Lex Mercatoria



  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

UNCITRAL Notes on Organizing Arbitral Proceedings



Purpose of the Notes

Non-binding character of the Notes

Discretion in conduct of proceedings and usefulness of timely decisions on organizing proceedings

Multi-party arbitration

Process of making decisions on organizing arbitral proceedings

List of matters for possible consideration in organizing arbitral proceedings

List of Matters for Possible Consideration in Organizing Arbitral Proceedings - Annotations 

1. Set of arbitration rules

If the parties have not agreed on a set of arbitration rules, would they wish to do so

2. Language of proceedings

(a) Possible need for translation of documents, in full or in part

(b) Possible need for interpretation of oral presentations

(c) Cost of translation and interpretation

3. Place of arbitration

(a) Determination of the place of arbitration, if not already agreed upon by the parties

(b) Possibility of meetings outside the place of arbitration

4. Administrative services that may be needed for the arbitral tribunal to carry out its functions

5. Deposits in respect of costs

(a) Amount to be deposited

(b) Management of deposits

(c) Supplementary deposits

6. Confidentiality of information relating to the arbitration; possible agreement thereon

7. Routing of written communications among the parties and the arbitrators

8. Telefax and other electronic means of sending documents

(a) Telefax

(b) Other electronic means (e. g. electronic mail and magnetic or optical disk)

9. Arrangements for the exchange of written submissions

(a) Scheduling of written submissions

(b) Consecutive or simultaneous submissions

10. Practical details concerning written submissions and evidence (e. g. method of submission, copies, numbering, references)

11. Defining points at issue; order of deciding issues; defining relief or remedy sought

(a) Should a list of points at issue be prepared

(b) In which order should the points at issue be decided

(c) Is there a need to define more precisely the relief or remedy sought

12. Possible settlement negotiations and their effect on scheduling proceedings

13. Documentary evidence

(a) Time-limits for submission of documentary evidence intended to be submitted by the parties; consequences of late submission

(b) Whether the arbitral tribunal intends to require a party to produce documentary evidence

(c) Should assertions about the origin and receipt of documents and about the correctness of photocopies be assumed as accurate

(d) Are the parties willing to submit jointly a single set of documentary evidence

(e) Should voluminous and complicated documentary evidence be presented through summaries, tabulations, charts, extracts or samples

14. Physical evidence other than documents

(a) What arrangements should be made if physical evidence will be submitted

(b) What arrangements should be made if an on-site inspection is necessary

15. Witnesses

(a) Advance notice about a witness whom a party intends to present; written witnesses' statements

(b) Manner of taking oral evidence of witnesses

(i) Order in which questions will be asked and the manner in which the hearing of witnesses will be conducted

(ii) Whether oral testimony will be given under oath or affirmation and, if so, in what form an oath or affirmation should be made

(iii) May witnesses be in the hearing room when they are not testifying

(c) The order in which the witnesses will be called

(d) Interviewing witnesses prior to their appearance at a hearing

(e) Hearing representatives of a party

16. Experts and expert witnesses

(a) Expert appointed by the arbitral tribunal

(i) The expert's terms of reference

(ii) The opportunity of the parties to comment on the expert's report, including by presenting expert testimony

(b) Expert opinion presented by a party (expert witness)

17. Hearings

(a) Decision whether to hold hearings

(b) Whether one period of hearings should be held or separate periods of hearings

(c) Setting dates for hearings

(d) Whether there should be a limit on the aggregate amount of time each party will have for oral arguments and questioning witnesses

(e) The order in which the parties will present their arguments and evidence

(f) Length of hearings

(g) Arrangements for a record of the hearings

(h) Whether and when the parties are permitted to submit notes summarizing their oral arguments

18. Multi-party arbitration

19. Possible requirements concerning filing or delivering the award

Who should take steps to fulfil any requirement





SiSU Metadata, document information


SiSU Manifest, alternative outputs etc.

UNCITRAL Notes on Organizing Arbitral Proceedings

United Nations (UN)

copy @ Lex Mercatoria

List of Matters for Possible Consideration in Organizing Arbitral Proceedings - Annotations 

15. Witnesses

(b) Manner of taking oral evidence of witnesses

(iii) May witnesses be in the hearing room when they are not testifying

65. Some arbitrators favour the procedure that, except if the circumstances suggest otherwise, the presence of a witness in the hearing room is limited to the time the witness is testifying; the purpose is to prevent the witness from being influenced by what is said in the hearing room, or to prevent that the presence of the witness would influence another witness. Other arbitrators consider that the presence of a witness during the testimony of other witnesses may be beneficial in that possible contradictions may be readily clarified or that their presence may act as a deterrent against untrue statements. Other possible approaches may be that witnesses are not present in the hearing room before their testimony, but stay in the room after they have testified, or that the arbitral tribunal decides the question for each witness individually depending on what the arbitral tribunal considers most appropriate. The arbitral tribunal may leave the procedure to be decided during the hearings, or may give guidance on the question in advance of the hearings.

  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Lex Mercatoria -->

( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.



Ralph Amissah

Lex Mercatoria