribunal to reinitiate the proceeding shall be notified to the Parties by the Secretary. The final award shall contain justifiable reasons for re-opening the Hearing.
42-3- The session for rendering an Award shall be considered as the Hearing.
42-4- Prior to rendering an award, the Tribunal shall submit its draft of award to the Secretary within 30 days of the closure of Hearing. The Secretary submits ita advisory observations within a week to the Tribunal. The Tribunal may accept or reject the Secretary's advisory opinion. In any event, rendering the award shall be subject to the form required by the Secretary.
42-5- The award shall be in writing and reasoned, and shall be drafted considering the legal written procedure.
42-6- The Tribunal may render separate awards on one and the same claim regarding the subjects thereunder, at different times, unless the Parties have otherwise agreed.
42-7- The Tribunal shall render the final award within a maximum of six months from the date of its constitution, unless the Tribunal extends such a term, which shall not be more than two times and not exceed one year commulatively, or the Parties have agreed to the different extension. 
42-8- The Award shall be rendered by the decision of the absolute majority of the arbitrators (in case of the Panel of Arbitrators). Submission of dissenting or consenting decision regarding the drafted award to the presiding arbitrator shall constitute their presence at the session of award. In the event of equality, the presiding arbitrator shall have the casting vote. 
42-9- The dissenting arbitrator(s) shall submit their comments in writing to the presiding arbitrator. The award shall contain dissenting opinions and be signed by all of the arbitrators, whether dissenting or consenting. However, non-signature by them shall not preclude rendering and notifying the final arbitral award.
42-10- The award shall be provided and submitted to the Secretary in the several original copies (in the number of arbitrators and all Parties plus one for CODAC). After the full settlement of the arbitration costs, the Secretary shall notify the signed copies to the Parties.
42-11- By accepting the arbitration under the present Rules, the Parties acknowledge that any award shall be final and binding from the date of rendering (considering Article 43) and undertake to execute the award within twenty days from the reciept of the notification. The Parties shall also irrevocably have waived the right of appeal to the judicial authorities regarding the rendered award as long as the waiver of the right is valid.
42-12- The CODAC may, with the consent of the Parties and the Tribunal, publish any award with the name of the Parties and the other information.
42-13- Each arbitrator may issue its own Statement or Exclusive Award (as the case may be). Such a Statement or Rulling will only be published upon CODAC's opinion.
42-14- If the arbitrator(s) resigns, dies, or refuses to sign the Award after the closure of Hearings and before rendering the award:
A) In case of Sole Arbitrator:
The substitute arbitrator shall be appointed by the Secretary for rendering award.
B) In case of Panel of Arbitrators:
The decision of absolute majority of the arbitrators shall apply and in case of equality in dissenting and consenting opinion:
B-1) If the resigned, deceased, or Refused Arbitrator is not the presiding arbitrator: The presiding arbitartor shall have the casting vote.
B-2) If the resigned, deceased, or Refused Arbitrator is the presiding arbitrator: The Secretary shall be deemed as a substitute presiding arbitrator and shall have the casting vote.
42-15- Unjustified excuses, shall not exempt excused arbitrator to attend the session to render award or sign the award. If there are justified excuses at the Secretary’s discretion, the arbitration session to render award shall be adjourned for up to 14 days, unless such a duration exceeds time limit set forth in paragraph 42-7 or if the justified excuses can not be overturned untill 14 days, which in such cases, provision of the above sub-article shall apply. If under the causes mentioned in sub-articles 42-14 and 42-15, and despite the carrying out of the respected formalities, criteria for an absolute majority of the arbitrators for rendering the award failed to reach, the Secretary will challenge the related arbitrator(s) and appoint the substitute arbitrator(s) within 14 days. The Tribunal shall hold the new session to render the award.

