Proskauer Rose International Practice Guide Proskauer Rose LLP |
      Proskauer on International Litigation and Arbitration:
       Managing, Resolving, and Avoiding Cross-Border Business or Regulatory Disputes
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  1. Where an arbitral organization is involved, the rules governing the procedures to be employed prior to and during the hearing are set by that organization (see, e.g., ICC Article 20, AAA Article 20, LCIA Article 19, Stockholm Article 25, WIPO Article 53).
    1. In general, each side is given opportunity to make opening and closing statements, with the presentation of witness testimony (with the claimant usually presenting first) in between. The over-riding principles which attend to the procedures and processes employed during the hearing is that each side should be given a full and fair opportunity to present its case and each side should be treated equally.
  2. Ex Parte Hearings
    1. If one (or more) parties refuses or fails to appear at the hearing the arbitrator(s) may conduct the proceedings ex parte. In such a case, because a party that refuses to appear likely will also resist enforcement of any resulting award, such an award should clearly state the circumstances under which the party(ies) did not participate.
    2. Also, in conducting an ex parte proceeding, the arbitrator(s) are under no compulsion to defend the absent party’s case, but rather must consider carefully the law and facts presented to it (by the appearing party) and render a reasoned decision.

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