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Tribunal or Committee, unless sufficient advance payments shall previously have been made;
(c) if the initial advance payments are insufficient to
cover estimated future
expenses, prior to requesting the parties to make additional advance payments, the
Secretary-General shall ascertain the actual expenses incurred and commitments entered
into by the Centre with regard to each proceeding and shall appropriately charge or credit
the parties;
(d) in connection with every conciliation proceeding,
and in connection with every arbitration proceeding unless a different division is
provided for in the Arbitration Rules or is decided by the parties or the Tribunal, each
party shall pay one half of each advance or supplemental charge, without prejudice to the
final decision on the payment of the cost of an arbitration proceeding to be made by the
Tribunal pursuant to Article 61(2) of the Convention. All advances and charges shall be
payable, at the place and in the currencies specified by the Secretary-General, as soon as
a request for payment is made by him. If the amounts requested are not paid in full within
30 days, then the Secretary-General shall inform both parties of the default and give an
opportunity to either of them to make the required payment. At any time 15 days after such
information is sent by the Secretary-General, he may move that the Commission or Tribunal
stay the proceeding, if by the date of such motion any part of the required payment is
still outstanding. If any proceeding is stayed for nonpayment for a consecutive period in
excess of six months, the Secretary-General may, after notice to and as far as possible in
consultation with the parties, move that the competent body discontinue the proceeding;
(e) in the event that an application for annulment of an
award is registered, the above provisions of this Rule shall apply mutatis mutandis, except
that the applicant shall be solely responsible for making the advance payments requested
by the Secretary-General to cover expenses following the constitution of the Committee,
and without prejudice to the right of the Committee in accordance with Article 52(4) of
the Convention to decide how and by whom expenses incurred in connection with the
annulment proceeding shall be paid.
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