The centre's arbitration and mediation rules: filing, answer, constitution of the tribunal, hearings, award and fees.
Commencement of the Arbitration
Article 4: Request for Arbitration
The Request for Arbitration shall contain:
• A request that the dispute be referred to arbitration under the Rules of the Centre.
• The full name, capacity and address of each party, and of the claimant's representative, his capacity and address, including telephone and e-mail.
• A true copy of the arbitration agreement or of the agreement containing the arbitration clause.
• Notice to the other party that the dispute has been referred to arbitration under the Rules of the Centre.
• A description of the nature and circumstances of the dispute and the basis on which it rests, with a statement of the claims and the amounts claimed.
• Observations on the number of arbitrators and their selection, and the arbitrator proposed.
• In international arbitration, it may also state the language and seat of arbitration and the rules of law applicable.
The claimant shall pay the registration fee set out in the schedule in force on the day of filing, which is non-refundable. Once the fee has been paid, the Secretary shall, within five days of the filing of the Request, send the respondent a copy of it and of its annexes so that he may submit his Answer.
Article 5: Answer to the Request and Counterclaim
The respondent shall submit his Answer to the Centre within seven working days of receiving the Request, containing:
• His full name, capacity, address and contact details, and those of his representative.
• His comments on the nature of the dispute and his reply to the claimant's claim.
• Any objection to the validity or enforceability of the arbitration agreement.
• Any observations on the number of arbitrators and their selection, and, in international arbitration, on the seat, law and language of the arbitration.
The Answer and its annexes shall be sent in a number of copies sufficient for the claimants, the arbitral tribunal and the Centre; the Centre may grant a justified extension of time. Within five days of the filing of the Answer the Secretary shall send a copy to the parties.
The respondent may annex to the Answer a counterclaim describing the dispute from which the counterclaims arise, with a statement of the claims and amounts and the relevant agreements. The claimant may submit a reply to the counterclaim within fifteen days of receiving it, and the Centre may grant him additional time before the file is transmitted to the arbitral tribunal.
Article 6: Treating the Request and Answer as the Statements of Claim and Defence
Notwithstanding articles (4) and (5), the Request for Arbitration may be treated as the claimant's statement of claim, and the Answer to the Request as the respondent's statement of defence, provided that this is expressly stated in the document concerned.
Article 7: Pleas of Lack of Jurisdiction and Excess of Authority
• The arbitral tribunal has the power to rule on its own jurisdiction, including any objection to the existence or validity of the arbitration agreement. The arbitration clause is independent of the other terms of the contract, and a finding that the contract is void does not entail the nullity of the arbitration clause.
• If the respondent refuses or fails to participate despite the existence of an arbitration clause, the tribunal shall rule directly on its jurisdiction and the arbitration shall proceed nonetheless.
• A plea of lack of jurisdiction shall be raised no later than the submission of the statement of defence; a party is not precluded from raising it by having appointed, or participated in appointing, an arbitrator.
• The tribunal may rule on the plea as a preliminary question or defer it to the final award; if it upholds the plea it shall issue a decision declaring the claim inadmissible.
• Any party may plead that the tribunal is exceeding the scope of its authority as soon as the matter alleged to fall outside that scope is raised; the tribunal may admit a late plea if the delay is justified, and shall continue the proceedings in the meantime.
The Arbitral Tribunal and Its Constitution
Article 8: General Provisions on Arbitrators
• Every arbitrator shall be impartial and shall remain independent of the parties.
• The nominated arbitrator shall declare his acceptance of the arbitral mission in writing or by any act expressing acceptance.
• The Centre's decision on the appointment, confirmation or replacement of an arbitrator is final.
• Upon accepting the mission, the arbitrator undertakes to discharge his responsibility in accordance with the Rules of the Centre.
• The arbitral tribunal is constituted from the Centre's list of accredited arbitrators in accordance with article (9).
Article 9: Constitution of the Tribunal and Number of Arbitrators
• The Director of the Centre constitutes the arbitral tribunal to decide the dispute, having regard to its difficulty, its monetary value and the arbitrators proposed by the parties.
