Сборник текстов для перевода. Борисова Л.А. - 67 стр.

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§21. Election or Appointment of a Sole Arbitrator
If, as agreed by the parties, the case is to be considered by a sole arbitrator
the sole arbitrator and reserve sole arbitrator shall be chosen by agreement of the
parties. They may also request the President of the ICAC for nomination of a
sole arbitrator and reserve sole arbitrator on their behalf. Failing such agree-
ment, the sole arbitrator and reserve sole arbitrator shall be appointed by the
President of the ICAC from the List of Arbitrators.
§22. Preparation of the Case for examination
1.The arbitral tribunal shall check the state of preparation of the
case for examination and, if it deems necessary, shall take further measures to
prepare the case, particularly by obtaining written explanations,
evidence, or other additional documents from the parties. If the tribunal
decides to take further measures to prepare the case, it shall determine
time limits within which such further measures shall be carried out. '
2.The chairman of the arbitral tribunal may give instructions to the
Executive Secretary of the ICAC in connection with the preparation and
the conduct of the proceedings. He shall also direct the Executive Secretary to
invite the parties to the hearing.
§23. Notification of the Parties about the Hearing
1.The parties shall be notified of the time and place of a hearing by
notices which shall be forwarded to them so as to enable each party to
have at least 30 days at his disposal to prepare for and to appear at the
hearing. Upon agreement of the parties this period may be reduced.
2.Should there be a need be to conduct further hearings, their dates
shall be set by the arbitral tribunal with consideration of particular circumstances.
§24. Challenge to Arbitrator, Expert, or Interpreter
1.Each party shall be entitled, to challenge an arbitrator, the chairman of the
arbitral tribunal, or a sole arbitrator, if there are circumstances giving rise to justifi-
able doubts as to their impartiality or independence, particularly if it can be sup-
posed that they are personally, directly or indirectly interested in the outcome of the
proceedings. The request of challenge may also be submitted in case when an arbi-
trator does not have the qualifications stipulated in the parties' agreement.
The party shall submit its written request of challenge containing the mo-
tives thereof not later than 15 days after he has come to know that the arbitral
tribunal has been formed, or after the party has found out about any circum-
stances which may be a ground for the challenge. Such request submitted subse-
quently shall be considered only if the arbitral tribunal finds the delay justified.
2.The question of challenge shall be decided by other members of
the arbitral tribunal. If they fail to come to an agreement, or if two
arbitrators or a sole arbitrator are challenged, the question of challenge shall be
decided by the Presidium of the ICAC.
       §21. Election or Appointment of a Sole Arbitrator
       If, as agreed by the parties, the case is to be considered by a sole arbitrator
the sole arbitrator and reserve sole arbitrator shall be chosen by agreement of the
parties. They may also request the President of the ICAC for nomination of a
sole arbitrator and reserve sole arbitrator on their behalf. Failing such agree-
ment, the sole arbitrator and reserve sole arbitrator shall be appointed by the
President of the ICAC from the List of Arbitrators.
       §22. Preparation of the Case for examination
       1.The arbitral tribunal shall check the state of preparation of the
case for examination and, if it deems necessary, shall take further measures to
prepare the case, particularly by obtaining written explanations,
evidence, or other additional documents from the parties. If the tribunal
decides to take further measures to prepare the case, it shall determine
time limits within which such further measures shall be carried out. '
       2.The chairman of the arbitral tribunal may give instructions to the
Executive Secretary of the ICAC in connection with the preparation and
the conduct of the proceedings. He shall also direct the Executive Secretary to
invite the parties to the hearing.
       §23. Notification of the Parties about the Hearing
       1.The parties shall be notified of the time and place of a hearing by
notices which shall be forwarded to them so as to enable each party to
have at least 30 days at his disposal to prepare for and to appear at the
hearing. Upon agreement of the parties this period may be reduced.
       2.Should there be a need be to conduct further hearings, their dates
shall be set by the arbitral tribunal with consideration of particular circumstances.
       §24. Challenge to Arbitrator, Expert, or Interpreter
       1.Each party shall be entitled, to challenge an arbitrator, the chairman of the
arbitral tribunal, or a sole arbitrator, if there are circumstances giving rise to justifi-
able doubts as to their impartiality or independence, particularly if it can be sup-
posed that they are personally, directly or indirectly interested in the outcome of the
proceedings. The request of challenge may also be submitted in case when an arbi-
trator does not have the qualifications stipulated in the parties' agreement.
       The party shall submit its written request of challenge containing the mo-
tives thereof not later than 15 days after he has come to know that the arbitral
tribunal has been formed, or after the party has found out about any circum-
stances which may be a ground for the challenge. Such request submitted subse-
quently shall be considered only if the arbitral tribunal finds the delay justified.
       2.The question of challenge shall be decided by other members of
the arbitral tribunal. If they fail to come to an agreement, or if two
arbitrators or a sole arbitrator are challenged, the question of challenge shall be
decided by the Presidium of the ICAC.

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