§ 172.113.Written Information

The no-secret-material rule, in two subsections.

What one party gives the tribunal, the other party sees. A statement, document or other information supplied to the tribunal, or an application made to it, is communicated to the other party.

Applications are included. A request for interim relief or a procedural order goes to the other side as well.

The second subsection covers what the tribunal itself gathers. An expert report or evidentiary document on which the tribunal may rely must be communicated to each party.

That reaches material the parties did not supply, including the report of a tribunal-appointed expert under Section 172.116.

The test is reliance. A document the tribunal may rely on in making a decision has to be shared, whatever its source.

The rule serves the mandatory guarantee. A full opportunity to present a case under Section 172.101 is impossible against material a party has not seen.

It is not qualified by party agreement. The section is stated flatly, unlike most of this subchapter.

Section 172.116(b) supplies the hearing counterpart, letting each party question a tribunal-appointed expert and present its own expert witness.

The rule applies to communications in both directions. What a party sends the tribunal reaches the other party, and what the tribunal gathers reaches both.

Practice makes this routine. Correspondence in an international arbitration is ordinarily copied to everyone, and the section makes the habit a requirement.