The Tehran Regional Arbitration Centre (hereinafter referred to as the Centre) is established pursuant to the Agreement (the Agreement) dated 3 May 1997, between the Islamic Republic of Iran and the Asian-African Legal Consultative Organization (hereinafter referred to as AALCO) and its objectives are as follow:
I. Conducting arbitration under the auspices of the Centre;
II. Promotion of international commercial arbitration in the region;
III. Coordinating the activities of, and offering assistance to, the existing arbitration institutions in the region;
IV. Providing assistance to ad hoc arbitrations, including acting as appointing authority, particularly in cases where they are taking place in accordance with the UNCITRAL Rules; and
V. Providing assistance in the enforcement of arbitral awards;
VI. Providing assistance in the settlement of disputes.
Article 2. Administration
2.1. The Centre shall be administered by a Director who shall be appointed in accordance with the Agreement.
2.2. The Director shall have all necessary powers for the application of the Rules of Arbitration and the Internal Regulations. He shall be assisted in his works by a Secretariat.
2.3. The Director shall implement the Rules of Arbitration and the Internal Regulations with independence and impartiality, and shall consult with the Arbitration Board, on all matters relating to the implementation of the Rules of Arbitration and especially its Articles 9, 10 and 11, as well as on other matters provided for under the Internal Regulations.
2.4. Decisions on a challenge of an arbitrator pursuant to Article 10.7 of the Rules of Arbitration shall be made by a committee comprising three members of the Arbitration Board. The members of the committee shall be appointed by the Director. They shall be independent from the parties and the arbitrators involved.
Article 3. Arbitration Board
3.1. The Arbitration Board shall consist of qualified lawyers of high standing and integrity with experience in international arbitration.
3.2. Members of the Arbitration Board shall be appointed by the Director, after consultation with the Secretary-General of the AALCO. Members of the Arbitration Board may be appointed up to one third from amongst nationals of countries other than the member States of the AALCO.
3.3. Members of the Arbitration Board shall be appointed for three years. If a member resigns or is no longer in a position to exercise his functions, his successor shall be appointed in accordance with the above paragraph for the remainder of the term.
Article 4. Confidentiality
4.1. The Director, the members of the Secretariat and the members of the Arbitration Board shall respect the confidential nature of the work of the Centre and the documents submitted by the parties or the arbitrators in relation to cases administered under the auspices of the Centre. They shall in particular refrain from disclosing any information or document that has been communicated to them in connection with their duties under the Rules of Arbitration or the Internal Regulations.
4.2. For the purposes of promoting international arbitration, the Centre may publish with the consent of the parties, the full text of the Awards, or their extracts, after having deleted the names and other such references that may give an indication as to the identity of the parties. Business secrets shall also be deleted in case of publication of Awards.
Article 5. Participation of the Members of the Centre in Arbitrations
5.1. The Director and the members of the Secretariat shall not act as arbitrator or as counsel in cases submitted to the Centre.
5.2. The Centre shall not appoint members of the Arbitration Board as arbitrator.
5.3. Members of the Arbitration Board may however be appointed by either of the parties as counsel or arbitrator. In such events, and more generally when a member of the Arbitration Board is involved in any capacity in proceedings pending before the Centre, he shall immediately inform the Director of such involvement, and shall refrain from participating in the discussions or in the recommendations of the Arbitration Board concerning such proceedings. He shall further refrain from participating in the meetings of the Arbitration Board whenever matters in relation to those proceedings are discussed and shall not receive any documentation or information pertaining to such proceedings.
Article 6. Modification of the Rules of Arbitration
Whenever necessary, the Director may, after consultation with the Arbitration Board, suggest modifications to the Rules of Arbitration or the Internal Regulations. The modifications shall be submitted to the Secretary General of the AALCO and shall become effective after his approval.
Article 7. Other Rules
The Director may, in consultation with the Arbitration Board and the Secretary General of the AALCO, prepare rules for alternative dispute resolution mechanisms.