Organizational Regulations

1. Principle

BIAC, acting through its Administrative Council and its Governing Board, shall only perform those responsibilities and tasks which are entrusted to it by the Rules or these Regulations.

2. Jurisdiction, Composition, Appointment and Initiation

BIAC shall perform the following main tasks (with the right to perform additional tasks as the case may be pursuant to a decision of the Governing Board):

(a) Receive requests for the appointment of an Arbitral Tribunal by the Governing Board (Art. 4(1) of the Rules).

(b) Deliver copies of the request for the appointment of an Arbitral Tribunal to the Respondent and simultaneous setting of a time period for the appointment of the party’s arbitrator (in the case of an Arbitral Tribunal consisting of three arbitrators), respectively for the notification of acceptance of the Claimant’s proposal or for the notification of a counterproposal by the Respondent (in the case of a sole arbitrator), by the Governing Board (Art. 4(2) of the Rules).

(c) If the parties have not made a decision as to the number of arbitrators on the respective Arbitral Tribunal within thirty (30) calendar days from receipt of the arbitration request: decide on whether one or three arbitrators shall be appointed by the Governing Board (Art. 2(2) of the Rules).

(d) Set a time period of fifteen (15) calendar days for the parties to agree upon the person of the sole arbitrator by the Governing Board (Art. 4(2) of the Rules).

(e) If the parties fail to agree upon the person of the arbitrator within the stipulated and communicated time period and upon request of one party: appoint a sole arbitrator from the BIAC’s list of arbitrators by the Governing Board (Art. 3(1) of the Rules).

(f) If one party fails to notify the other party of its appointed arbitrator within the stipulated and communicated time period and upon request of one party: appoint a second arbitrator from the BIAC’s list of arbitrators by the Governing Board (Art. 3(3) of the Rules).

3. Administrative Tasks

BIAC secretariat shall perform the following main tasks (with the possibility to perform additional tasks as instructed by the Governing Board):

(a) Provide, to the extent necessary, secretarial services to presiding arbitrators and sole arbitrators;

(b) Serve as the paying office for the registration fee (Art. 7(2)(h) of the Rules) and for advances against costs (Art. 9 of the Rules), administers the accounting/bookkeeping books of the respective Arbitral Tribunals (dealings with banks, organization of signatures, payment of arbitrators’ fees and expenses according to the instructions of the chairman arbitrator or the sole arbitrator, final accounts, etc.);

(c) Procure, on request of an Arbitral Tribunal, court stenographers, translators and translations;

(d) Assist arbitration proceedings pursuant to requests from the respective arbitrators and/or the parties in an arbitration proceeding or the Governing Board;

(e) Maintain the record of an arbitration award (Art. 20(10) of the Rules), including all correspondence, pleadings and evidence/exhibits submitted by the parties.

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