Communications
4.
Except in respect of administrative details, the Parties will not communicate with the
Arbitral Tribunal:
a) orally, except in the presence of all other Parties; or
b) in writing, without immediately sending a copy of that communication to all other
Parties.
5.
Section 4 also applies to any communication by the Arbitral Tribunal to the Parties.
Waiver and Right to Object
6.
A Party that knows that:
a) any provision of this Appendix; or
b) any requirement under the Agreement or Arbitration Agreement
has not been complied with, and yet proceeds with the arbitration without stating its
objection to non-compliance without undue delay or, if a time limit is provided for stating
that objection, within that period of time, will be deemed to have waived its right to
object.
7.
In Section 6(a) "any provision of this Appendix" means any provision of this Appendix in
respect of which the Parties may otherwise agree.
Extent of Judicial Intervention
8.
In matters governed by this Appendix:
a) no court shall intervene except as provided in this Appendix; and
b) no arbitral proceedings of an Arbitral Tribunal, or order, ruling or Arbitral Award
made by an Arbitral Tribunal shall be questioned, reviewed or restrained by a
proceeding under any legislation or other law that permits judicial review except
to the extent provided in this Appendix.
Construction of Appendix
9.
In construing a provision of this Appendix, a court or Arbitral Tribunal may refer to the
documents of the United Nations Commission on International Trade Law and its
working group respecting the preparation of the UNCITRAL Model Arbitration Law and
must give those documents the weight that is appropriate in the circumstances.
Stay of Legal Proceedings
10.
If a Party commences legal proceedings in a court against another Party in respect of a
matter required or agreed to be submitted to arbitration, a Party to the legal proceedings
may, before or after entering an appearance, and before delivery of any pleadings or
taking any other step in the proceedings, apply to that court to stay the proceedings.
11.
In an application under Section 10, the court must make an order staying the legal
proceedings unless it determines that:
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