ISTAC Online Hearing Rules and Procedures

ISTAC ONLINE HEARING RULES AND PROCEDURES

Article 1 – Aim and Scope of Application

1. The hereby established Online Hearing Rules and Procedures aim to determine the rules and principles applicable to the hearings which the participants will conduct without physical attendance, through teleconference or video conference, during arbitration proceedings subject to ISTAC Rules. For the purpose of these Rules and Procedures, the term “hearing” shall mean online hearing.
2. At the request of any party, or upon its own initiative, the Sole Arbitrator or the Arbitral Tribunal, may designate rules and procedures other than those provided herein.

Article 2 – Decision to Hold Hearings

1. At the request of any party or in cases where the Sole Arbitrator or the Arbitral Tribunal deems appropriate, hearings or meetings may be conducted through video conference or teleconference.

Article 3 – Hearing Preparations

1. The Sole Arbitrator or the Arbitral Tribunal, after having consulted the parties, shall determine: the software to be used for the purpose of the hearing; the necessary measures to be taken to ensure the confidentiality and the safety of the hearing, phone numbers, links, user names or passwords or any other matters necessary for participation in the hearing; the technical infrastructure of the hearing, and shall inform the parties of such.
2. Hearing participants shall be responsible for providing the technical equipment and software required for their participation, and shall ensure that the place in which they are located is adequate and safe for the hearing to take place.
3. The Sole Arbitrator or the Arbitral Tribunal or the parties, may request technical support from the ISTAC Secretariat regarding the hearing. The ISTAC Secretariat will provide explanations regarding technical issues and technical support to the parties and the arbitrators, within its means.

Article 4 – People to Attend the Hearing  

1. Before the hearing, the parties shall notify the Sole Arbitrator or the Arbitral Tribunal of the hearing participants.
2. During the hearing, no third party other than those notified to and permitted by the Sole Arbitrator or the Arbitral Tribunal may attend the hearing.

Article 5 – Conduct of the Hearing

1. During the hearing, only one person shall speak at any one time and all other participants shall have their microphones muted so that image and sound quality are not affected. The party seeking to speak, shall do so by permission of the Sole Arbitrator or the Arbitral Tribunal.

Article 6 – Presenting Documents at the Hearing

1. During the hearing, with the permission of the Sole Arbitrator or the Arbitral Tribunal, documents may be transmitted electronically.

Article 7 – Right to be Heard at the Hearing

1. The Sole Arbitrator or the Arbitral Tribunal shall make every effort necessary to ensure that the parties and any others concerned have the opportunity to attend the hearings and that their right to be heard is not violated.
2. The Sole Arbitrator or the Arbitral Tribunal, in cases where it is convinced during the hearing that right to be heard has been violated, may end the hearing at any time and give its reasons for doing so.

Article 8 – Having Witnesses or Experts Heard During the Hearing

1. In cases where it is decided that a witness or an expert will be heard during an online hearing, the witness or the expert shall attend the hearing through video conference or video call. The witness or the expert attending an online hearing shall be present in front of the camera with their face clearly visible.
2. The Sole Arbitrator or the Arbitral Tribunal shall decide whether any documents can be made available for the witness or the expert. The Sole Arbitrator or the Arbitral Tribunal may allow a particular document to be made available to the witness during the hearing. In cases where the Sole Arbitrator or the Arbitral Tribunal deems it appropriate, the documents to be presented to the witness can be transmitted electronically during the hearing and questions can be asked regarding those documents.

Article 9 – Use of Interpreter

1. The Sole Arbitrator or the Arbitral Tribunal, in cases where it is deemed necessary, may allow the use of an interpreter. In such cases, the party requiring translation will provide an interpreter to attend the hearing. The credentials of the interpreter will be provided to the Sole Arbitrator or the Arbitral Tribunal in advance. The interpreters may attend the hearing together with the person for whom they shall interpret or they may attend the hearing from a third location.

Article 10 – Record of the Hearing

1. The Sole Arbitrator or the Arbitral Tribunal may, by informing the parties, decide that the hearing shall be recorded by audio or video. Such recordings shall be shared with the parties following the end of the hearing.
2. The Sole Arbitrator or the Arbitral Tribunal may, at the expense of the parties, decide to have the recordings transcribed.
3. It is forbidden to record any audio or visuals during any stage of the hearing, without leave of the Sole Arbitrator or the Arbitral Tribunal.