• The parties are notified of the tribunal selected and may submit reservations about it by written request to the Centre's Management Committee, from the date of notification until before the arbitration agreement is signed; the Committee shall decide within seven days.
Article 10: Notification of Arbitrators
Arbitrators are notified of their selection to undertake the arbitral mission and shall state their acceptance or refusal immediately upon notification.
Article 11: Replacement of Arbitrators
• An arbitrator is replaced, in the same manner in which he was selected, where he does not accept the mission, withdraws, is successfully challenged, dies, or is unable to perform his functions.
• The Centre may, as it sees fit, determine the fees and expenses, if any, payable for that arbitrator's services.
Article 12: Challenge of the Arbitral Tribunal
• Any party may challenge any arbitrator if circumstances exist that give rise to doubts as to his impartiality or independence; a party may challenge the arbitrator it nominated, or in whose appointment it participated, only for a reason of which it became aware after the appointment was made.
• The challenge shall be sent in writing, stating its reasons, to the Centre, the tribunal and the other parties within fifteen days of the constitution of the tribunal or of becoming aware of the circumstances. If the arbitrator does not withdraw, or the other parties do not agree to the challenge, within fifteen days of receiving the request, the Centre shall decide the challenge after giving the arbitrator concerned, the parties and the other members of the tribunal the opportunity to submit their comments in writing.
• No challenge may be submitted after the parties' evidence has closed and the hearing has been closed.
• Where replacement is decided, the Centre has discretion to follow or dispense with the original appointment procedure; if the party that nominated the arbitrator is given the opportunity to nominate a substitute, it must do so within five days of notification, failing which it is deemed to have waived that opportunity.
• After reconstitution, and after inviting the parties to submit their comments, the tribunal may decide to repeat all or part of the prior proceedings.
Article 13: Power of the Majority to Continue the Proceedings
• If a member of the tribunal refuses to take part in its deliberations, or repeatedly fails to do so, the other two arbitrators shall notify the Centre in writing.
• The Centre may, having regard to the stage of the arbitration and the circumstances of the case, appoint a substitute arbitrator, or decide that the arbitration continue with the other two arbitrators without the defaulting arbitrator, stating the reasons for the decision to continue.
Arbitral Proceedings
Article 14: Transmission of the File to the Arbitral Tribunal
The Director transmits the case file, together with all the documents annexed to it, to the arbitral tribunal once the full costs of the arbitration fixed under these Rules have been paid.
Article 15: Place of Arbitration
• In domestic arbitration, the arbitration takes place at the premises of the arbitration centre of the Chamber of Commerce, unless the tribunal decides on a more suitable place after giving the parties the opportunity to express their views.
• In international arbitration, the parties may agree in writing on the place of arbitration; failing such agreement, it takes place at the premises mentioned above, and the tribunal or any party may take part in hearings electronically.
• The tribunal may, after consulting the parties, hold hearings or other proceedings at any other place in Palestine or abroad, and may deliberate at any place it considers appropriate.
• The award is deemed to have been made at the place of arbitration.
Article 16: Language of the Arbitration
• In domestic arbitration, the arbitration is conducted in Arabic.
• In international arbitration, unless the parties have agreed on the language of the arbitration, the tribunal determines the language or languages, having regard to the relevant circumstances of the dispute, including the language of the contract.
• The tribunal may admit documents in a language other than the language of the arbitration, and may order that all or part of them be translated.
Article 17: Applicable Procedural Rules
The proceedings before the arbitral tribunal are governed by the Rules of the Centre.
Article 18: Applicable Substantive Rules
• In domestic arbitration, the tribunal decides the merits of the dispute in accordance with the rules of Palestinian law and local commercial custom, or in accordance with the principles of justice and equity.
• In international arbitration, the tribunal applies the rules of law chosen by the parties; failing such a choice, it applies the law or rules most closely connected with the subject matter of the dispute.
• Where the law of a particular State is chosen, its substantive rules apply to the exclusion of its conflict-of-laws rules, unless those rules refer to Palestinian law.
