(a) the general procedural rules for the arbitration;
(b) the Procedural Calendar, including provisional dates for the hearing;
(c) the procedural rules applicable to written submissions, document production, non-expert evidence and expert evidence for all hearings.
4.1.1. In consultation with the Tribunal, the Secretary-General of the PCA shall designate a legal officer of the International Bureau to act as Registrar and Secretary to the Tribunal.
4.1.2. The Registry shall maintain an archive of filings of correspondence and submissions.
4.1.3. The Registry shall manage Parties’ deposits to cover the costs of the arbitration, subject to the Tribunal’s supervision.
4.1.4. If needed, the Registry shall make its hearing and meeting rooms in the Peace Palace in The Hague or elsewhere available to the Parties and the Tribunal at no charge. Costs of catering, court reporting, or other technical support associated with hearings or meetings at the Peace Palace or elsewhere shall be borne by the Parties.
4.1.5. Upon request, the staff of the PCA shall carry out administrative tasks on behalf of the Tribunal, the primary purpose of which would be to reduce the costs that would otherwise be incurred by the Tribunal carrying out purely administrative tasks. Work carried out by PCA staff shall be billed in accordance with the PCA’s schedule of fees. PCA fees and expenses shall be paid in the same manner as the Tribunal’s fees and expenses.
Permanent Court of Arbitration
Ms. Christel Y. Tham, Legal Counsel
Ms. Diana Pyrikova, Case Manager
2517 KJ The Hague
Tel.: +31 70 302 4153 /+31 70 302 4252
Fax: +31 70 302 4167
E-mail: email@example.com firstname.lastname@example.org
7.4.1. The requested Party shall submit a response in column (d) of the requesting Party’s Redfern Schedule stating which documents or class of documents it objects to producing. The response shall state the reasons for each objection and shall indicate the documents, if any, that the Party would be prepared to produce instead of those requested.
7.4.2. The requesting Party shall respond to the other Party’s objection in column (e) of its Redfern Schedule, indicating, with reasons, whether it disputes the objection.
7.4.3. The Parties shall seek agreement on production requests to the greatest extent possible.
7.4.4. To the extent that agreement cannot be reached between the requesting and the requested Party, the Parties shall submit all outstanding requests to the Tribunal for decision. All other correspondence or documents exchanged in the course of this process shall not be copied to the Tribunal.
7.4.5. Document production requests submitted to the Tribunal for decision, together with objections and responses, must be in tabular form pursuant to the model appended to this Procedural Order as Annex II (Redfern schedule).
7.4.6. The Tribunal shall rule on any such application in column (f) of the Parties’ Redfern Schedule and may for this purpose refer to the IBA Rules on the Taking of Evidence in International Arbitration 2010 (“IBA Evidence Rules”) as a guideline. Documents ordered by the Tribunal to be disclosed shall be produced within the time limit set forth in the Procedural Calendar.
7.4.7. Should a Party fail to produce documents as ordered by the Tribunal, at the request of a Party, the Tribunal may draw the inferences it deems appropriate, taking into consideration all relevant circumstances.
(a) the full name and present address of the witness;
(b) a description of the witness’s position and qualifications, if relevant to the dispute or to the contents of the statement;
(c) a description of any past and present relationship between the witness and the Parties, counsel, or members of the Tribunal;
(d) a description of the facts on which the witness’s testimony is offered and, if applicable, the source of the witness’s knowledge;
(e) copies of all documents relied upon or alternatively, where the document is already in the record, citations to such documents as indexed under paragraph 8.5 above;
(f) an affirmation of the truth of the statements; and
(g) the signature of the witness and the date it was given.
(a) the witness shall make a declaration of truthfulness;
(b) although direct examination will be given in the form of witness statements and expert reports, the Party presenting the witness may conduct a brief direct examination for the purpose of introducing the witness, correcting, if necessary, any errors in the witness statement and addressing matters that have arisen after the witness statement was given, if any;
(c) the adverse Party may then cross-examine the witness on relevant matters that were addressed or presented in the witness statement;
(d) the Party presenting the witness may then re-examine the witness with respect to any matters or issues arising out of the cross-examination, with re-cross-examination limited to the witness’s testimony on re-examination at the discretion of the Tribunal; and
(e) the Tribunal may examine the witness at any time, either before, during or after examination by any of the Parties.
(a) refuse to hear a witness if it considers that the facts with respect to which the witness will testify are either proven by other evidence or are irrelevant;
(b) limit or refuse the right of a Party to examine a witness when it appears that a question has been addressed by other evidence or is irrelevant; or
(c) direct that a witness be recalled for further examination at any time.
(a) a description of the instructions pursuant to which he or she is providing his or her opinions and conclusions;
(b) a confirmation that this is the expert’s own, impartial, objective, unbiased opinion which has not been influenced by the pressure of the dispute resolution process or by any party to the arbitration;
(c) a statement that the expert understands that, in giving his or her report, his or her duty is to the Tribunal, and that he or she complies with that duty;
(d) a statement of the facts on which he or she is basing his or her expert opinions and conclusions;
(e) his or her expert opinions and conclusions, including a description of the methods, evidence and information used in arriving at the conclusions;
(f) an affirmation of his or her genuine belief in the opinions expressed in the expert report;
(g) a statement that, if the expert subsequently considers that his or her opinions require any correction, modification or qualification, he or she will notify the parties to this arbitration and the arbitral tribunal forthwith; and
(h) if the expert report has been signed by more than one person, an attribution of the entire or specific parts of the expert report to each author.
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