Arbitral Proceedings - Swiss Rules of International Arbitration - 2nd Edition

Author(s): 

Cesare Jermini

Andrea Gamba

Bernhard Berger

Stefanie Pfisterer

Gabrielle Nater-Bass

Christina Rouvinez

Christian Oetiker

Noradèle Radjai

Page Count: 

160 pages

Media Description: 

1 PDF Download

Published: 

August, 2013

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Description: 

Originally from Swiss Rules of International Arbitration - 2nd Edition

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Article 15

 

1. Subject to these Rules, the arbitral tribunal may conduct the arbitration

in such manner as it considers appropriate, provided that

it ensures equal treatment of the parties and their right to be

heard.

 

2. At any stage of the proceedings, the arbitral tribunal may hold

hearings for the presentation of evidence by witnesses, including

expert witnesses, or for oral argument. After consulting with the

parties, the arbitral tribunal may also decide to conduct the proceedings

on the basis of documents and other materials.

 

3. At an early stage of the arbitral proceedings, and in consultation

with the parties, the arbitral tribunal shall prepare a provisional

timetable for the arbitral proceedings, which shall be provided to

the parties and, for information, to the Secretariat.

 

4. All documents or information provided to the arbitral tribunal by

one party shall at the same time be communicated by that party

to the other parties.

 

5. The arbitral tribunal may, after consulting with the parties, appoint

a secretary. Articles 9 to 11 shall apply to the secretary.

 

6. The parties may be represented or assisted by persons of their

choice.

 

7. All participants in the arbitral proceedings shall act in good faith,

and make every effort to contribute to the efficient conduct of the

proceedings and to avoid unnecessary costs and delays. The parties

undertake to comply with any award or order made by the arbitral

tribunal or emergency arbitrator without delay.

 

8. With the agreement of each of the parties, the arbitral tribunal

may take steps to facilitate the settlement of the dispute before it.

Any such agreement by a party shall constitute a waiver of its right

to challenge an arbitrator's impartiality based on the arbitrator's

participation and knowledge acquired in taking the agreed steps.