78.
All statements, documents or other information supplied to, or applications made to, the
Arbitral Tribunal by one Party will be communicated to the other Party, and any expert
report or evidentiary document on which the Arbitral Tribunal may rely in making its
decision must be communicated to the Parties.
79.
Unless ordered by the Arbitral Tribunal, all hearings and meetings in arbitral
proceedings, other than meetings of the Arbitral Tribunal, are open to the public.
80.
The Arbitral Tribunal must schedule hearings to be held on consecutive days until
completion.
81.
All oral evidence must be taken in the presence of the Arbitral Tribunal and all the Parties
unless a Party is absent by default or has waived the right to be present.
82.
The Arbitral Tribunal may order any individual to be examined by the Arbitral Tribunal
under oath or on affirmation in relation to the Disagreement and to produce before the
Arbitral Tribunal all relevant documents within the individual's care, custody or control.
83.
The document assemblies delivered under Section 74 will be deemed to have been
entered into evidence at the hearing without further proof and without being read out at
the hearing, but a Party may challenge the admissibility of any document so introduced.
84.
If the Arbitral Tribunal considers it just and reasonable to do so, the Arbitral Tribunal
may permit a document that was not previously listed under Section 67, or produced as
required under Section 70 or 74, to be introduced at the hearing, but the Arbitral Tribunal
may take that failure into account when fixing the costs to be awarded in the arbitration.
85.
If the Arbitral Tribunal permits the evidence of a witness to be presented as a written
statement, the other Party may require that witness to be made available for cross
examination at the hearing.
86.
The Arbitral Tribunal may order a witness to appear and give evidence, and, in that event,
the Parties may cross examine that witness and call evidence in rebuttal.
Default of a Party
87.
If, without showing sufficient cause, the Applicant fails to communicate its statement of
claim in accordance with Section 65, the Arbitral Tribunal may terminate the
proceedings.
88.
If, without showing sufficient cause, a respondent fails to communicate its statement of
defence in accordance with Section 66, the Arbitral Tribunal must continue the
proceedings without treating that failure in itself as an admission of the Applicant's
allegations.
89.
If, without showing sufficient cause, a Party fails to appear at the hearing or to produce
documentary evidence, the Arbitral Tribunal may continue the proceedings and make the
Arbitral Award on the evidence before it.
90.
Before terminating the proceedings under Section 87, the Arbitral Tribunal must give all
respondents written notice providing an opportunity to file a statement of claim in respect
of the Disagreement within a specified period of time.
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