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Hearing


The arbitral tribunal shall examine the case in the way that it deems appropriate unless otherwise agreed by the parties. Under any circumstance, the arbitral tribunal shall act impartially and fairly and shall offer reasonable opportunities to all parties for presentations and debates.

The arbitral tribunal shall hold oral hearings when examining the case. However, oral hearings may be omitted and the case shall be examined on the basis of documents only if the parties so request or agree and the arbitral tribunal also deems that oral hearings are unnecessary. Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach when examining the case, having regard to the circumstances of the case. The arbitral tribunal may hold deliberation at any place or in any manner that it considers appropriate.

The arbitral tribunal may, if it considers it necessary, issue procedural directions and lists of questions, hold pre-hearing meetings and preliminary hearings, and produce terms of reference, etc., unless otherwise agreed by the parties.

The parties shall send their representative(s) or authorized agent(s) to attend the hearing. If the Respondent fails to appear at an oral hearing without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration and make a default award. If the Claimant fails to appear at an oral hearing without showing sufficient cause for such failure, the Claimant may be deemed to have withdrawn its Request for Arbitration.



 






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