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1994年意大利仲裁协会仲裁规则(25)
www.110.com 2010-07-21 16:36

 

Article 26 PREPARATION OF THE CASE

 

1.  The arbitrator shall proceed with the preparation of the case in as short a time as possible.
2.  The arbitrator, upon his own initiative or at the request of a party, can set one or more hearings in order to hear the parties and the witnesses and to acquire any other element pertinent to the case.
When the arbitrators are more than one, the arbitral tribunal may delegate one of the arbitrators to collect evidence.
3.  The arbitrator may appoint experts, request information from public authorities and apply to the judicial authorities for the assistance permitted by law. He can proceed to the taking of evidence upon his own initiative or at the request of the parties, provided always he ensures the respect of the principle of audietur et altera pars (due process).
If an expert has been appointed, the Secretariat, at the arbitrator's request, shall request from the parties an additional deposit to cover foreseeable expenses, in accordance with the provisions of Article 11.
4.  Once the evidence gathering phase has been completed, the arbitrator may invite the parties to submit additional pleadings in writing and may hold a hearing for oral discussion.
5.  The arbitrator may, without holding any hearings, render his decision on the basis of the documents alone if the parties so request or consent thereto in writing, also in the course of the proceedings, provided the parties shall always have the right to submit pleadings in the manner and within the time-limits set by the arbitrator.

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