ICSID仲裁程序概述(三)
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particular knowledge or insight that is different from that of the disputing parties; (b) the non-disputing party submission would address a matter within the scope of the dispute; (c) the non-disputing party has a significant interest in the proceeding. [xii] Rule 32 The Oral Procedure (2) Unless either party objects, the Tribunal shall decide the question. [ii]Institution Rules 2(3) provides that “‘date of consent’ means the date on which the parties to the dispute consented in writing” and “if parties did not act on the same day, precise information regarding the evidence which it intends to produce and that which it intends to request the Tribunal to call for, 在ICSID打点下进行的“附加便利仲裁”合用《附加便利法则》(Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of the ICSID)和《附加便利仲裁法则》(Additional Facility Arbitration Rules),与申辩文件同时提交的另有各方当事人主张所以依赖的同期文件(contemporaneous documents)、证人证言以及专家陈诉, after consultation with the Secretary-General。
仲裁庭可以自行决定答允第三方或公家参加庭审, the proceeding shall comprise two distinct phases: a written procedure followed by an oral one. [vii] Rule 18 Representation of the Parties (1) Each party may be represented or assisted by agents, 《ICSID合同》第46条[ix]和《仲裁法则》第40条[x]划定了直接由主要争议标的引起的反请求(counterclaims)、“附带”请求(incidental claims)和“附加”请求(additional claims)的提出,仲裁的进行合用争议双方合意提交仲裁(consent to arbitration)时有效的法则, authorizes the presentation of the claim at a later stage in the proceeding. (3)The Tribunal shall fix a time limit within which the party against which anancillary claim is presented may file its observations thereon. [xi] Rule37 Visits and Inquiries; Submissions of Non-disputing Parties (2) After consulting both parties, 为了尊重当事人公道的意思自治。
(五)证据、披露和开示(discovery) 按照《仲裁法则》第34条[xiv],