Rules of the Tribunal

PART III, Procedure

Section A. General provisions

Article 44

1. The proceedings consist of two parts: written and oral.

2. The written proceedings shall consist of the communication to the Tribunal and to the parties of memorials, counter-memorials and, if the Tribunal so authorizes, replies and rejoinders, as well as all documents in support.

3. The oral proceedings shall consist of the hearing by the Tribunal of agents, counsel, advocates, witnesses and experts.

Article 45

In every case submitted to the Tribunal, the President shall ascertain the views of the parties with regard to questions of procedure. For this purpose, he may summon the agents of the parties to meet him as soon as possible after their appointment and whenever necessary thereafter, or use other appropriate means of communication.

Article 46

Time-limits for the completion of steps in the proceedings may be fixed by assigning a specified period but shall always indicate definite dates. Such time-limits shall be as short as the character of the case permits.

Article 47

The Tribunal may at any time direct that the proceedings in two or more cases be joined. It may also direct that the written or oral proceedings, including the calling of witnesses, be in common; or the Tribunal may, without effecting any formal joinder, direct common action in any of these respects.

Article 48

The parties may jointly propose particular modifications or additions to the Rules contained in this Part, which may be applied by the Tribunal or by a chamber if the Tribunal or the chamber considers them appropriate in the circumstances of the case.

Article 49

The proceedings before the Tribunal shall be conducted without unnecessary delay or expense.

Article 50

The Tribunal may issue guidelines consistent with these Rules concerning any aspect of its proceedings, including the length, format and presentation of written and oral pleadings and the use of electronic means of communication.

Article 51

All communications to the Tribunal under these Rules shall be addressed to the Registrar unless otherwise stated. Any request made by a party shall likewise be addressed to the Registrar unless made in open court in the course of the oral proceedings.

Article 52

1. All communications to the parties shall be sent to their agents.

2. The communications to a party before it has appointed an agent and to an entity other than a party shall be sent as follows:

3. The same provisions apply whenever steps are to be taken to procure evidence on the spot.

Article 53

1. The parties shall be represented by agents.

2. The parties may have the assistance of counsel or advocates before the Tribunal.