The parties may, directly or by reference to a set of arbitration rules, determine the rules of
procedure; they may also subject this procedure to a procedural law of their choice.
Failing such agreement, the arbitral tribunal may conduct the arbitration in such a manner as it
considers appropriate.
The burden of proof shall lie on the parties to establish the facts relied on in support of their
claim or defence.
The arbitrators may request the parties to furnish an explanation of the facts in issue and to
adduce by any legally admissible means, any evidence which they consider necessary in support
of their claim or defence.
They shall not in their decisions rely on grounds, explanations or documents referred to or
tendered by the parties unless each party has been given an opportunity of presenting its
observations thereon.
They shall not base their decision on grounds raised of their own motion without having invited
the parties to present their observations in relation thereto.
Where the assistance of the court is necessary to obtain evidence, the arbitral tribunal may of its
own motion or upon application, request the assistance of the competent judge in the State Party.
A party who, knowingly, fails to raise, without delay, an irregularity and proceeds with the
arbitration, shall be deemed to have waived the right to raise it.
Unless agreed otherwise, the arbitrators shall equally have jurisdiction to rule upon objections
relating to handwriting verification or a forgery.
Official translation
Spot-checked
In force from 11 March 1999
Source page 8