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Commercial Arbitration (National Uniform Legislation) Act 2011
24Hearings and written proceedings (Model Law Art 24)
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24 Hearings and written proceedings (Model Law Art 24)
(1) Subject to any contrary agreement by the parties, the arbitral
tribunal is to decide whether to hold oral hearings for the
presentation of evidence or for oral argument, or whether the
proceedings are to be conducted on the basis of documents and
other materials.
(2) However, unless the parties have agreed that no hearings are to be
held, the arbitral tribunal must hold such hearings at an appropriate
stage of the proceedings, if so requested by a party.
Part 5 Conduct of arbitral proceedings
Commercial Arbitration (National Uniform Legislation) Act 2011 22
(3) The parties must be given sufficient advance notice of any hearing
and of any meeting of the arbitral tribunal for the purposes of
inspection of goods, other property or documents.
(4) All statements, documents or other information supplied to the
arbitral tribunal by one party must be communicated to the other
party.
(5) Also, any expert report or evidentiary document on which the
arbitral tribunal may rely in making its decision must be
communicated to the parties.