Rule 43 Conduct of Hearing
1. Arbitration shall be conducted by holding oral hearings.
2. Arbitration may be conducted on the basis of documents only
with the agreement of the parties.
Rule 44 Confidentiality
1. Arbitration shall be conducted in camera. The arbitrators, the
secretary, the parties and their representatives and other participants
shall not disclose to any outsiders any substantive or procedural
matters to the dispute.
2. Unless the dispute concerns state secret, arbitration may be
conducted by holding an open hearing if the parties to the dispute
so agree.
Rule 45 Date and Place of Hearing
1. The arbitral tribunal shall decide the date of an oral hearing
and shall notify the parties of the date and place of an oral hearing
seven (7) days prior to it. The parties may agree on applying to
the arbitral tribunal for an advance oral hearing. The parties may
apply for a postponement of the oral hearing when having justified
reasons. However, such application shall be submitted in writing
three (3) days prior to the oral hearing. The arbitral tribunal
shall decide whether or not to postpone the oral hearing.
2. The notification of an oral hearing date subsequent to the first
hearing shall not be subject to the aforesaid stipulation.
3. An oral hearing shall be held at the place where the SZAC is
located. Should the parties agree otherwise and with the consent
of the arbitral tribunal, the parties agreement shall prevail.
The parties, however, shall bear the relevant costs.
Rule 46 Consolidated Arbitration
In the event that two or more cases with the same kind of or related
subject matters and the members of arbitral tribunal of the cases
are the same, the cases may be consolidated.
Rule 47 Default of Appearance
1. If the Claimant fails to appear at an oral hearing without any
justified reasons after having been notified in writing, or withdraws
from an ongoing oral hearing without the permission of the arbitral
tribunal, the Claimant shall be deemed to have withdrawn its Request
for Arbitration.
2. If the Respondent fails to appear at an oral hearing without
any justified reasons after having been notified in writing, or
withdraws from an ongoing oral hearing without the permission of
the arbitral tribunal, the arbitral tribunal may proceed with the
hearing and make an award on the evidence before it. The Respondent
shall bear the unfavorable consequences that might arise from it.
3. Provisions of this Rule shall be applicable to a counterclaim.
Rule 48 Participants
1. Participants in arbitral proceedings shall include members of
an arbitral tribunal, the secretary, the parties and their representatives,
the translator, the appraiser and inspector, etc.
2. In the event that people other than those stipulated above intend
to sit in on an oral hearing, it shall be admitted by the parties
and approved by the arbitral tribunal.
Rule 49 Preparations for Oral Hearing
Before an oral hearing commences, the arbitral tribunal shall verify
the attendance of the parties, their representatives and other participants.
In the event that the parties challenge the identity of any participant,
the challenged shall produce the identity document of the challenged
person.
Rule 50 Notices Prior to Commencement of Oral Hearing
1. The arbitral tribunal shall notify the parties of their rights
and obligations and the discipline that shall be followed at an
oral hearing before commencing the hearing.
2. The arbitral tribunal shall notify the parties of the formation
of an arbitral tribunal and shall ask the parties whether or not
they have challenge thereto. In the event that the parties request
the withdrawal of an arbitrator, the reasons for the challenge shall
be recorded and the oral hearing shall be suspended.
Rule 51 The Inquiry
The inquiry of an oral hearing shall be held as follows:
i. The Claimant raises its claim and states the facts and grounds;
ii. The Respondent presents its statement of defense and states
the facts and grounds;
iii. The Respondent raises its counterclaim and states the facts
and grounds, if any;
iv. The Claimant presents its statement of defense to the counterclaim
and states the facts and grounds;
v. The parties produce the evidence that both the arbitral tribunal
and the parties shall examine;
vi. The witness gives its testimony or the verbal testimony of
the absent witness is read out;
vii. The appraisers report is produced and read out. The arbitral
tribunal and the parties question the appraiser.
Rule 52 The Debate
After inquiry the Claimant and the Respondent shall enter into
debate in which they detail their contentions and argue each other.
Rule 53 Closing Addresses
After debate the Claimant and the Respondent shall give their closing
addresses respectively.
Rule 54 Requirement for Statements
1. The inquiry, the debate and closing addresses shall focus on
actual points of contention. The arbitral tribunal has the power
to stop the parties from making statements or giving opinions on
matters that are unrelated to the dispute in the course of an oral
hearing.
2. The arbitral tribunal shall stop the parties from making insulting
statements to other participants in the course of an oral hearing.
Rule 55 Record of Oral Hearing
1. The arbitral tribunal shall make an audio recording and take
minutes of the main points of the oral hearing.
2. The parties and other participants may read the minutes at the
hearing or three (3) days thereafter. In the event that they find
out omissions or errors in the minutes of their own statements,
they are entitled to applying to the arbitral tribunal for rectification.
If the arbitral tribunal refuses to make the rectification, they
shall request to have their opinions noted and kept in file.
3. All participants who have attended an oral hearing shall sign
the minutes.
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