Part I Commentary on the ICDR International Rules, 27 Article 27—Closure of Hearing
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Arbitral tribunals — Arbitration
This chapter looks at Article 27 of the ICDR Rules. The purpose of Article 27(1) is to provide a mechanism for closing the hearing stage of the arbitration. One ambiguity in Article 27 is whether the close of the ‘hearing’ is intended to cover only the oral hearing or also any additional post-hearing submissions and evidence tendered. Additionally, Article 27(2) gives the tribunal the discretion, of its own motion or upon application of one of the parties, to reopen the hearings at any time before the award is made. In any event, it is likely to be applied only rarely. Appropriate circumstances might arise, for example, where the tribunal’s deliberations have thrown up an issue not adequately covered in the hearing to date, where previously unavailable evidence has come to light, or where a post-hearing development has arisen that affects the issues in dispute.