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A Guide to the ICDR International Arbitration Rules, 2nd Edition by Gusy, Martin F; Hosking, James M (21st February 2019)

Part I Commentary on the ICDR International Rules, 23 Article 23—Hearing

Martin F Gusy, James M Hosking

From: A Guide to the ICDR International Arbitration Rules (2nd Edition)

Martin F. Gusy, James M. Hosking

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 25 August 2019

Subject(s):
Arbitral tribunals — Arbitration

This chapter studies Article 23, which sets out some basic procedural guidelines for the arbitral hearing—addressing such issues as notice requirements, identification of witnesses, and logistics for witness examination—and vests broad discretion in the tribunal on the conduct of the hearing. While the tribunal typically enjoys a broad discretion in laying the ‘ground rules’ for the hearing, it will also be influenced by several other factors. First, the tribunal may well decide to adopt outright, or at a minimum be guided by, international standard rules on evidential or procedural matters. Second, the arbitral procedure may be influenced by any provisions relating to hearings adopted as part of the arbitration clause or submission to arbitration. Lastly, a tribunal will take note of the provisions relating to hearings that are contained in the applicable arbitration rules.

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