Article 31:
Either of the two arbitrating parties may amend or complete his claims or defences during the course of the arbitration such amendment to avoid delaying adjudication of the dispute.
Article 32:
a. The arbitral tribunal shall hold hearings to enable each of the two parties to explain the subject-matter of the case and to submit his arguments and evidence and, unless the parties have otherwise agreed, the tribunal may consider that the submission of (written) memoranda and documents is sufficient (for adjudicating the dispute).
b. The two arbitrating parties shall be notifiyed of the date of hearings and meetings, which has been decided by the arbitral tribunal, and this shall be made before a sufficient time of such date according to the tribunal’s judgement.
c. The minutes of each hearing held by the arbitral tribunal shall be recorded in writing and a copy thereof shall be delivered to each of the two parties.
d. The hearing of witnesses and experts shall be conducted under oath as in the form determined by the tribunal.
e. The arbitral tribunal may accept the oath of a witness by a written testimony before any authority accredited in the country in which the testimony has been made according to the law of that country(7).
Article 33:
a. If the claimant fails to submit his statement of claim according to Article (29/a) of this law without (showing) sufficient cause, the arbitral tribunal may decide to terminate the arbitral proceedings unless otherwise agreed by the two parties.
b. If the respondent fails to submit his statement of defense in accordance with Article (29/b) of this law, the arbitral tribunal shall continue the proceedings without treating this in itself as an admission by the respondent of the claimant’s claim.
c. If either party fails to appear at any hearing or to submit the documents requested from him, the arbitral tribunal may continue the proceedings and make the award on the evidence available before it.
Article 34:
a. The arbitral tribunal may appoint one or more experts to submit to it a written or an oral report on specific issues determined by the tribunal, and such appointment shall be recorded in the minutes of the (relevant) meeting (or hearing). The arbitral tribunal shall notify each of the two parties of its decision designating the mission entrusted to the expert.
b. Each of the two parties shall submit to the expert the information related to the dispute and shall enable him to inspect and examine what he requires of documents, goods and other property related to the dispute. The arbitral tribunal shall adjudicate any dispute arising between the expert and either of the two parties.
c. The arbitral tribunal, as soon as the expert’s report is deposited with it, shall send such report to each of the two parties to give him the opportunity to express his view in respect of the report, and each of them is entitled to review and check the documents on which the expert has relied.
d. Following submission of the expert’s report, the arbitral tribunal may, by its own motion or upon request of either party, hold a hearing to hear and examine the expert in respect of what is stated in the report. Each of the two parties is entitled to present, in that hearing, his own expert or experts to express an opinion on the matters stated in the report of the expert appointed by the court, unless otherwise agreed by the two arbitrating parties.
Article 35:
The proceedings before the arbitral tribunal shall suspend in accordance with the situations and conditions provided for in the Law of Civil Procedures(8), and such suspension shall have the effects as mentioned therein.
The Arbitral Award and Termination of Proceedings
Article 36:
a. The arbitral tribunal shall apply to the subject-matter of the dispute the legal rules agreed upon by the two parties, and if they have agreed to apply the law of a given State, the substantive rules in that law shall be followed and not its rules relating to conflict of laws.
b. Failing an agreement by the parties on the legal rules applicable to the subject-matter of the dispute, the arbitral tribunal shall apply the substantive rules in the law it deems most closely connected to the dispute.
c. In all cases, the arbitral tribunal shall, when adjudicating the subject-matter of the dispute, apply the terms of the contract which is the subject of the dispute, and shall take into account the customs applicable to the transaction, the prevailing usages and the (previous) dealing applied by the two parties.
d. The arbitral tribunal may, if it has expressly been empowered to act as an amiable compositeur by an agreement between the two arbitrating parties, decide the dispute in accordance with the rules of justice and equity without complying with the law.
Article 37:
a. The arbitral tribunal shall render the final award ending the entire dispute within the period of time as agreed upon by the two parties; failing such agreement, the award shall be rendered within twelve months as of the date of commencing the proceedings. In all cases, the tribunal may extend such period provided that the extension shall not exceed six months unless the two parties have agreed on a period of time exceeding that period.
b. If the arbitral award has not been rendered within the period of time as provided for in paragraph (a) of this article, either party may apply to the president of the competent court to give an order setting another one period or more (for rendering the award) or terminating the arbitral proceedings. In the latter case, either party may bring an action before the court that originally has jurisdiction over the dispute.
Article 38:
Unless otherwise agreed by the two parties, if the arbitral tribunal is composed of more than one arbitrator, any decision of the tribunal including the final award shall be made unanimously or by a majority of all its members. However, a presiding arbitrator, if so authorized by the two parties or all the members of the arbitral tribunal, may decide questions of procedure.
Article 39:
If, during the arbitral proceedings, the parties have agreed on a settlement ending the dispute, they are entitled to request that the terms of settlement be recorded (in writing) before the arbitral tribunal, which is bound, in this case, to give a decision containing those terms and ending the proceedings. Such decision shall have the effect of enforcement as the arbitral awards have.
Article 40:
The arbitral tribunal may, before rendering the award that brings the dispute to an end, issue provisional decisions or awards in part of the claims.