Article 43- Correction of Awards, Interpretation of Awards and Additional Awards

43-1- Either Party may, within 30 days as of the notification of the final award, through the written notice to the Secretary, in cases such as computational, clerical, typographical error, and any errors of similar nature, request the Tribunal to amend the award. The Secretary shall inform the matter to the other Parties. If the Tribunal justifies the aforementioned request, it shall issue an addendum within 30 days of receiving the request. Any Corrective Award shall be considered as an integral part of the previous one.
43-2- The Tribunal may correct any errors referred to in the foregoing sub-article, on its own discretion, or on the recommendation of the Secretary within a maximum of 30 days from the date of rendering the award.
43-3- Either Party may, within 30 days as of the notification of the final award, through the written notice to the Secretary, request the Tribunal to issue a supplementary award as to the claim(s) in the arbitration that has not been the subject of the final award. The Secretary shall notify such a request to the other Party(ies). If the Tribunal justifies the aforementioned request, it must issue the supplementary award within a maximum of 45 days of receiving the request.
43-4- Either Party may, within 30 days as of the notification of the final award, through the written notice to the Secretary, request the Tribunal to interpret the award. The Secretary shall notify such a request to the other Party(ies). If the Tribunal justifies the aforementioned request, it shall issue a written interpretation of the award within a maximum of 45 days from the date of receipt of the request. This interpretation shall be the part of the award.
43-5- The Secretary may, if necessary or at the request of the Tribunal, extend the deadline for interpretation of, amendment to or supplement to the Award by the Tribunal.
43-6- The provisions of Article 42 shall also apply to the interpretation of, amendment to or supplement to the Award.
43-7- In case of the request for the interpretation of, amendment to or supplement to the Award after the expiry of the aforementioned deadlines, the Tribunal shall not have the jurisdiction to hear the case and the rendered Award shall be enforceable.
43-8- The Tribunal shall be dissolved after the expiration of 3 months from the date of the notification of the final Award and the Secretary shall notify the Closure of Arbitration, unless the validity of the Tribunal shall continue until the expiration of the extended period under sub-article 43-5.

Article 44- Class Action Arbitration

44-1- In all arbitral cases which there are one natural or legal claimant against multiple respondents, or one natural or legal respondent against multiple claiments, the settlement of the dispute based on class action arbitration is possible, if all of the followings are met:
(A) Any dispute arised out of a separate Undelying Contract;
(B) The Arbitration Clause in all Underlying Contracts or the subsequent agreement of the Parties has been referred to the CODAC;
(C) The subject of disputes is the same or have a full relationship, so that rendering one arbitral award would be sufficient to resolve all disputes.
44-2- If any of the claimant’s requests for class action arbitration, the Secretary shall examine the request in accordance with the terms set out in the preceding sub-article and, if approved, takes the following steps while registering the request for class action arbitration:
(A) In the event of multiplicity of claimants, the request shall be incorporated in the Club’s web site entitled "public announcement of Class Action arbitration" and shall grant 30 days deadline for joining any potential claimant(s) to the class action arbitration. This deadline shall be renewable once upon the Secretary’s opinion.
(B) In the event of multiplicity of respondents, it shall notify the class action arbitration to them.
44-3- If there are one natural or legal claimant against multiple respondents in all arbitral cases, in addition to the provision of Sub-article 13-1, the written acceptance of the claimant for the class action arbitration shall be also required.
44-4- Claimants or respondents may, under the class action arbitration, designate utmost three attornies totally and shall notify Secretary of designation letter, which is signed by all claimants or respondents.
44-5- In class action arbitration, there is no need for the subsequent permission of respondent(s) to take poroceeding with the dispute under the class action arbitration and the claimant(s)’s request is sufficient in the proceeding under the class action arbitration.

Article 45- Conciliation

45-1- The Parties may initially submit the request for conciliation to CODAC. The Secretary may register such a request, if the provisions mentioned in sub-article 13-1 of the preset Rules are met. The conciliator may be designated upon the parties’ agreement accompanied by the CODAC approval or through the CODAC selection, and shall make the Conciliation Decision within two months. The Parties shall inform the Secretary of their approval on the Conciliation Decision within a maximum of two weeks. If the Parties agreed on the Conciliation Decision, the Certificate of Conciliation or the Arbitral Award on Conciliation shall be rendered by the Tribunal and the Closure of Hearing on the basis of conciliation shall be declared.
45-2- Failure by the Parties to reach the conciliation will not prejudice the right of any or both of them to refer their dispute to the CODAC for arbitration.
45-3- The conciliation proceeding under this paragraph shall not be subject to the present Rules. However, the conciliator may conduct the conciliation proceeding considering its initiative formalities.
45-4- The Parties may request for conciliation (through the CODAC or the other) at any stage of the arbitration. On this basis, the Tribunal will issue Writ of say. In case that the Parties reach the conciliation, they may, while submitting their approval on the Conciliation Decision or by submitting their Settlement Agreement, request the Certificate of Conciliation or the Arbitral Award on Conciliation. The issuance of recent certificate or rendering Award shall be subject to the payment of the related costs as well as the arbitration costs until the date of conciliation. In both cases, the Closure of Hearing shall be declared by the Tribunal and notified through the Secretary.
45-5- If within two months from the date of Writ of say, through asking the Parties in written by the Secretary, the settlement of the dispute through the conciliation has been discarded, the Tribunal will resume the arbitration. Such a period may be extended at the discretion of the Tribunal.
45-6- In case of non-responding by the Parties within two weeks or reaching the conciliation by them beyond the CODAC or non-reaching the conciliation of the Parties until the expiration of the above two-month deadline and possible extension, the Tribunal may declare the Closure of Hearing which shall be notified by the Secretary. Re-proceeding for any reason will require compliance with the arbitration procedures from the begining.
45-7- The conciliation proceeding under this paragraph shall not be subject to the arbitration proceeding under the present Rules. However, the Tribunal will continue the proceeding on the basis of conciliation.
45-8- The Arbitral Award based on the Conciliation shall be rendered on the Settlement Agreement basis for resolving dispute and binding on the Parties.
45-9- The Conciliation Decision or Arbitral Award on Conciliation may not comprise the legal reasons and merely contains the Parties’ agreements.
45-10- In case that the dispute has not been resolved by the conciliation, all obligations, waivers and disclaimers accepted by either Party under the conciliation, whether oral or written, may not be invoked as a reason for the adjudication and rendering the arbitral Award.

