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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
'Following a procedural meeting between the Tribunal and the representatives of the parties, the Tribunal makes the following Directions:
1. The Claimants will serve a Statement of Case on the Respondents, with copies to the Tribunal and to the ICC, by Friday, 27 June 2003. This Statement of Case will be a comprehensive document (not simply Points of Claim) which will set out in numbered paragraphs the factual and legal submissions on which the Claimants rely in respect of both liability and quantum. It will be accompanied by copies of all documents on which reliance is placed, including correspondence, notes of meetings and so forth.
2. The Respondents will serve a Statement of Defence and Counterclaim on the Claimants, with copies to the Tribunal and to the ICC, by Friday, 26 September 2003. This Statement of Defence and Counterclaim, like the Statement of Case, will be a comprehensive document which will set out in numbered paragraphs the factual and legal submissions on which the Respondents rely in respect of both liability and quantum. It will be accompanied by copies of all documents on which reliance is placed, including correspondence, notes of meetings and so forth.
3. The Claimants will serve a Statement of Reply and Defence to Counterclaim by Friday, 17 October 2003. This Statement of Reply and Defence to Counterclaim will follow the same formula as that set out for the Statement of Case in paragraph 1 above and will be accompanied by copies of any further documents on which the Claimants rely.
4. (1) A List of Issues is to be drawn up and agreed between the parties and to be submitted to the Tribunal by Friday, 7 November 2003, with a note of any Issues which have not been agreed.
(2) At the same time, the parties will submit to the Tribunal the names and CVs of any experts they propose to call, limited at this stage to three.
5. A pre-trial review between the Tribunal and representatives of the parties will be held in London on Tuesday 11 November 2003, commencing at 10.30 a.m. The Claimants will arrange a venue for this pre-trial review.
6. Witness statements on issues of liability, including the statements of expert witnesses, will be submitted to the Tribunal on 19 December 2003 with statements in reply, if any, by 23 January 2004.
7. Each witness statement shall:
(a) contain the name and address of the witness, his or her relation to any of the parties and a description of his or her qualifications;
(b) contain the substance of the evidence that the party will present through the testimony of that witness at the Hearing;
(c) state the basis of that evidence (own perception or if on information received, whom, when and how);
(d) be signed by the witness and give the date and place of signature;
(e) be treated as the evidence in chief of that witness.
8. An expert witness statement shall also contain a current copy of the witness's curriculum vitae and the listing of any other matters in which the witness testified as an expert within the preceding five years.
9. It shall be proper for the representatives of the parties, including Counsel, to interview any prospective or potential witness whom that party considers calling.
10. The parties will arrange for the oral testimony of witnesses. Unless otherwise agreed by the parties in writing, a witness statement by a witness who does not subsequently appear to give evidence orally will be disregarded, unless the non-appearance is justified by an excuse deemed by the Tribunal to be valid.
11. A party who decides not to call a witness in respect of whom a witness statement has been submitted will inform the opposing party and the Tribunal in reasonable time and use its best endeavours to make that witness available to give evidence orally if so required by the opposing party or by the Tribunal. The evidence of a witness who is so required but who fails to appear will be disregarded.
12. Witnesses who give oral evidence will be asked by the party calling them to confirm their witness statements and to make any amendments or additions to that statement. A period of no more than ten minutes will be allowed for this purpose. The witness will then be questioned by the other party (cross-examination) and re-examined by his or her own party as to matters arising from this cross-examination. The Tribunal may question witnesses at any time.
13. The Tribunal is not bound by any strict rules of evidence. It may receive and rely upon any evidence it considers relevant and helpful and will determine the relevance, materiality and weight of the evidence before it.
14. The Hearing of this arbitration is scheduled to take place in London beginning on Tuesday 2 March 2004 at 10.30 a.m., with 7 days being reserved, in case issues of quantum (2 days) are dealt with in addition to issues of liability (5 days). The Hearing will commence at 10.30 a.m. at a venue to be arranged by the Claimants.
15. The expenses of hearing rooms, transcript writers and so forth will initially be shared equally between the parties, with the final allocation of such expenses being dealt with in the Tribunal's Award.'