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Either of the two arbitrating parties may amend or complete his claims or defences during the course of the arbitration such amendment to avoid delaying adjudication of the dispute.
Article 32:
a. The arbitral tribunal shall hold hearings to enable each of the two parties to explain the subject-matter of the case and to submit his arguments and evidence and, unless the parties have otherwise agreed, the tribunal may consider that the submission of (written) memoranda and documents is sufficient (for adjudicating the dispute).
b. The two arbitrating parties shall be notifiyed of the date of hearings and meetings, which has been decided by the arbitral tribunal, and this shall be made before a sufficient time of such date according to the tribunal’s judgement.
c. The minutes of each hearing held by the arbitral tribunal shall be recorded in writing and a copy thereof shall be delivered to each of the two parties.
d. The hearing of witnesses and experts shall be conducted under oath as in the form determined by the tribunal.
e. The arbitral tribunal may accept the oath of a witness by a written testimony before any authority accredited in the country in which the testimony has been made according to the law of that country(7).
Article 33:
a. If the claimant fails to submit his statement of claim according to Article (29/a) of this law without (showing) sufficient cause, the arbitral tribunal may decide to terminate the arbitral proceedings unless otherwise agreed by the two parties.
b. If the respondent fails to submit his statement of defense in accordance with Article (29/b) of this law, the arbitral tribunal shall continue the proceedings without treating this in itself as an admission by the respondent of the claimant’s claim.
c. If either party fails to appear at any hearing or to submit the documents requested from him, the arbitral tribunal may continue the proceedings and make the award on the evidence available before it.
Article 34:
a. The arbitral tribunal may appoint one or more experts to submit to it a written or an oral report on specific issues determined by the tribunal, and such appointment shall be recorded in the minutes of the (relevant) meeting (or hearing). The arbitral tribunal shall notify each of the two parties of its decision designating the mission entrusted to the expert.
b. Each of the two parties shall submit to the expert the information related to the dispute and shall enable him to inspect and examine what he requires of documents, goods and other property related to the dispute. The arbitral tribunal shall adjudicate any dispute arising between the expert and either of the two parties.
c. The arbitral tribunal, as soon as the expert’s report is deposited with it, shall send such report to each of the two parties to give him the opportunity to express his view in respect of the report, and each of them is entitled to review and check the documents on which the expert has relied.
d. Following submission of the expert’s report, the arbitral tribunal may, by its own motion or upon request of either party, hold a hearing to hear and examine the expert in respect of what is stated in the report. Each of the two parties is entitled to present, in that hearing, his own expert or experts to express an opinion on the matters stated in the report of the expert appointed by the court, unless otherwise agreed by the two arbitrating parties.
Article 35:
The proceedings before the arbitral tribunal shall suspend in accordance with the situations and conditions provided for in the Law of Civil Procedures(8), and such suspension shall have the effects as mentioned therein.
The Arbitral Award and Termination of Proceedings
Article 36:
a. The arbitral tribunal shall apply to the subject-matter of the dispute the legal rules agreed upon by the two parties, and if they have agreed to apply the law of a given State, the substantive rules in that law shall be followed and not its rules relating to conflict of laws.
b. Failing an agreement by the parties on the legal rules applicable to the subject-matter of the dispute, the arbitral tribunal shall apply the substantive rules in the law it deems most closely connected to the dispute.
c. In all cases, the arbitral tribunal shall, when adjudicating the subject-matter of the dispute, apply the terms of the contract which is the subject of the dispute, and shall take into account the customs applicable to the transaction, the prevailing usages and the (previous) dealing applied by the two parties.
d. The arbitral tribunal may, if it has expressly been empowered to act as an amiable compositeur by an agreement between the two arbitrating parties, decide the dispute in accordance with the rules of justice and equity without complying with the law.
Article 37:
a. The arbitral tribunal shall render the final award ending the entire dispute within the period of time as agreed upon by the two parties; failing such agreement, the award shall be rendered within twelve months as of the date of commencing the proceedings. In all cases, the tribunal may extend such period provided that the extension shall not exceed six months unless the two parties have agreed on a period of time exceeding that period.
b. If the arbitral award has not been rendered within the period of time as provided for in paragraph (a) of this article, either party may apply to the president of the competent court to give an order setting another one period or more (for rendering the award) or terminating the arbitral proceedings. In the latter case, either party may bring an action before the court that originally has jurisdiction over the dispute.
Article 38:
Unless otherwise agreed by the two parties, if the arbitral tribunal is composed of more than one arbitrator, any decision of the tribunal including the final award shall be made unanimously or by a majority of all its members. However, a presiding arbitrator, if so authorized by the two parties or all the members of the arbitral tribunal, may decide questions of procedure.
Article 39:
If, during the arbitral proceedings, the parties have agreed on a settlement ending the dispute, they are entitled to request that the terms of settlement be recorded (in writing) before the arbitral tribunal, which is bound, in this case, to give a decision containing those terms and ending the proceedings. Such decision shall have the effect of enforcement as the arbitral awards have.
Article 40:
The arbitral tribunal may, before rendering the award that brings the dispute to an end, issue provisional decisions or awards in part of the claims.
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