Proceedings

Article 14

The arbitration board shall decide whether there should be an exchange of written statements before oral hearings. In such event the chairman of the board shall determine the number of written statements and the time limits to be observed.

The Registrar shall communicate these time limits to the parties, who shall address their written statements to the Registrar ; the latter shall transmit the statements to the opposing party and shall prepare the file for arbitration.

The Chairman of the arbitration board shall fix the date and time for the first hearing. This information shall be given by the Registrar to the parties in good time.

Article 15

When, in a case coming under the first paragraph of Article 14, one of the parties does not submit its written statement or statements within the time limit fixed by the Chairman of the arbitration board, the latter shall nevertheless fix the date and time for the hearing.

If one of the parties, having been duly summoned, does not appear, the arbitration board may decide in favour of the submissions of the other party, after having satisfied itself that those submissions are well founded either in law or in fact. The arbitration board may also, where it considers this advisable, call for a further hearing.

Article 16

Each party may be represented or assisted by one adviser or more than one. Each party shall at the earliest possible time notify the Registrar of its intention in this matter, and the Registrar shall inform the opposing party thereof. The lodging by an adviser of either the special agreement or written statements shall take the place of such notification.

Article 17

Where the arbitration board considers it advisable, it may make an inspection ; the parties may be present thereat.

Article 18

The arbitration board shall decide how the proceedings shall be conducted and the duration thereof. The board shall appraise the evidence as it thinks fit.

Article 19

The hearing shall be conducted by the Chairman of the arbitration board. It may be conducted in public only if so decided by the arbitration board with the consent of the parties.

Minutes of each hearing shall be made and shall be signed by the Chairman of the arbitration board and by the Registrar.

Article 20

When the parties have finished explaining their cases, the hearing shall be declared closed.

Until an award has been made, however, the arbitration board shall be empowered to reopen the hearing where fresh evidence which may have a decisive influence on its opinion comes to light, or where, after a more thorough examination, it wishes to have certain points clarified.

Article 21

The deliberations of the arbitration board shall be and shall remain secret. All decisions of the arbitration board shall be taken by a majority vote.

Article 22

The arbitration award shall be drawn up in writing and bear the date of the day on which it is signed. It shall mention the names of the arbitrators and be signed by them ; it shall state the reasons on which it is based ; the special agreement to submit the matter to arbitration may, however, provide that the reasons for certain specific points shall not be given.

The arbitration board may decide that the award shall be read in open court, the parties being present or having been duly summoned.

The award shall be notified to the parties forthwith.

Article 23

In accordance with the Treaty establishing the European Atomic Energy Community and with general principles common to the laws of the Member States, the arbitration board shall decide ex aequo et bono.

Article 24

This Regulation shall be applicable in all cases, including those where, in accordance with Article 11 (1), the dispute is submitted to a sole arbitrator or to a board of arbitrators of five members.