Article 46- Ombudsman

Any organization, corporation, or institution may refer its disputes, wholly or in part, against any natural or legal person to the CODAC in order to be resolved on ambudsman basis. In that case, the CODAC shall establish an independent administrative procedure, regulation or instruction for that organization, corporation and institution and obtain approval of the concerned authorities and shall thereupon make conciliation with their parties to the dispute by referring to the CODAC.

Article 47- Arbitral Opinion

47-1- The Parties may, based on the Undelying Contract, Arbitration Contract or subsequent agreement, refer the followings to the arbitration under these Rules:
a)     Recognition of some events in the contract through the arbitration (such as determination of breach, force majeure, default, non-fulfillment of obligations, late performance of obligations, change of contractual circumstances, hardship and any other contractual issues).
b)    Modification, alteration or adjustment of the contractual provision, or drafting the substitute provision in the Underlying Contract.
47-2- In order to commence the arbitration, the applicant shall submit its request for arbitration to the Secretary, which contains the following:
a) Request for reference of the matter to the arbitration;
b) Names, addresses, telephone numbers, fax numbers, and email addresses (if any) of the Parties and their representatives (including the authorization letter);
c) Articles of association, the certificate of incorporation and the latest official gazette containing the names of the directors of the company and the holders of the authorized signatures;
d) Indication of the arbitration clause or Arbitration Contract which is invoked and submission of a copy thereof;
e) Indication of the Contract and/or the related documents and submission of a copy thereof;
f) A brief plea describing the general nature and circumstances of the referred item;
g) Proof of payment of the related costs in accordance with the provisions of the Arbitration Costs as stated in Appendix to these Rules;
h) Any explanation about the language of arbitration, the substantive law and so on.
47-3- Proceeding under this article shall be conducted by the sole arbitrator; even if the Parties have agreed upon the Panel of Arbitrators.
47-4- The decision of the appointed arbitrator shall not be subject to the requirements of the proceeding contained in these Rules; unless the arbitrator deems it necessary to examine the matter.
47-5- The arbitral opinion shall be issued within one month from the date on which the Certificate of Appointment has issued and shall be notified to the Parties through the Secretary and binding on the Parties.
47-6- Regarding this Article, it is not necessary to designate Supreme Appointing Authority and all its power under the Rules (if needed) shall be carried out by the Secretary.

