8 Hearing Procedures
Jeffery Commission, Rahim Moloo
- Witnesses — Transparency — Hearings — Confidentiality — Expert evidence
This chapter examines the components of a typical investment arbitration hearing as well as various procedural issues that arise in the context of the hearing. Hearings often present the best opportunity to test the evidence and arguments presented by the parties over the course of an arbitration. It is therefore important to give both parties an equal and adequate opportunity to present their case at the hearing. Yet, there is a desire to conduct the hearing in an efficient manner. The goal in adopting hearing procedures is to strike a balance between these considerations. The chapter first considers how parties and the tribunal will want to plan for the hearing at the outset. It then discusses the pre-hearing procedures and the hearing itself, taking into account the order of proceedings, cases where witnesses/experts are unavailable to testify in person, transcription of proceedings, and transparency and confidentiality of the hearing.