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First Procedural Order

The First Procedural Order outlines the administration of arbitration proceedings, including the appointment of a Tribunal Secretary and the allocation of arbitration fees and costs. It establishes a procedural timeline for submissions and hearings, while ensuring confidentiality of the proceedings. The order mandates the parties to comply with its requirements to facilitate an efficient resolution of the dispute.

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29 views3 pages

First Procedural Order

The First Procedural Order outlines the administration of arbitration proceedings, including the appointment of a Tribunal Secretary and the allocation of arbitration fees and costs. It establishes a procedural timeline for submissions and hearings, while ensuring confidentiality of the proceedings. The order mandates the parties to comply with its requirements to facilitate an efficient resolution of the dispute.

Uploaded by

SSM global fx
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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FIRST PROCEDURAL ORDER

BEFORE THE [Arbitral Institution/Tribunal Name]


IN THE MATTER OF ARBITRATION UNDER THE ARBITRATION ACT OF 2020

CASE REFERENCE: [Case Number]


DATE: [DD/MM/YYYY]
ARBITRATION SEAT: [City, Country]

1. Introduction

1.1. This First Procedural Order is issued pursuant to the preliminary hearing held on
[DD/MM/YYYY], during which the parties and the Tribunal discussed procedural matters, the
appointment of a Tribunal Secretary, and the allocation of arbitration fees and costs.

1.2. This Order confirms the Tribunal’s directions on the administration of the arbitration, the
appointment of the Tribunal Secretary, and the financial arrangements related to the proceedings.

2. Appointment of Tribunal Secretary

2.1. Pursuant to the agreement of the parties and the discretion of the Tribunal, [Full Name] is
hereby appointed as the Tribunal Secretary.

2.2. The Tribunal Secretary shall assist the Tribunal in administrative and procedural matters,
including but not limited to:

 Organizing and managing case files.


 Corresponding with the parties on procedural matters.
 Preparing draft procedural documents as directed by the Tribunal.
 Coordinating hearings and meetings.

2.3. The Tribunal Secretary shall not have any decision-making authority in this arbitration.

2.4. The fees for the Tribunal Secretary shall be USD [X] per hour/day, subject to a maximum
cap of USD [X], unless otherwise agreed by the parties and the Tribunal.

3. Arbitral Fees and Costs

3.1. Tribunal Fees


3.1.1. The fees of the arbitral tribunal shall be based on the schedule of fees of [Arbitral
Institution/Rules] or, in the absence of such rules, as follows:

 Chairperson: USD [X] per hour/day.


 Co-arbitrators (if applicable): USD [X] per hour/day.

3.1.2. All arbitrators’ fees shall be subject to periodic invoicing as determined by the Tribunal.

3.2. Administrative and Hearing Costs

3.2.1. The estimated administrative costs of arbitration, including hearing venue costs, secretarial
assistance, and document management, shall be USD [X], subject to adjustment.

3.2.2. The Tribunal shall determine any additional costs related to expert witnesses, transcription
services, or interpretation services upon consultation with the parties.

3.3. Advance on Costs

3.3.1. The Tribunal directs the parties to deposit an initial advance on costs amounting to USD
[X] each, payable to [Arbitral Institution/Tribunal Account] by [DD/MM/YYYY].

3.3.2. Failure to make the required deposits may result in a suspension of proceedings, as
provided under the applicable arbitration rules.

3.4. Final Allocation of Costs

3.4.1. The final allocation of arbitration costs shall be determined by the Tribunal in the final
award, considering the outcome of the case and any applicable cost-shifting principles.

4. Procedural Timeline and Further Directions

4.1. The Tribunal directs the following procedural steps:

 Submission of Statement of Claim: [DD/MM/YYYY]


 Submission of Statement of Defense & Counterclaims (if any): [DD/MM/YYYY]
 Document production requests: [DD/MM/YYYY]
 Exchange of witness statements: [DD/MM/YYYY]
 Hearing dates: [DD/MM/YYYY]

4.2. Further procedural orders shall be issued as necessary.

5. Confidentiality
5.1. The proceedings, including all submissions, evidence, and deliberations, shall remain
confidential unless otherwise required by law or agreed by the parties.

6. Conclusion

6.1. This First Procedural Order shall govern the conduct of proceedings unless modified by
subsequent orders.

6.2. The parties are directed to comply with the requirements set forth herein to ensure the
efficient resolution of this dispute.

Issued by the Arbitral Tribunal

[Tribunal Chairperson’s Name]


[Signature]
[Date]

[Co-Arbitrator’s Name (if applicable)]


[Signature]
[Date]

This First Procedural Order establishes the foundation for arbitration proceedings, ensuring
clarity on administration, fees, and procedural timelines. Let me know if you need modifications!

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