Members of the Tribunal:
Prof. Zachary Douglas QC, President of the Tribunal
Mr. Fernando Piérola Castro, Arbitrator
Mr. Samuel Wordsworth QC, Arbitrator
Ms. Leah W. Njoroge, Secretary of the Tribunal
Participating on behalf of the Claimants:
Mr. Noah Rubins QC, Freshfields Bruckhaus Deringer LLP
Mr. Sami Tannous, Freshfields Bruckhaus Deringer LLP
Mr. Matei Purice, Freshfields Bruckhaus Deringer LLP
Ms. Camille Strosser, Freshfields Bruckhaus Deringer LLP
Ms. Ayat Nizar Raja Sumrain, First Claimant
Participating on behalf of the Respondent:
Mr. Ed Poulton, Baker & McKenzie LLP
Mr. Steve Abraham, Baker & McKenzie LLP
Ms. Katia Finkel, Baker & McKenzie LLP
Mr. Janek Bednarz, Baker & McKenzie LLP
Ms. Hannah Murray, Baker & McKenzie LLP
Mr. Abdulrahim AlAwadhi, Department of Legal Advice and Legislation, Council of Ministers
a. making an objection which ultimately proves unjustified (thus, an unsuccessful objection is generally to be charged against the Party who made it, and a successful objection against the Party who resisted it);
b. arriving late; and
c. setting up displays while the Tribunal is sitting.
Electronic Hearing Bundle:
02. Witness Statements
03. Expert Reports
05. Legal Authorities
06. Expert Exhibits
07. Tribunal's Rulings
“15.8. Demonstrative exhibits (such as PowerPoint slides, charts, tabulations, etc.) may be used at any hearing, provided they contain no new evidence. Each party shall number its demonstrative exhibits consecutively and indicate on each demonstrative exhibit the number of the document(s) from which it is derived. The party submitting such exhibits shall provide them in electronic and hard copy to the other party, the Tribunal Members, the Tribunal Secretary, the court reporter(s) and interpreter(s) at the hearing at a time to be decided at the pre-hearing organizational meeting.”
“17.4 The procedure for examining witnesses and experts at the hearing shall be the following:
17.4.1. The Tribunal will be in control of any examination of witnesses and experts and shall intervene as appropriate should any questions go beyond the scope of the witness's knowledge or expert's competence.
17.4.2. The witness statement of each witness and the expert report of each expert shall stand in lieu of the examination by the party producing the witness and expert (“direct examination”), subject to the provisions below.
17.4.3. Without leave of the Tribunal, direct examination of fact witnesses shall not exceed 15 minutes and shall be limited to the scope of prior testimony.
17.4.4. Without leave of the Tribunal, direct examination of experts shall not exceed 20 minutes and shall be limited to the scope of prior testimony. The direct examination of an expert may take the form of a presentation by the expert.
17.4.5. The direct examination of witnesses is followed by examination by the other party (“cross-examination”), and subsequently by the party producing the witness (“redirect examination”).
17.4.6. The redirect examination shall be limited to matters raised in cross-examination.
17.4.7. The Tribunal may pose questions during or after the examination of any witness or expert.
17.5. The parties shall organize their allotted time at the hearing including with respect to witnesses, subject to the rules set forth herein. The Tribunal may, of its own initiative or at the request of a party, direct that a witness be recalled for further examination at any time or summon any other witness to appear.
17.6. Witnesses of fact shall not be allowed in the hearing room before giving their oral evidence. In the event that a witness of fact is also a party representative, that witness may designate another individual to serve as party representative until that witness has testified. Experts shall be allowed in the hearing room at any time, and during the examination of other experts.
17.7. If a witness who has submitted a witness statement or an expert who has submitted an expert report does not appear without a valid reason at the hearing, the Tribunal shall disregard that witness statement or expert report unless, in exceptional circumstances, the Tribunal determines otherwise. In this latter case, the Tribunal shall take into account that such testimony has not been subject to cross-examination.”
“20.1. Sound recordings shall be made of all hearings and sessions. The sound recordings shall be provided to the parties and the Tribunal Members. The audio recording will be shared with the Parties and the Tribunal at the conclusion of the Hearing.”
“20.2. Verbatim transcript(s) in the procedural language(s) shall be made of any hearing and session other than sessions on procedural issues. Unless otherwise agreed by the parties or ordered by the Tribunal, the verbatim transcripts shall be available in real-time using LiveNote or similar software and electronic transcripts shall be provided to the parties and the Tribunal on a same-day basis.
20.3. The parties shall agree on any corrections to the transcripts within 20 days of the later of the dates of the receipt of the sound recordings and transcripts. The agreed corrections may be entered by the court reporter in the transcripts (“revised transcripts”). The Tribunal shall decide upon any disagreement between the parties and any correction adopted by the Tribunal shall be entered by the court reporter in the revised transcripts.”
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