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 of the Tribunal a copy of the request by which the proceeding
was commenced, of the supporting documentation, of the notice of registration
of the request and of any communication received from either party in
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. However, the
parties may instead agree that one of them shall, for the purposes of
paragraph (1) of this Article, 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, call upon the parties to produce documents, witnesses and experts.
(3) After consulting both parties, the Tribunal may allow a person or entity that is not a party to the dispute (in this Article 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.
Examination of Witnesses and Experts
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.
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; and
(c) appoint one or more experts, define their terms of reference, examine
their reports and hear from them in person.
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.