y request a party to expound upon any written comments to the SCC Institute. If the Claimant fails to comply with such a request, the SCC Institute may decide to dismiss the case. If the Respondent fails to comply with a request to expound upon a counterclaim, the counterclaim may be dismissed by the SCC Institute. Failure by the Respondent otherwise to comply with a request to expound upon a written statement shall not prevent the arbitral proceedings from continuing.
(2) If the SCC Institute has requested a party to perform any act within a specified period of time, such period of time may be extended by the SCC Institute.
Article 12
Notice
(1) Any notice or other communication from the SCC Institute shall be delivered to the last known address of the addressee.
(2) Any notice or other communication shall be delivered by courier or registered mail, facsimile transmission, e-mail or by any other means of communication that provides a record of the sending thereof.
(3) A notice or communication sent in accordance with paragraph two shall be deemed to have been received, by the addressee, at the latest on the date it would normally have been received given the chosen means of communication.
Article 13
Appointment of Arbitrators and Place of Arbitration
When the exchange of written submissions pursuant to Articles 5 - 11 has been concluded, the SCC Institute shall
(i) decide the number of arbitrators, if not agreed by the parties;
(ii) when so required pursuant to Article 16, appoint a sole arbitrator or chairman of the Arbitral Tribunal and, if necessary, a co-arbitrator;
(iii) decide the Place of Arbitration, if not agreed upon by the parties; and
(iv) fix the Advance on Costs pursuant to Article 14.
Article 14
Advance on Costs
(1) The Advance on Costs shall be equivalent to the estimated amount of the Arbitration Costs pursuant to Article 39.
(2) Each party shall contribute half of the Advance on Costs. The SCC Institute may fix separate amounts for counterclaims and set-off claims. After notification by the Arbitral Tribunal, the SCC Institute may, in the course of the proceedings, decide that additional amounts are to be paid.
(3) If a party fails to make a required payment, the SCC Institute shall afford the other party an opportunity to do so within a specified period of time. If the required payment is not made, the case shall be dismissed either wholly or partly to such extent as is attributable to the missing payment.
(4) The SCC Institute may during or after the proceedings draw on the Advance on Costs to cover the fees of the arbitrator(s) and other arbitration costs.
(5) The SCC Institute may decide that the Advance on Costs may partly consist of a bank guarantee or other form of security.
Article 15
Referral of a Case to the Arbitral Tribunal
When the Arbitral Tribunal has been appointed and the Advance on Costs has been paid, the SCC Institute shall refer the case to the Arbitral Tribunal.
Composition of Arbitral Tribunals
Article 16
Number of Arbitrators and Manner of their Appointment
(1) The parties are free to determine the number of arbitrators. Where the parties have not agreed on the number of arbitrators, the Arbitral Tribunal shall consist of three arbitrators, unless the SCC Institute, taking into account, inter alia, the complexity of the case, the amount in dispute and other circumstances, decides that the dispute is to be settled by a sole arbitrator.
(2) Where the Arbitral Tribunal shall consist of more than one arbitrator, each party shall appoint an e
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