SECTION 9 — Absence of arbitration agreement

Where, prima facie, there is no arbitration agreement between the parties requiring the application of the present rules of arbitration, if the defendant objects to the arbitration of the Court or does not file a reply within a period of forty five (45) days provided for at Article 6 above, the claimant shall be informed by the Secretary General of his intention to apply to the Court for a decision that the arbitration shall not proceed. The Court shall rule, based on the claimant’s comments submitted within the next thirty (30) days, if the latter deems it necessary to file such comments.