Terms of Service
Version 1.0 Effective 11 August 2010

1.         Interpretation

(1)        Unless it is clear from the context that some other meaning is intended:

(a)        “the Agreement” has the same meaning as in rule 1 (a) of the Rules;

“Arbitration” means the resolution of a Dispute by an arbitrator in accordance with the Rules;

“Commencement” means the commencement of the Arbitration;

the Company” means NIPC Ltd. a private company incorporated in England and Wales with limited liability under company number 06223818;        

“Disbursements” means expenses reasonably incurred by the Company in supplying Services to a Party such as room hire, catering, photocopying and transport;

“Dispute” means a dispute between two or more Parties;

“Party” means a party to an Agreement;

“the Rules” means the NIPC Arbitration Rules;

“Services” means the Company’s services such as registering arbitrations, appointing arbitrators, arranging venues and telephone hearings, providing refreshments and generally supporting an Arbitration;

             the Terms” means these terms of service;

          “the Tribunal” has the same meaning as in rule 1 (a) of the Rules.

(b)        masculine pronouns and possessive adjectives connote the feminine and neuter and vice versa; and

(c)        the singular includes the plural and vice versa.

(2)  The headings to the Terms are intended to make the Terms easier to read and neither form part of the Terms nor affect their construction. 

2.       Status of these Terms 
(1)  These are the only terms upon which the Company supplies Services.
(2)  Any other terms, whether oral, written, contained or referred to in instructions, offers to procure Services or otherwise, shall  disregarded.

3.        Commencement (Rule 4)


(1)        An Arbitration begins when a Party:


(a)        serves a request or notice in accordance with rule 4 of the Rules together with Points of Claim upon the opposing Party or Parties;


(b)        lodges copies of such documents with the Company;


(c)        pays the Company’s fee for registering the.commencement of the Arbitration ("the Commencement Fee").


(2)        The request for arbitration must:


(a)        contain the names and addresses of the Parties and their legal representatives if any;


(b)        be accompanied by Points of Claim in accordance with rule 6 (1) of the Rules; and


(c)        annex a copy of the Agreement and any instrument of which the Agreement forms part or to which it refers.

 

4.         Appointment of the Tribunal (Rule 2 (2) (a))


(1)        If the Parties cannot agree the appointment of one or more members of the tribunal within 14 days of  Commencement, either Party may ask the Company to fill the vacancy. 

(2)          The request shall be supported by a witness statement exhibiting correspondence of the Parties attempts to agree the membership of the tribunal.


(3)        The request must be accompanied by a fee for appointing one or more members of the tribunal ("the Appointments Fee").

 

5.         Arbitration File


The Company shall keep a file of its correspondence with the Parties and of any and all documents that it receives under rule 3 (3).

 

6.         Hearings


(1)        The Company will arrange hearings as agreed by the Parties or directed by the Tribunal for which it may charge a fee ("a Hearing Fee").


(2)        The Parties shall be jointly and severally and severally liable for paying such fee and any Disbursements by the Company. 

7.         Payment

(1)  A Party shall pay the Disbursements and any Fee that may remains due within 14 days of receiving the Company's invoice,


(2) Without prejudice to its other rights and remedies, 


(a)    the Company shall be entitled to interest computed on a day to day basis at the annual rate of 3 above the base rate of HBOS Plc for the time being upon any sum that may be due to her from the date such sum may fall due until judgment or sooner payment; and


(b)   an award shall not be published until after payment in full of all sums due to the Company and tribunal whether by way of fees, Disbursements or otherwise.


8.       Force Majeure 
Should the Company be prevented or hindered from performing any obligation by circumstances beyond its reasonable control (including but not limited to terrorism. strikes or other labour dispute) it shall not be liable to the Parties for any loss or damage that the Parties may sustain from such non-performance and the Company shall be excused from such performance while those circumstances persist. 

9.       Severance 
Should any of these provisions be void, voidable or unenforceable on grounds of illegality or as contrary to statute, public policy or ordre public in any part of the United Kingdom or elsewhere, such provision shall be deemed never to have formed part of these Terms but all other provisions shall remain in force. 

10.      Choice of Law 
These Terms shall be construed and enforced in accordance with the laws of England and Wales.