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The UNCITRAL Arbitration Rules - A Commentary, 2nd Edition by Caron, David D; Caplan, Lee M (7th March 2013)

Part IV The Presentation of the Case: Evidence and Hearings, Preliminary Material, Introduction

From: The UNCITRAL Arbitration Rules: A Commentary (2nd Edition)

David D Caron, Lee M Caplan

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.  Subscriber: null; date: 28 January 2020


After sufficient clarification of the issues, the arbitral case is often presented to the arbitral tribunal at an oral hearing. The effective conduct of the hearing assumes that the factual background and evidence of the case have been presented adequately to the tribunal as much in advance as possible. That said, the hearings may be a forum for further clarification and refinements of arguments and evidence. Accordingly, questions concerning hearings and evidence are typically closely interrelated, a fact reflected in the proximity of Article 27 on evidence and Article 28 on hearings in the 2010 UNCITRAL Rules. These articles are addressed in Chapters 18 and 19, respectively. Chapter 20 deals with Article 29, which concerns the use of experts during the arbitral proceedings.