Pre-Hearing Meeting
59.
Within 10 days after the Arbitral Tribunal is selected, the tribunal must convene a prehearing meeting of the Parties to reach agreement and to make any necessary orders on:
a) any procedural issues arising under this Appendix;
b) the procedure to be followed in the arbitration;
c) the time periods for taking steps in the arbitration;
d) the scheduling of hearings or meetings, if any;
e) any preliminary applications or objections; and
f) any other matter which will assist the arbitration to proceed in an efficient and
expeditious manner.
60.
The Arbitral Tribunal must prepare and distribute promptly to the Parties a written record
of all the business transacted, and decisions and orders made, at the pre-hearing meeting.
61.
The pre-hearing meeting may be conducted by conference call.
Place of Arbitration
62.
The arbitration will take place in the Province of British Columbia.
63.
Despite Section 62, an Arbitral Tribunal may meet at any place it considers appropriate
for consultation among its Members, for hearing witnesses, experts or the Parties, or for
inspection of documents, goods or other personal property, or for viewing physical
locations.
Language
64.
If the Arbitral Tribunal determines that it was necessary or reasonable for a Party to incur
the costs of translation of documents and oral presentations in the circumstances of a
particular Disagreement, the Arbitral Tribunal, on application of a Party, may order that
any of the costs of that translation be deemed to be costs of the arbitration under
paragraph 44 of the Chapter.
Statements of Claim and Defence
65.
Within 21 days after the Arbitral Tribunal is constituted, the Applicant will deliver a
written statement to all the Parties stating the facts supporting its claim or position, the
points at issue and the relief or remedy sought.
66.
Within 15 days after receipt of the Applicant's statement, each respondent will deliver a
written statement to all the Parties stating its defence or position in respect of those
particulars.
67.
Each Party must attach to its statement a list of documents:
a) upon which the Party intends to rely; and
b) which describes each document by kind, date, author, addressee and subject
matter.
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