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Section 43, The Arbitration Act, 2022

Status not yet checkedThe Arbitration Act, 2022, Sierra Leone

(1) An arbitral tribunal shall decide all procedural andmatters, subject to the right of the parties to agree any evidential matters. (2) Matters of procedure and evidence to be decided by an arbitral tribunal under subsection (1), include - (a) the time and place for holding any part of an arbitral proceeding; (b) the form of written statements of claim or defence are to be used, when these should be supplied and the extent to which such statements can be amended; (c) which documents or classes of documents should be disclosed and produced by the parties and at what stage of the arbitral proceedings; (d) what questions should be put to or answered by the respective parties and when and in what form this should be done; (e) whether to apply strict rules of evidence or any other rules as to admissibility, relevance or weight of material, oral, written or other, sought to be tendered on matters of fact or opinion and the time, manner and form in which such material should be exchanged and presented; (f) whether and to what extent the arbitral tribunal should itself take the initiative in ascertaining the facts and the law; and (g) whether and to what extent there should be written evidence or submissions. Procedural and evidential matter. (3) An arbitral tribunal may order that documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral 49. (1) Unless otherwise agreed by the parties, an arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the arbitral proceedings shall be conducted on the basis of documents and other materials and save where the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the arbitral proceedings, if so requested by a party. (2) The parties to an arbitral proceeding shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property or documents. (3) All statements, documents or other information supplied to an arbitral tribunal by one party shall be communicated to the other party and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall also be communicated to the parties. 50. (1) Unless otherwise agreed by the parties, all information relating to arbitration proceedings shall be kept confidential, except where disclosure is - (a) required under the law; or (b) necessary in the interests of preventing or revealing - (i) the commission of a crime, including an attempt or conspiracy to commit a crime; (ii) the concealment of a crime; or Hearings and written Confidentiality. (3) An arbitral tribunal may - (a) direct that a party or witness shall be examined on oath or affirmation and may, for that purpose, administer the relevant oath or take the necessary affirmation; and (b) fix the time within which a direction given by it is to be complied with and may, if it thinks fit, extend the time so fixed, whether or not it has expired.

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