(b) visit the scene connected with the dispute, and conduct
such inquiries there as it may deem appropriate.
Article 44
Any arbitration proceeding shall be conducted in accordance
with the provisions of this Section and, except as the parties otherwise agree, in
accordance with the Arbitration Rules in effect on the date on which the parties consented
to arbitration. If any question of procedure arises which is not covered by this Section
or the Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the
question.
Article 45
(1) Failure of a party to appear or to present his case
shall not be deemed an admission of the other party's assertions.
(2) If a party fails to appear or to present his case at
any stage of the proceedings the other party may request the Tribunal to deal with the
questions submitted to it and to render an award. Before rendering an award, the Tribunal
shall notify, and grant a period of grace to, the party failing to appear or to present
its case, unless it is satisfied that that party does not intend to do so.
Article 46
Except as the parties otherwise agree, the Tribunal shall,
if requested by a party, determine any incidental or additional claims or counterclaims
arising directly out of the subject-matter of the dispute provided that they are within
the scope of the consent of the parties and are otherwise within the jurisdiction of the
Centre.
Article 47
Except as the parties otherwise agree, the Tribunal may, if
it considers that the circumstances so require, recommend any provisional measures which
should be taken to preserve the respective rights of either party.
Section 4
The Award
Article 48
(1) The Tribunal shall decide questions by a majority of
the votes of all its members.
(2) The award of the Tribunal shall be in writing and shall
be signed by the members of the Tribunal who voted for it.
(3) The award shall deal with every question submitted to
the Tribunal, and shall state the reasons upon which it is based.