General Procedural Provisions
The Tribunal shall make the orders required for the conduct of the proceeding.
Preliminary Procedural Consultation
(1) As early as possible after the constitution of a Tribunal, its President
shall endeavor to ascertain the views of the parties regarding questions
of procedure. For this purpose he may request the parties to meet him.
He shall, in particular, seek their views on the following matters:
(a) the number of members of the Tribunal required to constitute a
quorum at its sittings;
(b) the language or languages to be used in the proceeding;
(c) the number and sequence of the pleadings and the time limits within
which they are to be filed;
(d) the number of copies desired by each party of instruments filed
by the other;
(e) dispensing with the written or oral procedure;
(f) the manner in which the cost of the proceeding is to be apportioned;
(g) the manner in which the record of the hearings shall be kept.
(2) In the conduct of the proceeding the Tribunal shall apply any agreement
between the parties on procedural matters, which is not inconsistent with
any provisions of the Additional Facility Rules and the Administrative
and Financial Regulations of the Centre.
(1) At the request of the Secretary-General or at the discretion of the
President of the Tribunal, a pre-hearing conference between the Tribunal
and the parties may be held to arrange for an exchange of information
and the stipulation of uncontested facts in order to expedite the proceeding.
(2) At the request of the parties, a pre-hearing conference between the
Tribunal and the parties, duly represented by their authorized representatives,
may be held to consider the issues in dispute with a view to reaching
an amicable settlement.
(1) The parties may agree on the use of one or two languages to be used
in the proceeding, provided that if they agree on any language that is
not an official language of the Centre, the Tribunal, after consultation
with the Secretary-General, gives its approval. If the parties do not
agree on any such procedural language, each of them may select one of
the official languages (i.e., English, French and Spanish) for this purpose.
Notwithstanding the foregoing, one of the official languages of the Centre
shall be used for all communications to and from the Secretariat.
(2) If two procedural languages are selected by the parties, any instrument
may be filed in either language. Either language may be used at the hearing
subject, if the Tribunal so requires, to translation and interpretation.
The orders and the award of the Tribunal shall be rendered and the record
kept in both procedural languages, both versions being equally authentic.
Copies of Instruments
Except as otherwise provided by the Tribunal after consultation with
the parties and the Secretariat, every request, pleading, application,
written observation or other instrument shall be filed in the form of
a signed original accompanied by the following number of additional copies:
(a) before the number of members of the Tribunal has been determined:
(b) after the number of members of the Tribunal has been determined:
two more than the number of its members.
Supporting documentation shall ordinarily be filed together with the
instrument to which it relates, and in any case within the time limit
fixed for the filing of such instrument.
(1) Where required, time limits shall be fixed by the Tribunal by assigning
dates for the completion of the various steps in the proceeding. The Tribunal
may delegate this power to its President.
(2) The Tribunal may extend any time limit that it has fixed. If the
Tribunal is not in session, this power shall be exercised by its President.
(3) Any step taken after expiration of the applicable time limit shall
be disregarded unless the Tribunal, in special circumstances and after
giving the other party an opportunity of stating its views, decides otherwise.
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.
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.