Western Australian Current Acts

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24 .         Hearings and written proceedings (cf. 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.

        (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.

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