Part I Commentary on the ICDR International Rules, 23 Article 23—Hearing
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- 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.