Article 48- Arbitration Costs

48-1- "Arbitration Costs" include the following:
(a) the registration fee; 
(b) the arbitrator(s)’s fee; 
(c) the administrative fee; 
(d) the fees and expenses related to the Arbitrator’s Aid; 
(e) Any expenses required by the Tribunal or the Secretary.
48-2- 50% of the arbitration costs shall be borne by the climant and the other 50% by the respondent, unless otherwise specified by the Secretary or the Tribunal. Either Party may pay all or part of the arbitration costs, if the other Party fails to pay. In such a case, it may ask the Tribunal to incorpoarte the arbitration costs in the final Award.
48-3- The Secretary shall, after paying the full arbitration costs referred to in the foregoing Article, notify the arbitral Award. The Award may contain a commitment on the losing Party regarding costs incurred by the winning Party, including the arbitration costs and the attorney's fees or the commitment of one Party to pay the arbitration costs previously paid by the other Party (subject to sub-article 48-2); Provided that this request has been submitted in writing prior to rendering the final Award.
48-4- Arbitration costs shall be in accordance with the Appendix of Arbitration Costs. This amount shall be paid, in the opinion of the Secretary, by the Parties, before the constitution of Tribunal or at intervals during the arbitral proceeding.
48-5- If either Party does not cover the arbitration costs partially or completely, and the other Party does not pay such costs pursuant to sub-article 48-2:
(A) The Tribunal may issue writ of say, partially or completely;
(B) The Secretary shall, either on its discretion or after having consulted the Tribunal (in case that being constituted), set time limits for payment of the arbitration costs and notify the Parties. In case of non-payment at the prescribed duration, the writ of dismissal shall be issued.
48-6- In all cases, arbitration costs shall be ultimately determined by the Secretary at the Closure of Hearing and before rendering the Award on the basis of the Appendix of Arbitration Costs. If the Arbitration Costs become less than the amount previously paid, the difference shall be refunded.
48-7- Registration and administrative fees shall be credited to the CODAC account. Any profits gained through the maintenance in account shall be owned by the CODAC. The fees of the arbitrator(s) and Arbitrator’s Aid(s) shall be deposited directly into their accounts and the proof of payment shall be made available to the Secretary.
Section 7: Final Regulations

Article 49- Limitation of Liability

49-1- All the staff of the CODAC, Tribunal, experts, Arbitrator’s Aids, the Secretary General, the temporary secretary, the Arbitrator Appointing Authority, the Supreme Appointing Authority, all appointed persons by them, the ones in association with CODAC and Tribunal shall not be responsible toward third parties for the act or omission in connection with the arbitration in accordance with these Rules, except in cases that such a limitation of liability is prohibited by the mandatory applicable law.
49-2- The responsibility of the arbitrators, staff and organization of CODAC toward the Parties shall be in accordance with the CODAC disciplinary regulation.

Article 50- Confidentiality and Intellectual Property

50-1- The Hearing or Meeting shall be private, unless requested by either Party and approved by the Tribunal.
50-2- All correspondences, communications, oral and written comments, Conciliation Decisions, orders and writs, Arbitral Opinions, the Statements, Exclusive Award or any awards rendered by the Tribunal or any of the arbitrators or the Secretary shall be treated as confidential and the Parties and the persons mentioned in Articles 6 to 12 of the present Rules shall not disclose the above information to third party, without the consent of the Parties and the CODAC; unless for one of the followings:
(A) For the purpose of filing a request with the competent court of each country for the enforcement of the arbitral Award;
(B) For the purpose of filing a petition with the competent court of each country to contest the arbitral Award;
(C) By the order or verdict made by a competent court;
(D) To sue or exercise the right or suit with lawful competent authorities;
(E) In compliance with the governmental mandatory laws or upon the orders of any competent supervisory organizations or authorities.
50-3- The Tribunal may obtain, on its discretion, from each Party, a pledge of damages arising out of a breach of the non-disclosure obligation.
50-4- All rights related to the present Rules, arbitral procedures, minutes of proceeding, rendered awards and writs, Statements, Exclusive Award, Conciliation Decisions, Arbitral Award on Conciliation, Arbitral Opinion, brand and name of the CODAC, all names set forth in Article 4 of these Rules, shall totally and exclusively be reserved to the CODAC and no one shall have the right to use them without prior written consent of the CODAC.

Article 51-Other Provisions

51-1- Except as provided in these Rules, the decisions of the Secretary under the CODAC Rules shall be final and binding on the Parties and Tribunal. The Secretary shall not be required to provide reason for its decisions, unless the Tribunal determines otherwise or it has been stipulated in these Rules.
51-2- No apeal under these Rules shall be admissible by the Parties beyond its specified time and place, and failure to exercise the right at the time and place thereof shall be deemed as waived.
51-3- In all cases not expressly stated in the present Rules, the Secretary and the Tribunal shall consider, the spirit and the nature of the present Rules and procedural law governing the seat of arbitration and endeavor to ensure prompt Closure of Arbitration, fair arbitral proceeding and cost effeciency and enforceability of arbitral Award. 
51-4- In the event of any conflict or contradiction between the versions of the present Rules in different languages, the priority shall be as follows:
a) The Parties are Iranian: Persian version;
b) At least one Party is foriegn: English version.