
David D Caron
et al.
Published:
23 March 2006
Online ISBN:
9780191773648
Print ISBN:
9780199297597
Contents
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Introduction Introduction
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Part Front Matter
Part front matter for Part IV The Presentation of the Case: Evidence and Hearings
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Published:March 2006
Cite
'Part front matter for Part IV The Presentation of the Case: Evidence and Hearings', The UNCITRAL Arbitration Rules: A Commentary, 1st Edition, Oxford Commentaries on International Law (2006; online edn, Oxford Academic), https://doi.org/10.1093/law:iic/9780199297597.book.1, accessed 20 Apr. 2025.
Extract
Introduction
After sufficient clarification of the issues, the case is normally presented to the arbitral tribunal at an oral hearing. The effective conduct of the hearing assumes that the tribunal has been provided with the evidence as much in advance as possible and with the factual background of the case. For this and other reasons questions concerning hearings and evidence are closely interrelated, a fact reflected in the .
UNCITRAL Rules
This close interrelationship between hearings and evidence was manifested in the fact that the Preliminary Draft of the Rules treated both subjects in one article, with the heading “Hearings, Evidence.”1 This proposed article was quite similar to what is now . In the final stages of drafting, Article 25 was supplemented by what is presently . Article 24 is composed partly of new provisions and partly of provisions that had been excised from the Preliminary and Revised Drafts. Ultimately, Article 24 contains provisions on certain basic principles, as well as on documentary evidence; while Article 25 is devoted mainly to oral hearings.2 The interrelationship between the two Articles is emphasized by their common heading: “Evidence and Hearings.” Chapters 16 and 17 address Articles 24 and 25, respectively. Chapter 18 deals with which concerns the use of experts during the arbitral proceedings.
Article 25
Article 24
Article 27
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