III. Hearing

Under most arbitration rules, the arbitral tribunal shall conduct a hearing with the parties; at least, if one of the parties so requests. Because of the confidentiality requirement of most proceedings,[1] hearings usually are held in private and are not open to the public. Depending on the way any hearings are to be conducted – according to some lex arbitri, they can be rather succinct or rather detailed – the parties may submit written statements prior to a hearing. In principle, there is not much difference to written statements submitted in state court proceedings. Should the parties prefer documents only proceedings, the parties can usually derogate from any respective provision according to which a hearing shall be conducted.



[1] See above.

Last modified: Sunday, 30 August 2015, 9:59 PM