Collection of Evidence by the Tribunal Through Investigations

Where it deems it necessary, the arbitral tribunal may decide to collect evidence through investigations on its own initiative or at the request of a disputing party.

When the arbitral tribunal collects evidence through investigations, it shall/may notify the disputing parties to be present at the site where necessary. Either party’s failure to be present after being notified shall be without prejudice to the collection of evidence through investigations.

The arbitral tribunal should deliver the evidence collected through investigations to both disputing parties and seek their opinions.