after giving the other party an opportunity of stating its views, decides otherwise.

Article 34
Waiver

A party which knows or ought to have known that a provision of these Rules, of any other rules or agreement applicable to the proceeding, or of an order of the Tribunal has not been complied with and which fails to state promptly its objections thereto, shall be deemed to have waived the right to object.

Article 35
Filling of Gaps

If any question of procedure arises which is not covered by these Rules or any rules agreed by the parties, the Tribunal shall decide the question.

CHAPTER VII
WRITTEN AND ORAL PROCEDURES

Article 36
Normal Procedures

Except if the parties otherwise agree, the proceeding shall comprise two distinct phases: a written procedure followed by an oral one.

Article 37
Transmission of the Notice

As soon as the Tribunal is constituted, the Secretary-General shall transmit to each member of the Tribunal a copy of the notice by which the proceeding was commenced, of the supporting documentation, of the certificate of registration of notice and of any communication received from either party in response thereto.

Article 38
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 Claimant;

(b) a counter-memorial by the Respondent; and, if the parties so agree or the Tribunal deems it necessary:

(c) a reply by the Claimant; and

(d) a rejoinder by the Respondent.

(2) If the request was made jointly, each party shall, within the same time limit determined by the Tribunal, file its memorial. How-

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