Rule 65 Prior Mediation
1. The arbitral tribunal shall conduct the mediation prior to rendering
a final award on the condition that disputed facts are found clear
and the parties are willing to seek mediation on a voluntary basis.
2. Mediation shall be conducted of the parties¥“ free will and following
the principles of equality, legality and mutual understanding.
Rule 66 Closing a Case by Mediation
1. Where the parties have reached a mediated agreement, the arbitral
tribunal may make a mediation statement based on the mediated agreement,
or make an arbitral award at the request of the parties.
2. Where the parties have reached a mediated agreement on partial
issues, the arbitral tribunal may make a mediation statement or
make an arbitral award on this part of issues at the request of
the parties.
Rule 67 Content of Mediation Statement
1. The claims for arbitration and the parties¥“ agreement shall
be stated in the mediation statement or the arbitral award made
on the basis of the mediated agreement.
2. Should the parties otherwise agree on the content of a mediation
statement, their agreement shall prevail. The parties¥“ agreement,
however, shall not be against the mandatory provisions of the law.
Rule 68 Effectiveness of Mediation Statement
1. A mediation statement shall be signed by the arbitrator(s) and
affixed the seal of the SZAC.
2. A mediation statement shall be legally effective upon the receipt
of it by the parties and shall have the same legal effect as that
of an arbitral award.
Rule 69 Failure of Mediation
1. Should a party goes back on its words prior to the receipt of
a mediation statement, the arbitral tribunal shall render an arbitral
award in due course.
2. In the event of the failure of the mediation, any statement,
opinion, viewpoint or proposal by a party or by the arbitral tribunal
in mediation proceedings shall not be invoked by the other party
as grounds for any claim, defense or counterclaim in the subsequent
arbitral proceedings.
Rule 70 Settlement
1. The parties may reach a settlement by themselves. If so, the
parties may request the arbitral tribunal to render an arbitral
award based on the terms of the settlement agreement, or may withdraw
its claims.
2. Where the parties have reached a settlement agreement and then
gone back on their words, the arbitral proceedings shall resume
in the event that the parties have not withdrawn the claims. In
case the parties have already done so, they may apply for arbitration
again pursuant to the arbitration agreement previously reached between
them.
Article 99
This Arbitration Rules shall come into force as from May 1, 2001. For cases accepted by the Arbitration Commission before the date on which this Arbitration Rules become effective, the Arbitration Rules effective at the time of acceptance shall apply. However, this Arbitration Rules may also apply if both parties so agree.
Article 100
The power to interpret this Arbitration Rules is vested in the Arbitration
Commission.
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