(3) If a witness or expert is unable to appear before it, the Commission, in agreement with the parties, may make appropriate arrangements for the evidence to be given in a written deposition or to be taken by examination elsewhere. The parties may participate in any such examination, and minutes shall be kept in accordance with Article 39 of these Rules, mutatis mutandis.

Article 39
Minutes

(1) The Secretary-General shall keep minutes of all hearings; these shall include:

(a) the place, date and time of the hearing;

(b) the names of the members of the Commission present;

(c) the designation of each party present;

(d) the names of the agents, counsel and advocates present;

(e) the names, descriptions and addresses of the witnesses and experts heard;

(f) a summary record of the evidence produced;

(g) a summary record of the statements made by the parties;

(h) a summary record of questions put to the parties by the members of the Commission, as well as the replies thereto; and

(i) any order or recommendation made or announced by the Commission.

(2) The minutes of the hearing shall be signed by the President of the Commission and the Secretary-General. These minutes alone shall be authentic. They shall not be published without the consent of the parties.

(3) The Commission may, and at the request of a party shall, order that hearings be more fully recorded, in which event items (f), (g) and (h) listed in paragraph (1) of this Article may be omitted from the minutes.

CHAPTER VIII
TERMINATION OF THE PROCEEDING

Article 40
Objections to Competence

(1) The Commission shall have the power to rule on its competence.

(2) Any objection that the dispute is not within the competence of the Commission, shall be filed by a party with the Secretary-General as soon as possible after the constitution of the Commission and in any event no later than in its first written statement or at the

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