Article 19: Preliminary Meeting and Terms of Reference
As soon as it receives the file, the tribunal draws up the Terms of Reference where an arbitration clause exists; where there is none, the arbitration agreement serves in their place. They are drawn up on the basis of the documents or in the presence of the parties, in the light of their most recent submissions, and contain:
• The names, capacities, addresses and contact details of the parties and of their representatives, and the addresses to which notifications are to be sent.
• A summary of the parties' claims and requests and their monetary value.
• A definition of the issues to be determined, unless the tribunal considers this inappropriate.
• The names and contact details of the members of the tribunal, the place of arbitration, and any other particulars the tribunal considers useful.
• The signatures of the parties and the tribunal on the document.
Article 20: Statement of Claim
• If the statement of claim was not submitted with the Request, the claimant submits it to the tribunal within fifteen days of receiving notice of the constitution of the tribunal, or within the period the tribunal sets for him, and the Secretary transmits a copy to the respondent and the Centre.
• The statement sets out all the facts and matters in dispute, the supporting legal arguments and the relief sought, with copies of the documents annexed in a bundle.
• If the statement is not submitted within the period without justified excuse, the tribunal may, at the respondent's request, dismiss the claim or treat the Request for Arbitration as the statement of claim.
Article 21: Statement of Defence
• The respondent submits the statement of defence to the tribunal within fifteen days of receiving the statement of claim and its annexes, or within the period the tribunal sets, with copies of his documents annexed, and the Secretary sends copies to the claimant and the Centre.
• If the statement is not submitted within the period without justified excuse, the tribunal may, at the claimant's request, continue the proceedings and make the award.
Article 22: Further Written Submissions
The tribunal may permit or require further written submissions in addition to the statements of claim and defence, provided they do not substantially alter the claims, and may fix the periods within which they are to be submitted.
Article 23: Proof of the Facts of the Case
• Each party bears the burden of proving the facts on which it relies in support of its claim or defence.
• The tribunal may, at the request of any party or of its own motion, order a party to produce documents or evidence in its possession within a period it fixes.
• It may likewise carry out a site visit or inspection as it considers appropriate.
Article 24: Hearings
• The tribunal fixes the dates of hearings in agreement with the Director and the parties are informed of them; the parties may attend in person or through legal representatives or lawyers holding powers of attorney.
• When hearings are held, the tribunal gives advance notice of the date, place and time of the hearing with reasonable time to attend; this may be included in the arbitration agreement.
• All hearings are confidential unless the parties agree otherwise in writing.
• If a party fails to attend without acceptable excuse despite having been duly informed, the tribunal may hold the hearing and continue the proceedings.
• The proceedings of hearings are recorded in minutes drawn up in due form.
Article 25: Witnesses
• A party wishing to call witnesses submits, before the hearing at which they are to be heard, a memorandum listing their names and addresses and the facts to which they will testify, which is communicated to the other party before the hearing; in international arbitration the language in which the testimony will be given is stated.
• Each party may examine any witness under the supervision of the tribunal, and the tribunal may question the witness at any stage.
• Testimony may be given in writing by sworn statements if the parties so agree; the tribunal or any party may require the witness to attend for examination, and the weight of the testimony is for the tribunal to assess.
• The tribunal requires witnesses to take the oath before giving their testimony.
• Witnesses may be heard in person or by videoconference or similar means of communication where necessary.
Article 26: Appointment of Experts by the Tribunal
• The tribunal may, after consulting the parties, appoint one or more experts, define their mission and receive their reports within a period it fixes, and allow them to be examined on their reports at a hearing at the parties' request.
• It may require any party to provide the expert with relevant information or documents, or to allow inspection of goods, property or the site; any dispute in this regard is referred to the tribunal for decision.
• On receipt of the expert's report, a copy is sent to each party with the opportunity to comment in writing, and each party may examine any document on which the expert relied.
• The tribunal fixes the expert's fees and determines who is to pay them after the mission has been duly carried out.
Article 27: Interim and Conservatory Measures
• The tribunal may, at the request of a party, order any interim or conservatory measure it considers necessary, and may require the requesting party to furnish appropriate security.
