Document ID: chunk:federal_register_of_legislation:C2022C00086:schedule:2:p12
Version: federal_register_of_legislation:C2022C00086
Segment Type: schedule
Provision Reference: sch 2 (pt 12/17)
Character Range: 99479–102290

hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party.

(2) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property or documents.

(3) All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party. Also any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.

Article 25.  Default of a party

Unless otherwise agreed by the parties, if, without showing sufficient cause,

 (a) the claimant fails to communicate his statement of claim in accordance with article 23(1), the arbitral tribunal shall terminate the proceedings;

 (b) the respondent fails to communicate his statement of defence in accordance with article 23(1), the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant's allegations;

 (c) any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.

Article 26.  Expert appointed by arbitral tribunal

(1) Unless otherwise agreed by the parties, the arbitral tribunal

 (a) may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal;

 (b) may require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.

(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.

Article 27. Court assistance in taking evidence

The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court of this State assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence.

CHAPTER VI.  MAKING OF AWARD AND
TERMINATION OF PROCEEDINGS

Article 28.  Rules applicable to substance of dispute

(1) The arbitral tribunal shall decide the dispute in accordance with such rules of law