Written and Oral Procedures
Except if the parties otherwise agree, the proceeding shall comprise
two distinct phases: a written procedure followed by an oral one.
Transmission of the Request
As soon as the Tribunal is constituted, the Secretary-General shall transmit
to each member a copy of the request by which the proceeding was initiated,
of the supporting documentation, of the notice of registration and of
any communication received from either party in response thereto.
The Written Procedure
(1) In addition to the request for arbitration, the written procedure
shall consist of the following pleadings, filed within time limits set
by the Tribunal:
(a) a memorial by the requesting party;
(b) a counter-memorial by the other party;
and, if the parties so agree or the Tribunal deems it necessary:
(c) a reply by the requesting party; and
(d) a rejoinder by the other party.
(2) If the request was made jointly, each party shall, within the same
time limit determined by the Tribunal, file its memorial and, if the parties
so agree or the Tribunal deems it necessary, its reply; however, the parties
may instead agree that one of them shall, for the purposes of paragraph
(1), be considered as the requesting party.
(3) A memorial shall contain: a statement of the relevant facts; a statement
of law; and the submissions. A counter-memorial, reply or rejoinder shall
contain an admission or denial of the facts stated in the last previous
pleading; any additional facts, if necessary; observations concerning
the statement of law in the last previous pleading; a statement of law
in answer thereto; and the submissions.
The Oral Procedure
(1) The oral procedure shall consist of the hearing by the Tribunal of the parties, their agents, counsel and advocates, and of witnesses and experts.
(2) Unless either party objects, the Tribunal, after consultation with the Secretary-General, may allow other persons, besides the parties, their agents, counsel and advocates, witnesses and experts during their testimony, and officers of the Tribunal, to attend or observe all or part of the hearings, subject to appropriate logistical arrangements. The Tribunal shall for such cases establish procedures for the protection of proprietary or privileged information.
(3) The members of the Tribunal may, during the hearings, put questions to the parties, their agents, counsel and advocates, and ask them for explanations.
Marshalling of Evidence
Without prejudice to the rules concerning the production of documents,
each party shall, within time limits fixed by the Tribunal, communicate
to the Secretary-General, for transmission to the Tribunal and the other
party, precise information regarding the evidence which it intends to
produce and that which it intends to request the Tribunal to call for,
together with an indication of the points to which such evidence will
Evidence: General Principles
(1) The Tribunal shall be the judge of the admissibility of any evidence
adduced and of its probative value.
(2) The Tribunal may, if it deems it necessary at any stage of the proceeding:
(a) call upon the parties to produce documents, witnesses and experts;
(b) visit any place connected with the dispute or conduct inquiries
(3) The parties shall cooperate with the Tribunal in the production of
the evidence and in the other measures provided for in paragraph (2).
The Tribunal shall take formal note of the failure of a party to comply
with its obligations under this paragraph and of any reasons given for
(4) Expenses incurred in producing evidence and in taking other measures
in accordance with paragraph (2) shall be deemed to constitute part of
the expenses incurred by the parties within the meaning of Article 61(2)
of the Convention.
Examination of Witnesses and Experts
(1) Witnesses and experts shall be examined before the Tribunal by the
parties under the control of its President. Questions may also be put
to them by any member of the Tribunal.
(2) Each witness shall make the following declaration before giving his
"I solemnly declare upon my honour and conscience that I shall speak
the truth, the whole truth and nothing but the truth."
(3) Each expert shall make the following declaration before making his
"I solemnly declare upon my honour and conscience that my statement
will be in accordance with my sincere belief."
Witnesses and Experts: Special Rules
Notwithstanding Rule 35 the Tribunal may:
(a) admit evidence given by a witness or expert in a written deposition;
(b) with the consent of both parties, arrange for the examination of
a witness or expert otherwise than before the Tribunal itself. The Tribunal
shall define the subject of the examination, the time limit, the procedure
to be followed and other particulars. The parties may participate in
Visits and Inquiries;
Submissions of Non-disputing Parties
(1) If the Tribunal considers it necessary to visit any place connected with the dispute or to conduct an inquiry there, it shall make an order to this effect. The order shall define the scope of the visit or the subject of the inquiry, the time limit, the procedure to be followed and other particulars. The parties may participate in any visit or inquiry.
(2) After consulting both parties, the Tribunal may allow a person or entity that is not a party to the dispute (in this Rule called the “non-disputing party”) to file a written submission with the Tribunal regarding a matter within the scope of the dispute. In determining whether to allow such a filing, the Tribunal shall consider, among other things, the extent to which:
The Tribunal shall ensure that the non-disputing party submission does not disrupt the proceeding or unduly burden or unfairly prejudice either party, and that both parties are given an opportunity to present their observations on the non-disputing party submission.
(a) the non-disputing party submission would assist the Tribunal in the determination of a factual or legal issue related to the proceeding by bringing a perspective, particular knowledge or insight that is different from that of the disputing parties;
(b) the non-disputing party submission would address a matter within the scope of the dispute;
(c) the non-disputing party has a significant interest in the proceeding.
Closure of the Proceeding
(1) When the presentation of the case by the parties is completed, the
proceeding shall be declared closed.
(2) Exceptionally, the Tribunal may, before the award has been rendered,
reopen the proceeding on the ground that new evidence is forthcoming of
such a nature as to constitute a decisive factor, or that there is a vital
need for clarification on certain specific points.