Chapter IV
Conduct of Arbitral Proceedings

Section 25.
The parties shall, in the arbitral proceedings, be treated equally and shall be given an opportunity to present witnesses, evidences and defenses as suitable for the circumstances of the case.

If there is no agreement between the parties or there is no provision of this Act to cope with, the arbitral tribunal may conduct the arbitral proceedings as it think fit.  The arbitral tribunal, in this case, shall be empowered to determine the admissibility and weight of any evidence.

For the purpose of this chapter, the arbitral tribunal may apply the provisions on witness and evidence of the Civil Procedure Code to the arbitral proceedings mutatis mutandis.

Section 26.
The parties may agree upon the place of arbitration.  If there is no such agreement, the place of arbitration shall be determined by the arbitral tribunal after having considered the circumstances of the case and convenience of the parties.

Unless otherwise agreed by the parties, the arbitral tribunal may determine any place, other than the place as prescribed in paragraph one, for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods, places, or any documents.

Section 27.
In the settlement of dispute by arbitration, it shall be deemed that the dispute has been referred to the arbitral tribunal according to the provision of Section 193/14 (4) of the Civil and Commercial Code. The arbitral proceedings shall commence when:

(1)   a party receives a written request to refer such dispute to arbitration from the others;
(2)   a party informs in writing to the others so as to appoint the arbitrator or to consent to the appointment of arbitrator to settle the dispute;
(3)   in the case where the arbitral tribunal has been appointed by the arbitration agreement, a party informs in writing the dispute to be settled to the arbitral tribunal;
(4)   a party submits the dispute to an institution established to settle the dispute by arbitration as agreed.

Section 28.
The parties may agree on the language to be used in the arbitral proceedings.  If there is no such agreement, the language to be used shall be determined by the arbitral tribunal. Unless otherwise agreed, such agreement or determination shall be applied to any statements, objections, written statements of the parties, hearings, awards, decisions and other communication made by or made to the arbitral tribunal.

The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language agreed upon by the parties or as determined by the arbitral tribunal.

Section 29.
Within the period as agreed upon by the parties or as determined by the arbitral tribunal, the claimant shall state the facts supporting his or her claim, the points at issue and the relief or remedy sought, and the respondent shall state his or her defenses in respect of these particulars, unless the parties have otherwise agreed. In this regards, the parties may submit therewith a relevant documents or lists of evidences referring to the documents or other evidences they intend to cite as evidence.

Unless otherwise agreed by the parties, a party may amend his or her claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers whether it is inappropriate to allow such amendment with regard to the delay to be incurred.

Section 30.
Unless otherwise agreed by the parties, the arbitral tribunal shall determine whether to hold hearings orally or in writing, or whether the proceedings shall be conducted on the basis of documents or other evidences.

The arbitral tribunal shall have the power to hold hearings under paragraph one at an appropriate stage of the proceedings if so requested by a party, unless the parties agreed that no hearings, whether in oral or in writing shall be held.

The arbitral tribunal shall inform the parties, with sufficient advance notice, the date for hearings and inspecting of any objects, places or other documents.

All statements, defenses, requests, documents, or information submitted to the arbitral tribunal by one party shall be delivered to the others. Any expert reports or evidences on which the arbitral tribunal may rely upon in making its award shall also be delivered to the parties.

Section 31.
Unless otherwise agreed by the parties, the arbitral tribunal shall:
(1)   terminate the proceedings if the claimant fails to deliver his or her statement of claim in accordance with Section 29 paragraph one;
(2)   continue the arbitral proceedings if the respondent fails to deliver his or her statement of defense in accordance with Section 29 paragraph one. In this regards, the failure to deliver the statement of defense shall not be treated as an admission of the allegations of the claimant;
(3)   continue the arbitral proceedings and make the award if any party fails to appear at a hearing or the appointed date or fails to produce any evidence.

The arbitral tribunal shall have the power to inquire any matters as it thinks fit, including the reason why the respondent fails to deliver his or her statement of defense or fails to appear at the hearings or the appointed date, before making decision to get along with the proceedings under paragraph one.

Next Page
[1]  [2]  [3]  [4]  [5]  [6]  [7]