68.
The Parties may amend or supplement their statements, including the list of documents,
and deliver counter-claims and defences to counter-claims during the course of the
arbitral proceedings, unless the Arbitral Tribunal considers it inappropriate to allow the
amendment, supplement or additional pleadings having regard to:
a) the delay in making it; and
b) any prejudice suffered by the other Parties.
69.
The Parties will deliver copies of all amended, supplemented or new documents delivered
under Section 68 to all the Parties.
Disclosure
70.
The Arbitral Tribunal may order a Party to produce, within a specified time, any
documents that:
a) have not been listed under Section 67;
b) the Party has in its care, custody or control; and
c) the Arbitral Tribunal considers to be relevant.
71.
Each Party will allow the other Party the necessary access at reasonable times to inspect
and take copies of all documents that the former Party has listed under Section 67, or that
the Arbitral Tribunal has ordered to be produced under Section 70.
72.
The Parties will prepare and send to the Arbitral Tribunal an agreed statement of facts
within the time specified by the Arbitral Tribunal.
73.
Not later than 21 days before a hearing commences, each Party will give the other Party:
a) the name and address of any witness and a written summary of the witness's
evidence; and
b) in the case of an expert witness, a written statement or report prepared by the
expert witness.
74.
Not later than 15 days before a hearing commences, each Party will give to the other
Party and the Arbitral Tribunal an assembly of all documents to be introduced at the
hearing.
Hearings and Written Proceedings
75.
The Arbitral Tribunal must decide whether to hold hearings for the presentation of
evidence or for oral argument, or whether the proceedings will be conducted on the basis
of documents and other materials.
76.
Unless the Parties have agreed that no hearings will be held, the Arbitral Tribunal must
hold hearings at an appropriate stage of the proceedings, if so requested by a Party.
77.
The Arbitral Tribunal must give the Parties sufficient advance notice of any hearing and
of any meeting of the Arbitral Tribunal for the purpose of inspection of documents, goods
or other property or viewing any physical location.
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