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Hearing

Generally, oral hearings are conducted in the course of arbitration. However, the arbitral tribunal may examine the case and render an award on the basis of documents only if the parties so request or agree and the arbitral tribunal also deems that oral hearings are unnecessary.


The arbitral tribunal shall not hear cases in open session. If both parties request a hearing to be held in open session, the arbitral tribunal has the power to decide to do it or not. All participants shall not disclose any substantial or procedural matters to outsiders when the case is not heard in open session.


The parties shall send their representative(s) or authorized agent(s) to attend the hearing. If the Claimant fails to appear in an oral hearing without showing sufficient cause for such failure, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the Claimant may be deemed to have withdrawn its Request for Arbitration. In such a case, if the Respondent has filed a counterclaim, the arbitral tribunal shall proceed with the hearing of the counterclaim and make a default award. If the Respondent fails to appear in an oral hearing without showing sufficient cause for such failure, or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, the arbitral tribunal may proceed with the arbitration and make a default award. In such a case, if the Respondent has filed a counterclaim, the Respondent may be deemed to have withdrawn its counterclaim.
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