Section 137p. 137

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

statement of claim and statement of defence) should not

exceed forty-five days. However, the arbitral tribunal may

extend the time-limits if it concludes that an extension is

justified.

ARTICLE 24

Evidence and Hearings

1. Each party shall have the burden of proving the facts

relied on to support his claim or defence.

2. The arbitral tribunal may, if it considers it appropriate,

require a party to deliver to the tribunal and to the other

party, within such a period of time as the arbitral tribunal

shall decide, a summary of the documents and other

evidence which that party intends to present in support

of the facts in issue set out in his statement of claim or

statement of defence.

3. At any time during the arbitral proceedings the arbitral

tribunal may require the parties to produce documents,

exhibits or other evidence within such a period of time as

the tribunal shall determine.

ARTICLE 25

Evidence and Hearings

1. In the event of an oral hearing, the arbitral tribunal shall

give the parties adequate advance notice of the date,

time and place thereof.

2. If witnesses are to be heard, at least fifteen days before

the hearing each party shall communicate to the arbitral

tribunal and to the other party the names and addresses

of the witnesses he intends to present, the subject upon

and the languages in which such witnesses will give their

testimony.

3. The arbitral tribunal shall make arrangements for the

translation of oral statements made at a hearing and for a

record of the hearing if either is deemed necessary by the

tribunal under the circumstances of the case, or if the

parties have agreed thereto and have communicated

such agreement to the tribunal at least fifteen days

before the hearing.

4. Hearings shall be held in camera unless the parties

agree otherwise. The arbitral tribunal may require the

retirement

of

any

witness

or

witnesses

during

the

testimony of other witnesses. The arbitral tribunal is free

to

determine

the

manner

in

which

witnesses

are

examined.

5. Evidence of witnesses may also be presented in the

form of written statements signed by them.

6. The arbitral tribunal shall determine the admissibility,

relevance, materiality and weight of the evidence offered.

ARTICLE 26

Interim Measures of Protection

1. At the request of either party, the arbitral tribunal may

take any interim measures it deems necessary in respect

of the subject-matter of the dispute, including measures

for

the

conservation

of

the

goods

forming

the

subject-matter in dispute, such as ordering their deposit

with a third person or the sale of perishable goods.

2. Such interim measures may be established in the form

of an interim award. The arbitral tribunal shall be entitled

to require security for the costs of such measures.

3. A request for interim measures addressed by any party

to a judicial authority shall not be deemed incompatible

with the agreement to arbitrate, or as a waiver of that

agreement.

ARTICLE 27

Experts

1. The arbitral tribunal may appoint one or more experts

to

report to it, in writing, on specific issues to be

determined by the tribunal. A copy of the expert's terms

of reference, established by the arbitral tribunal, shall be

communicated to the parties.

2.

The

parties

shall

give

the

expert

any

relevant

information or produce for his inspection any relevant

documents or goods that he may require of them. Any

dispute between a party and such expert as to the

relevance of the required information or production shall

be referred to the arbitral tribunal for decision.

3. Upon receipt of the expert's report, the arbitral tribunal

shall communicate a copy of the report to the parties

who shall be given the opportunity to express, in writing,

their opinion on the report. A party shall be entitled to

examine any document on which the expert has relied in

his report.

4. At the request of either party the expert, after delivery

of the report, may be heard at a hearing where the

parties shall have the opportunity to be present and to

interrogate the expert. At this hearing either party may

present expert witnesses in order to testify on the points

at issue. The provisions of article 25 shall be applicable to

such proceedings.

ARTICLE 28

Default

1. If, within the period of time fixed by the arbitral tribunal,

the claimant has failed to communicate his claim without

showing sufficient cause for such failure, the arbitral

tribunal shall issue an order for the termination of the

arbitral proceedings. If, within the period of time fixed by

the

arbitral

tribunal,

the

respondent

has

failed

to

communicate his statement of defence without showing

sufficient cause for such failure, the arbitral tribunal shall

order that the proceedings continue.

2. If one of the parties, duly notified under these Rules,

fails to appear at a hearing, without showing sufficient

cause for such failure, the arbitral tribunal may proceed

with the arbitration.

3.

If

one

of

the

parties,

duly

invited

to

produce

documentary

evidence,

fails

to

do

so

within

the

established period of time, without showing sufficient

cause for such failure, the arbitral tribunal may make the

award on the evidence before it.

ARTICLE 29

Closure of Hearings

1. The arbitral tribunal may inquire of the parties if they

have any further proof to offer or witnesses to be heard or

submissions to make and, if there are none, it may

declare the hearings closed.

2. The arbitral tribunal may, if it considers it necessary

owing to exceptional circumstances, decide, on its own

motion or upon application of a party, to reopen the

hearings at any time before the award is made.

ARTICLE 30

Waiver of Rules

A party who knows that any provision of, or requirement

under, these Rules has not been complied with and yet

proceeds with the arbitration without promptly stating

his objection to such non-compliance, shall be deemed to

have waived his right to object.

SECTION IV The Award

ARTICLE 31

Decisions

1. When there are three arbitrators, any award or other

decision of the arbitral tribunal shall be made by a

majority of the arbitrators.

2. In the case of questions of procedure, when there is no

majority or when the arbitral tribunal so authorizes, the

presiding arbitrator may decide on his own, subject to

revision, if any, by the arbitral tribunal.

ARTICLE 32

Form and Effect of the Award

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