ICSID Dodatna arbitražna pravila (engleski tekst)

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Član Rule 38 ICSID Dodatna arbitražna pravila (engleski tekst) – First Session

Rule38

First Session

(1) The Tribunal shall hold a first session to address the procedure, including the matters listed in
paragraph (4)
.
(2) The first session may be held in person or remotely, by any means that the Tribunal deems appropriate. The agenda, method and date of the first session shall be determined by the President of the Tribunal after consulting with the other members and the parties.
(3) The first session shall be held within 60 days after the constitution of the Tribunal or such other period as the parties may agree. If the President of the Tribunal determines that it is not possible to convene the parties and the other members within this period, the Tribunal shall decide whether to hold the first session solely between the President of the Tribunal and the parties, or solely among the Tribunal members based on the parties’ written submissions.
(4) Before the first session, the Tribunal shall invite the parties’ views on procedural matters, including:
a)
the applicable arbitration rules;
b)
the division of advances payable pursuant to ICSID Additional Facility Administrative and Financial Regulation 7;
c)
the procedural language(s), translation and interpretation;
d)
the method of filing and routing of documents;
e)
the number, length, type and format of written submissions;
f)
the seat of arbitration;
g)
the place of hearings and whether a hearing will be held in person or remotely;
h)
whether there will be requests for production of documents as between the parties and, if so, the scope, timing and procedure for such requests;
i)
the procedural calendar;
j)
the manner of making recordings and transcripts of hearings;
k)
the publication of documents and recordings;
l)
the treatment of confidential or protected information; and
m)
any other procedural matter raised by either party or the Tribunal.
(5) The Tribunal shall issue an order recording the parties’ agreements and any Tribunal decisions on the procedure within 15 days after the later of the first session or the last written submission on procedural matters addressed at the first session.

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ICSID — izdanje 2022

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