• The parties may, before the file is transmitted to the tribunal and, where circumstances so require, after it, apply to the competent judicial authority for interim or conservatory measures; this is not a breach of, or a waiver of, the arbitration agreement. The party shall notify the Director without delay of any application made to the courts and any measure taken on it, and the Director informs the tribunal accordingly.
Article 28: Closure of the Proceedings
• The tribunal declares the proceedings closed when the case is ready for decision, and invites the parties to present their closing submissions.
• It may, of its own motion or at the request of a party, reopen the hearing at any time before the final award is made, if it considers this necessary owing to exceptional circumstances.
• After the closure of the proceedings the tribunal proceeds to deliberate and to make the award.
Article 29: Waiver of the Right to Object
A party which knows that any provision or requirement of these Rules, of any other applicable rules, or of any order of the tribunal has not been complied with, and yet proceeds with the arbitration without promptly objecting, is deemed to have irrevocably waived its right to object.
Arbitral Awards
Article 30: Time Limit for Making the Award
• The tribunal makes the award terminating the proceedings within three months of the signature of the Terms of Reference or the arbitration agreement by the parties and the tribunal, unless the parties agree or the tribunal decides otherwise.
• The tribunal may extend the period on a reasoned request of the parties or of its own motion if it finds this necessary, provided the additional period does not exceed three months.
• Periods during which the proceedings are suspended for any legal reason are not counted within the time limit; time resumes from the tribunal's notification that the cause of suspension has ceased.
Article 31: The Award
• The tribunal may make preliminary, interim, partial or final awards.
• Awards are made in writing and are final and binding on the parties; they may be challenged only on the grounds set out in the arbitration law in force. Agreement to arbitrate under these Rules constitutes an undertaking to carry out any award immediately and without delay.
• Where there is more than one arbitrator, the award terminating the proceedings is made unanimously, failing which by majority, failing which by the umpire appointed by the Centre.
• The award is deemed to have been made at the seat of arbitration and on the date stated in it.
• If the parties reach a settlement after the file has been transmitted to the tribunal, the settlement is recorded in the form of an award made by consent of the parties, if they so request and the tribunal agrees.
• The final award states the reasons on which it is based, unless the parties have agreed to dispense with reasons and the applicable law does not require them.
• The members of the tribunal sign the final award; where it is made by majority this is stated in its text and the dissenting opinion is annexed bearing its author's signature, and where it is made by the umpire this must be stated.
• The award is pronounced in the presence of the parties; if a party is absent despite notification, the award is made at the hearing, is deemed to have been made in his presence, and is notified to him through the Centre.
• The tribunal delivers a copy of the award to each party, subject to payment to the Centre of the costs of the arbitration and the fees in accordance with these Rules.
Article 32: Confidentiality
The award, or any part of it, may not be published except with the written consent of the parties to the arbitration.
Article 33: Original Documents and Exhibits
The owner of a document may apply for the return of original exhibits within six months of the making of the award, provided that a true copy of the document is kept in the award file.
Article 34: Interpretation, Correction and Additional Award
• Any party may, within thirty days of receiving the award, request its interpretation by written request to the tribunal with a copy to the Centre and the other party; if the tribunal finds the request justified, it gives the interpretation within fifteen days, in the form of an additional award signed by it, which forms part of the final award.
• Any party may, within thirty days, request the correction of any computational, typographical or clerical error; if the tribunal finds the request justified, it corrects the error within fifteen days in the same form. The tribunal may correct such errors of its own motion within fifteen days of the making of the award.
• Any party may, within thirty days, request an additional award on a matter raised in the proceedings but not decided; before ruling, the tribunal gives the parties the opportunity to be heard, and if it considers the request justified it makes the additional award within thirty days of receiving the request, and it forms part of the final award.
Article 35: Mediation in Labour Cases
In labour cases, the Centre mediates between the worker and the establishment employing him with a view to reaching a fair settlement between the two parties.
Article 36: Reference Laws
• In domestic arbitration, the Palestinian Arbitration Law in force and its implementing regulations apply to any matter for which the Rules of the Centre make no specific provision.
• In international arbitration, the UNCITRAL Model Law applies to any matter for which no specific provision is made.
• In matters of procedure, the Palestinian Law of Civil and Commercial Procedure in force applies to any matter for which no specific provision is made.
