Article 43
Witnesses and Experts: Special Rules
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 procedure to be followed. The parties may participate in the examination.
Minutes shall be kept in accordance with Article 44 of these Rules, mutatis mutandis; and
(c) appoint one or more experts, define their terms of
reference, examine their reports and hear from them in person.
Article 44
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 Tribunal 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 Tribunal, as well as of the replies thereto; and
(i) any order made or announced by the Tribunal.
(2) The minutes of the hearing shall be signed by the
President of the Tribunal and the Secretary-General. These minutes alone shall be
authentic. They shall not be published without the consent of the parties.
(3) The Tribunal may, and at the request of a party
shall, order that the 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.
Article 45
Closure of the Proceeding
(1) When the presentation of the case by the parties is
completed, the proceeding shall be declared closed.
