Chapter 1 Chapter 1 — General Provisions
9. Mandatory and non-mandatory provisions(1) The mandatory provisions of this Part 3 and Part 4 are listed in Schedule 2 and have effect notwithstanding any agreement to the contrary.(2) The other provisions of this Part 3 (the “non-mandatory” provisions) allow the parties to make their own arrangements by agreement but shall apply in the absence of such agreement. For the avoidance of doubt, Part 4 does not contain any non-mandatory provisions.(3) The parties may make such arrangements by agreeing to the application of arbitration rules, including those of any institution, or providing any other means by which a matter may be decided.(4) The choice of law other than the law of the Abu Dhabi Global Market as the applicable law in respect of a matter provided for by a non-mandatory provision of this Part 3 is equivalent to an agreement making provision about that matter. For this purpose, an applicable law determined in accordance with the parties’ agreement, or which is objectively determined in the absence of any express or implied choice, shall be treated as chosen by the parties.
10. Receipt of written communications
Unless otherwise agreed by the parties to a dispute:(a) any written communication, notification, or proposal is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence, mailing or electronic address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence, mailing or electronic address by any means which provides a record of the attempt to deliver it;(b) the communication is deemed to have been received on the day it is so delivered; and(c) time periods specified in these Regulations, or to be agreed by the parties or determined by the arbitral tribunal in accordance with these Regulations, shall start to run on the day following the day when a notice or communication is received. If the last day of any such period is an official holiday or a non-business day at the place where the notice or communication is received, the period shall be extended until the first business day which follows. Official holidays and non-business days occurring during the running of the period of time shall otherwise be included for the purposes of calculating the period.
11. Waiver and loss of right to object(1) A party which, knowingly and without a legitimate reason, fails to object to an irregularity before the arbitral tribunal in a timely manner, or if a time limit is provided in any applicable arbitration rules, within such period of time, shall be deemed to have waived its right to object to such irregularity.(2) An objection to an irregularity under subsection (1) shall include any objection (a) that the tribunal lacks substantive jurisdiction, (b) that the proceedings have been improperly conducted, (c) that there has been a failure to comply with the arbitration agreement or with any provision of this Part, or (d) that there has been any other irregularity affecting the tribunal or the proceedings.(3) Where the arbitral tribunal rules that it has substantive jurisdiction and a party to arbitral proceedings who could have questioned that ruling by challenging the award (or pursuant to any other process that may be agreed by the parties), does not do so, or does not do so within the time allowed by the arbitration agreement or any provision of this Part, he may not object later to the tribunal's substantive jurisdiction on any ground which was the subject of that ruling.
12. Extent of court intervention
In matters governed by these Regulations, no court shall intervene except to the extent so provided in these Regulations.
13. Authority of the Court to perform functions of arbitration assistance and supervision
The functions referred to in sections 16, 27, 30, 31, 32, 48, 58, 61 and 62 of these Regulations shall be performed by the Court, while the functions referred to in sections 19(3), 19(4), 19(5), 19(6), 21(2), 22(1), 23(2), 39(2) and 56(5) shall be performed by the Court subject to any process agreed between the parties in the arbitration agreement or by a subsequent written agreement.