§ 172.111.Hearings

Whether there is a hearing at all, and who gets to insist on one.

The tribunal decides in the first instance. Except as agreed, it decides whether to hold oral hearings for evidence or argument, or to conduct the arbitration on documents and other materials.

Documents-only arbitration is a real option. Many international disputes turn on contracts and correspondence, and a documents-only procedure saves the cost of assembling everyone in one place.

A party can insist on a hearing. Unless the parties agreed that oral hearings are not to be held, the tribunal shall hold one on a party’s request at an appropriate stage.

That right is strong but waivable in advance. Only an agreement against oral hearings displaces it, and the tribunal’s own preference does not.

The tribunal keeps control of the timing, holding the hearing at an appropriate stage of the arbitration.

Notice is required for hearings and meetings alike. Each party must be given sufficient advance notice of a hearing or a meeting of the tribunal.

The notice provision names its purpose — to permit inspection of documents, goods or other property.

The section works with the mandatory guarantees. A full opportunity to present a case under Section 172.101 is hard to reconcile with refusing a requested hearing.

Hearings are private. Section 172.112 requires the tribunal to hold an oral hearing or meeting in camera except as agreed.