Governance — from the 2025 Internal Regulations
Article 8: Organs of the Centre
Under the approved Internal Regulations (2025), the Centre consists of:
• The Board of Directors: the Chamber's own Board of Directors for the same electoral term; it forms the Executive Committee, appoints the Director of the Centre, and approves the Internal Regulations, the mediation and arbitration rules and the fee schedules.
• The Executive Committee: drawn from the Board of Directors and chaired by the Chamber's President or his delegate; one or two experienced members from outside the Board may be added in an advisory capacity. It meets at least once every three months, approves the lists of arbitrators, mediators and experts, the schedules of fees and remuneration and the codes of conduct, and acts independently of the Board and of the arbitral tribunal.
• The Centre's management: a Director and one or more assistant staff; it runs day-to-day operations, receives requests, coordinates the constitution of tribunals and submits monthly reports to the Executive Committee.
• The arbitration, mediation and expert panels: once constituted, they act independently of the Board, the Centre's management and the Executive Committee.
Article 4: Independence of the Centre
The Centre has legal personality and financial and administrative independence, is non-profit, and operates under the umbrella of the Chamber. Its head office is in one of the Chamber's buildings, and it may establish other branches within Palestine as the need arises.
Article 2: Jurisdiction of the Centre and Its Limits
The Centre's jurisdiction covers disputes of a commercial, economic or financial nature, provided an arbitration agreement or clause exists, together with mediation and expert services. The following fall outside its jurisdiction:
• Criminal disputes or those affecting public order.
• Personal status matters.
• Cases which the law requires to be resolved only through the courts (unless the law permits their arbitration).
• Disputes in which final judgments have been rendered, or which are pending before an arbitral tribunal or other bodies.
Where a possible conflict with the jurisdiction of a judicial authority arises, consideration is suspended temporarily until the competent body is determined.
Article 24: Confidentiality, Impartiality and Conflicts of Interest
• The meetings and deliberations of the Board and of the Centre's committees are confidential; no member may attend, take part in or vote on a matter to which he is a party, in which he has a direct or indirect interest, or in which he acts as agent for one of the litigants, and every member shall disclose any such circumstance.
• The members of the Board and committees, the Director and all staff undertake, during and after their service, not to disclose any information or documents relating to the Centre's work.
• All information submitted by the parties to a dispute is confidential and may be disclosed only with the parties' written consent or at the request of the competent judicial authority.
Article 21: Costs of Arbitration and Their Administration
• The Director of the Centre prepares an estimate of the costs of the arbitration, approved by the Chair of the Committee or his deputy; each of the two parties to the dispute deposits the agreed amount as an advance on those costs, and supplementary amounts may be requested during the proceedings.
• If the deposits are not paid within thirty days of receipt of the Request for Arbitration, the Director informs the other parties and takes the appropriate measure under the procedural rules.
• After the award is made, the Director provides the parties with a statement of deposits and expenditure for the final settlement, refunding any surplus or collecting any balance due.
• The fees of accredited arbitrators are governed by a schedule of fees annexed to, and approved with, the Internal Regulations and the mediation and arbitration rules.
Article 17: Force of the Award, Its Deposit and Ratification
• An award made by the arbitral tribunal under these Rules is binding on the parties and final, and has the force of an enforceable judgment before all domestic and international courts once ratified by the competent court.
• The tribunal transmits a copy of its award to the Centre's management, which provides whatever assistance it can in depositing, ratifying or registering the award with the competent court whenever this is required.
Article 26: Exclusion of Liability and Admission to the Lists
• Neither the Centre, nor any of its staff, nor the members of the Board and the Centre's committees, nor the arbitral tribunals are civilly liable for any act or omission resulting from an unintentional error in the course of performing their functions relating to the settlement of disputes.
• Admission to the lists of mediators, arbitrators and experts is by application to the Centre on the prescribed form, supported by documents and the Director's recommendation, and is finally approved by the Executive Committee. An arbitrator, mediator or expert must be a member of the legal profession or the judiciary, or a person of high professional expertise, of high moral character and good reputation, and independent in judgement.