'1. The Arbitrator has jurisdiction, under Article 23 of the 1CC Rules, to decide on the conservatory measures requested by the Respondent. Since the application of November 18th, both Parties have amply exposed their arguments on the matter.

2. It is not excluded that, in exceptional circumstances, the Arbitrator may have the power to depart from the ordinary rules that govern the advance on costs. The circumstances of the present case are not, however, deemed to be exceptional.

3. The Respondent believes that the Claimant "... cannot meet the costs of the present arbitration especially if it were eventually ordered to bear all of them". Yet, there is nothing in the conduct of the Claimant to lead one to that assumption, since it has so far honoured in a timely manner its share in the advance on costs. A difficult -financial situation is not an indication of a party's inability or unwillingness to pay the costs of arbitration, and the worries of a party are not sufficient reason to motivate a preliminary inquiry into the financial status of the adverse party.

4. The Respondent has partially challenged the jurisdiction of the Court and for that reason it requests-further to an order for the Claimant to provide extraordinary security for costs-relief from its own advance, since it claims that it would be unfair to pay in advance "...for something that cannot happen". The framework of arbitration would hardly operate if such argument was to be accepted. Both parties are normally convinced, in good faith, of their rights and of the weight of their arguments. Neither of the parties could use such a fundamental premise as a reason to avoid paying its share and to transfer the burden of the advance on costs entirely to the other party.

5. The requests of the Respondent referring to the Claimant's and to its own advance on costs are dismissed. The Parties are asked to proceed according to the Court's determinations. The Terms of Reference and the provisional timetable will consequently be drafted and submitted to the Parties.'