Record of Hearing in International Arbitration

Record of Hearing in International Arbitration

a)  Transcript or Written Record

The arbitral tribunal shall arrange for preparing a transcript or written record of the hearing. An international arbitral tribunal may prepare a transcript or summary transcript of the hearing, and the summary transcript may be signed or sealed by the parties and other participants in the arbitration.

b) Additions and Corrections

If the arbitral tribunal finds any errors or omissions in the record of the statements of either party or any other participant in the arbitration, it shall make corrections and additions in a timely manner.

If either party or any other participant in the arbitration believes that there are omissions or errors in the record of their statements, they may request additions and corrections within 30 days from the date of receipt of the award.

Upon receipt of such a request, the arbitral tribunal shall review the record. If it is confirmed that the request is tenable and an error or omission does exist in the record, it shall make corrections and additions as requested within the time period specified in the arbitration rules.

A request for additions and corrections shall be recorded if it is denied.

c)  Signature and Seal

The transcript or written record shall be signed or sealed by the arbitrators or sole arbitrator, the transcriber or preparer, the parties, and other participants in the arbitration. The arbitral tribunal may also arrange for making a stenographic and/or an audio-visual record of the hearing. The disputing parties may request and obtain a copy of any such record.

d) Basis and Reference

Such records shall be used as the basis and reference for rendering an arbitration award based on the opinion of the sole arbitrator or a majority opinion in the case of three arbitrators, and the opinion of the dissenting arbitrator may be recorded in the transcript or written record. Failing a majority, the arbitral tribunal shall make an award based on the opinion of the chief arbitrator.