Procedure, evidence and court assistance

Commencement, notices and timetable

Unless otherwise agreed, Article 25 places commencement at the respondent’s receipt of the request to submit the dispute to arbitration. Notices must comply with Article 26 and the applicable rules. Evidence of delivery and of the documents sent should be retained, particularly where a party does not participate.

Commencement and interruption of limitation periods are different questions. Substantive time limits depend on the claim, the applicable law and the acts capable of interrupting them. Negotiations or informal communications should not be assumed sufficient without checking.

Article 35 provides a six-month period for the award where no other period results from the parties’ agreement, counted from constitution of the tribunal, with extension on the terms of paragraph 4. This is not a forecast of every dispute’s total duration: constitution, procedural incidents and subsequent court proceedings require separate consideration.

Opportunity to be heard, hearings and evidence

Articles 27–32 allow the procedure, submissions, hearings and evidence to be organised while preserving Article 2 safeguards. Documents and material on which the tribunal may rely must be communicated to the parties. Failure to defend is not itself an admission: Article 30 permits continuation on its stated terms, with assessment of the available evidence.

The tribunal may use experts and assess the admissibility, relevance and weight of evidence. Where judicial powers are needed, Article 32(2) permits court assistance at the tribunal’s request or that of an authorised party. Such cooperation does not confer unlimited coercive powers over third parties.

Remote hearings should ensure effective participation, identification of participants, access to documents and the ability to question witnesses. Technology choices require attention to procedural fairness and the applicable rules, rather than simply one party’s convenience.

Interim measures and court intervention

Unless otherwise agreed, Article 33 empowers the tribunal to order parties to take interim measures relating to the dispute and to provide appropriate security. Article 12(4) preserves court interim relief before or during arbitration. The appropriate route depends on the measure, urgency and need for coercive enforcement.

Emergency arbitration, expedited proceedings and other institutional mechanisms must be checked in the applicable rules. They do not arise automatically under the general law. Nor does the availability of ordinary interim relief imply an unrestricted power to restrain court actions or other arbitrations.

Privacy and use of information

Privacy and confidentiality are principles under Article 2. Article 42 provides for publication of the award with all parties’ agreement and permits references for research while preserving anonymity and confidentiality. The framework must be considered alongside statutory disclosure duties and information that may become public in court proceedings.

A procedural order may specify document access, file retention and use of evidence outside the proceedings. Confidentiality should not be promised as absolute secrecy in every circumstance.