Tuesday, July 24, 2018

ARBITRAL PROCEEDINGS


ARBITRAL PROCEEDINGS
Equal treatment of parties Article 17
(1) The parties to proceedings before an arbitral tribunal shall be treated equally.
(2) The parties shall have the right to respond to statements and claims of their adversary.
(3) For the purpose of compliance with the provisions of paragraphs 1 and 2 of this article, arbitrators shall, to the extent necessary and possible, attempt to disclose to the parties their opinions and give appropriate explanations in order to evaluate all relevant factual and legal issues.
 Rules of procedure Article 18
(1) Subject to the provisions of this Law, parties are free to agree, directly or by reference to any established set of rules, a statute or in other appropriate manner, the procedure to be followed by the arbitral tribunal in the conduct of the proceedings.
(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this Law, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the rules of procedure either directly or by reference to a set of rules, a statute or in other appropriate manner, and the power to determine the admissibility, relevance and weight of any evidence.
Place of arbitration Article 19
(1) The parties are free to agree on the place of arbitration.
(2) Failing such agreement, the place of arbitration will be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience for the parties.
(3) If the place of arbitration is not determined pursuant to paragraphs 1 and 2 of this article, the place of arbitration shall be deemed to be the place designated in the award as the place where the award was made.
(4) Notwithstanding the provisions of paragraph 1 and 2 of this article, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods or documents.

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