• Section 6: Section 6: Conduct of Arbitral Proceedings

    • Article 24 - Equal treatment of parties

      The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.

    • Article 25 - Determination of rules of procedure

      (1) Subject to the provisions of these Regulations, the parties are free to agree on the procedure to be followed by the Arbitral Panel in conducting the proceedings.
      (2) Failing such agreement, the Arbitral Panel may, subject to the provisions of these Regulations, conduct the Arbitration in such manner as it considers appropriate. The power conferred upon the Arbitral Panel includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

    • Article 26 - Seat of Arbitration

      (1) The parties are free to agree on the Seat of Arbitration. Failing such agreement, the Seat shall be determined by the Arbitral Panel or, in the case of an Administered Arbitration, the arbitral institution, having regard to the circumstances of the case, including the convenience of the parties.
      (2) Notwithstanding the provisions of paragraph 26(1) of this Article, the Arbitral Panel may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents relevant to the dispute.

    • Article 27 - Commencement of arbitral proceedings

      Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to Arbitration is received by the respondent.

    • Article 28 - Language

      (1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the Arbitral Panel shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall thereafter apply to any written statement by a party, any hearing and any award, decision or other communication by the Arbitral Panel.
      (2) The Arbitral Panel may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the Arbitral Panel.

    • Article 29 - Statements of claim and defence

      (1) Within the period of time agreed by the parties or determined by the Arbitral Panel, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.
      (2) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the Arbitral Panel considers it inappropriate to allow such amendment having regard to the delay in making it.

    • Article 30 - Hearings and written proceedings

      (1) Subject to any contrary agreement by the parties, the Arbitral Panel shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearing shall be held, the Arbitral Panel shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party.
      (2) The parties shall be given sufficient advance notice of any hearing and of any meeting of the Arbitral Panel for the purposes of inspection of goods, other property or documents relevant to the dispute.
      (3) All statements, documents or other information supplied to the Arbitral Panel by one party shall be communicated to the other party. Also any expert report or evidentiary document on which the Arbitral Panel may rely in making its decision shall be communicated to the parties.

    • Article 31 - Default of a party

      Unless otherwise agreed by the parties, if, without showing sufficient cause:

      (1) the claimant fails to communicate his statement of claim in accordance with Article 29(1), the Arbitral Panel may terminate the proceedings;
      (2) the respondent fails to communicate his statement of defence in accordance with Article 29(1), the Arbitral Panel shall continue the proceedings without treating such failure in itself as an admission of the claimant's allegations; and
      (3) any party fails to appear at a hearing or to produce documentary evidence, the Arbitral Panel may continue the proceedings and make the Award on the evidence before it.

    • Article 32 - Expert appointed by Arbitral Panel

      (1) Unless otherwise agreed by the parties, the Arbitral Panel:
      (A) may appoint one or more experts to report to it on specific issues to be determined by the Arbitral Panel; and
      (B) may require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.
      (2) Unless otherwise agreed by the parties, if a party so requests or if the Arbitral Panel considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.

    • Article 33 - Court assistance in taking evidence

      The Arbitral Panel or a party with the approval of the Arbitral Panel may request from the QFC Tribunal assistance in taking evidence. The QFC Tribunal may execute the request within its competence and according to its rules on taking evidence.