46.
An Arbitral Tribunal may, in either of the cases referred to in Section 44 or 45, admit a
later plea if it considers the delay justified.
47.
An Arbitral Tribunal may rule on a plea referred to in Section 44 or 45 either as a
preliminary question or in the Arbitral Award.
48.
If an Arbitral Tribunal rules as a preliminary question that it has jurisdiction, any Party,
within 15 days after having received notice of that ruling, may request the Supreme Court
to decide the matter.
49.
A decision of the Supreme Court under Section 48 is final and is not subject to appeal.
50.
While a request under Section 48 is pending, an Arbitral Tribunal may continue the
arbitral proceedings and make an Arbitral Award unless:
a) the costs occasioned by proceeding before the decision of the Supreme Court is
made would unduly prejudice the Parties; or
b) the Parties agree otherwise.
Interim Measures Ordered by Arbitral Tribunal
51.
Unless otherwise agreed by the Parties, the Arbitral Tribunal may, at the request of a
Party, order a Party to take any interim measure of protection as the Arbitral Tribunal
may consider necessary in respect of the subject matter of the Disagreement.
52.
The Arbitral Tribunal may require a Party to provide appropriate security in connection
with a measure ordered under Section 51.
Equal Treatment of Parties
53.
The Parties must be treated with equality and each Party must be given a full opportunity
to present its case.
Determination of Rules of Procedure
54.
Subject to this Appendix, the Parties may agree on the procedure to be followed by the
Arbitral Tribunal in conducting the proceedings.
55.
Failing any agreement under Section 54, the Arbitral Tribunal, subject to this Appendix,
may conduct the arbitration in the manner it considers appropriate.
56.
The Arbitral Tribunal is not required to apply the legal rules of evidence, and may
determine the admissibility, relevance, materiality and weight of any evidence.
57.
The Arbitral Tribunal must make all reasonable efforts to conduct the arbitral
proceedings in the most efficient, expeditious and cost effective manner as is appropriate
in all the circumstances of the case.
58.
The Arbitral Tribunal may extend or abridge a period of time:
a) set in this Appendix, except the period specified in Section 106; or
b) established by the tribunal.
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