3) The reply made by the Claimant under Sub-Article (2) of this Article must be
restricted to points arising from the respondent’s defense or counter claim. No
additional new issues may be included.
10. Submission of Documents
Any written communication or electronic submission by a party to the Authority is
deemed filed with the Authority from the date the document is received by the
Authority.
PART FOUR
HEARING
11. Hearing Time and Place
1) The Authority may give either party the right to request a hearing but retains the
discretion to decide a matter solely based on the written record.
2) Where the Authority determines that a hearing is required it shall inform the parties
in writing.
3) The Authority shall conduct the hearing in a manner that it considers appropriate
except that the parties shall be treated equally and fairly and shall each be given full
opportunity to present its case.
4) The Authority shall inform the parties the time and place for the hearing as well as
the expected duration of the hearing.
5) The Authority in setting out the date and duration of the hearing shall take into
consideration the complexity of the issues involved and the likelihood of harm to
either party if the Dispute is not promptly resolved.
6) The hearing shall commence not later than fifteen (15) working days after the filing
of the final submissions of the parties to have the Dispute resolved by the Authority.
12. Public Hearing
1) The hearing shall be open to all members of the public, except to the extent that the
Authority decides that the confidential nature of any specific matter to be addressed
during the hearing requires that such confidential matter be withheld from public
disclosure.
2) In deciding on the confidentiality of the matter the Authority may seek the opinion
of the parties involved.
3) The Authority shall make public the reason(s) for limiting public access to
information in any of its proceedings and shall seek to ensure to the maximum extent
possible that all of its proceedings shall be fully open to the public.
13. Appearance of an Expert in the Hearing
Where in the course of resolving a Dispute, a matter arises that in the opinion of the
Authority requires certain expertise or competence, the Authority may call upon any
person who possesses the expertise, is independent and free from any conflict of interest,
to assist the Authority as an assessor.
14. Examination of Witnesses
1) The Authority may examine the parties and their witnesses when hearing a Dispute.
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