Procedure
THREE DAYS OF HEARINGS – TWO WRITTEN SUBMISSIONS
The procedure consists of three days of hearings and two written submissions.
On the first hearing day, the relevant issues in dispute are determined finally. Thereafter, the parties each submit a written statement.
On the second hearing day, witnesses and experts are examined and the issues in dispute are further developed. Afterwards, the parties have the opportunity to submit a last written statement.
After three months, the procedure ends with the third hearing day with oral arguments and a decision.
The new way
Like in mediation, the procedure begins with the identification and determination of the issues that are relevant to the decision.
The parties present the facts of the case and provide the legal reasons for their claims orally. There is no need for a prior time-consuming and costly exchange of written submissions. By listening attentively and asking specific questions, the arbitrators can focus on identifying and determining the relevant issues in dispute.
The parties submit the written statements on the identified issues in dispute simultaneously after the hearing and not consecutively.
Procedure
Establishing issues in dispute
- Oral arguments by the parties
- Identification of issues in dispute
- Final determination of issues in dispute
- Questions of the arbitral tribunal regarding the issues in dispute
- Written response and comments from the arbitral tribunal
- Submission of evidence
- Exchange of written statements
Consolidation of issues in dispute
- Examination of witnesses and experts
- Oral submissions by the parties including counter evidence
- Consolidation of issues in dispute
- Remaining questions of the arbitral tribunal regarding the issues in dispute
- Written response and comments from the arbitral tribunal
- Exchange of written statements
Award
- Oral arguments
- Deliberations and oral notification of award including summary reasons