Hearings - Article 24 - Chamber of Arbitration of Milan Rules: A Commentary

PAOLO MARZOLINI is a practicing Lawyer and Arbitrator; his field of specialisation is International Commercial Arbitration as well as Contract and International Law. He has been involved in several international arbitrations as counsel or arbitrator and in more than 150 arbitrations as administrative secretary to arbitral tribunals. Paolo Marzolini is a member of Lenz & Staehelin international arbitration team.

PAOLO MICHELE PATOCCHI, LL.M., is Partner and Head of the Arbitration Team at Lenz & Staehelin; he is an expert in International Commercial Arbitration as well as Contract and International law. He has served as counsel or arbitrator in international arbitrations in Switzerland (and a significant number of other West and East-European venues). He has been teaching as lecturer in law at the University of Geneva from 1989 to 2007.

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Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 24 – HEARINGS

1. The dates of the hearings shall be determined by the Arbitral Tribunal after consultation with the Secretariat and shall be communicated to the parties.

2. The parties may appear at the hearing either in person or through duly empowered representatives and may be assisted by counsel with power of attorney.

3. Minutes shall be taken of the hearings of the Arbitral Tribunal.

1. Matters Covered by Article 24

1.1. Article 24 of the Milan Rules covers “hearings.” It is contained in Title IV of the Milan Rules titled “The Proceedings.” The scope of Article 24 is broad and includes all types of hearings including the following:

i. the very first hearing which may take place for the constitution of the arbitral tribunal (See Article 21 of the Milan Rules);

ii. any hearings convened to hear the parties, evidence, expert evidence or oral argument on a number of procedural matters or on the merits, such as:

– arbitral jurisdiction (See Article 12 of the Milan Rules);
– interim relief (See Article 22(2) of the Milan Rules);
– consolidation of proceedings (See Article 22(3) of the Milan Rules);
– separation of proceedings (See Article 22(4) of the Milan Rules);
– intervention by or joinder of a third party (See Article 22(5) of the Milan Rules);
– the taking of the evidence (See Article 25 of the Milan Rules) and expert evidence (See Article 26 of the Milan Rules);
– oral argument (See Article 28(2) of the Milan Rules).

Table of Contents:

1. Matters Covered by Article 24
2. Convening a Hearing (Article 24(1) of the Milan Rules)
3. The Parties’ Right of Attendance and Their Right to Be Assisted in Hearings (Article 24(2) of the Milan Rules)
4. Minutes of Hearings (Article 24(3) of the Milan Rules)