In particular, as concerns witnesses, each Party shall advise its witnesses of this paragraph and of the further provisions in paragraphs regarding connecting to and paragraphs with respect to testifying. If the Tribunal determines following the test that will be inadequate to allow the Parties to present their cases, the Tribunal reserves discretion to determine that the evidentiary hearing will be conducted by other means.īefore the hearing, each Party shall be responsible for testing the with its witnesses, client representatives, and any other persons attending the hearing on its behalf to ensure that such persons: (i) have suitable equipment to use and participate in the hearing (ii) are familiar with basic features of the and (iii) that they are familiar and comply with all logistical and other requirements of this Order. The purpose of the test was to allow the hearing participants to assess the quality of their audio and video transmissions and to make necessary adjustments, as well as to experience key platform functions, including microphone muting, display options, transitions between the Waiting Room, Hearing Room, and Break-Out Rooms, and screensharing. To optimise the video hearing, dual monitors are recommended, with the running on one screen.Ī test among was conducted on, as part of the pre-hearing conference on. The hearing invitation will also contain the contact information (name, e-mail, and telephone number) of The Parties acknowledge and agree that unless either Party requests otherwise by, the passcode may be provided by / in the same communication as the weblink and Meeting ID. Unless the Tribunal determines otherwise, only those persons shall be authorised to attend the hearing, subject to any rules on witness sequestration.Į-mail invitations shall be unique to each attendee and shall not be shared with others. The Tribunal will send a consolidated list of authorised hearing attendees to Third Party Service Provider.īefore the hearing, / will e-mail a weblink, ‘Meeting ID,’ and passcode to each person whom the Tribunal identifies as an authorised attendee. The Parties shall also include the names and e-mail addresses of the stenographer(s) and language interpreter(s) they have agreed to engage for the hearing. In accordance with Article 26(3) of the ICC Rules, the hearing shall be private.īy, the Parties shall submit to the Tribunal a list of the names and e-mail addresses of the persons who will be attending the hearing on their behalf, including counsel, corporate representatives, witnesses, and any support personnel, as well as the physical location they will be joining the hearing from. The Parties acknowledge and agree that they have made their own investigations into the suitability, adequacy, and risks of the and these settings for the evidentiary hearing, including the risk that there will be mistakes in applying the settings in Exhibit A. In the event that changes any available settings after the date of this Order, /. The Parties are responsible for verifying that Exhibit A accurately reflects the settings discussed with the Tribunal. The settings in Exhibit A have been made in consideration of preferences expressed by the Parties after discussion with /, as well as new settings added to the since then, if applicable. The settings that will be used for the hearing, as well as options to be applied when managing Break-Out Rooms, are set forth in Exhibit A to this Procedural Order. In general, the hearing ‘host’ and ‘co-host’ will assist in verifying attendees, managing participants’ access to the Main Hearing Room and Break-Out Rooms, monitoring departures from the hearing, displaying demonstratives and exhibits, and providing technical support. The hearing will be deemed to take place at the seat of arbitration, which is. The evidentiary hearing will be convened via, hosted by /. reconnecting disconnected participants to a virtual hearing) so that the Tribunal’s attention can remain focused on the substantive issues discussed during the hearing. The tribunal technical assistant would assist the Tribunal in managing the technical issues that arise during a hearing (e.g. a representative from the arbitral institution, the tribunal secretary, a paralegal in the President’s law firm). If no third-party service provider is engaged, the parties and tribunal may wish to consider appointing a tribunal technical assistant for the hearing (e.g. scope of witness cross- examination, method of time keeping). 1 Parties and tribunals should consider any additional language that may be appropriate for matters that regularly arise during hearings (e.g. This template pre-hearing Procedural Order only includes language that parties and tribunals may consider using to address specific issues and challenges that may arise in connection with organisingĪ hearing through videoconference.
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