Law library · Sierra Leone · The Arbitration Act, 2022
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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