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GUIDE to TOMAC ARBITRATION

7. DOCUMENTS RELATED TO HEARINGS

Table of Contents

    Article 32 (1). of Arbitration Act provides that the "The arbitral tribunal may hold oral hearings for the presentation of evidence or for oral argument by the parties." With respect to this point, oral hearings are considered a critical aspect of the arbitration proceedings. Consequently, an appearance by the parties themselves, or else by the relevant individuals from the companies involved, is normally required, other than where the proceedings are on documents only in the SCAP Rules. The same holds true when an attorney has been appointed.

Notice of Scheduled Hearing

(Sample)

Our Ref: CHU-20XX-XXX
______________, 20____

Claimant Representative: ______________
Respondent Representative: ______________

The Japan Shipping Exchange, Inc.*1

ARBITRATION ARISING OUT OF THE DISPUTES
RELATING TO THE TIME CHARTER FOR THE S.S. HEISEI MARU
(CASE No. TOMAC-2014XXX)

In regard to the above captioned arbitral proceedings, the Tribunal decided to hold an oral hearing as follows:

Date/time: _____ hours, _______, 20____
Place: Conference Room of the JSE (3rd F, Wajun Building, 2-22-2 Koishikawa , Bunkyo-ku, Tokyo, tel: 03-5802-8363)

You are Kindly requested to attend the meeting and to notify the Secretariat of the name of the persons, who are exepted to apperar by ___________.*2

CC: Messrs. ___________, ___________,___________*3
Explanation of the Notice of a Scheduled Hearing
    In principle, hearings are conducted in the presence of all (both) parties. The example is for a hearing where both parties appear together.
  1. (Note 1.) This means the Secretariat of the arbitral tribunal.
  2. (Note 2.) Particularly with respect to parties who have appointed an agent, we request the appearance of the person in charge of the matter involved in order to understand the underlying facts.
  3. (Note 3.)The arbitral tribunal selects a chairman at their first meeting. Thereafter, the chairman's name is listed first and the other names are listed in an alphabetical order. Although the chairman takes the leadership in discussions, hearings, and witness investigations, all three arbitrators actually have the same authority.
6. SELECTION OF ARBITRATORS 8. ARBITRAL AWARD