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  • 3.3.5-COTTON MARKETING-CONDUCTING THE ARBITRATION

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  • Conducting the arbitration

    Chapter 3 - Cotton marketing - Arbitration 

     
     
    Once all the documents have been received from the parties the tribunal will commence its review of the dispute submissions. If one party, despite repeated requests for submissions, fails to supply any documentation, the arbitration proceeds ex parte, i.e. the tribunal makes its award based on the submissions of one party alone.

    An oral hearing can be requested in writing by either party. The tribunal has the sole authority to grant or deny the request.

    All procedural and evidential matters will be addressed by the tribunal and decided by the chairperson, who will ensure a timely process. Orders may be issued to direct the parties to meet certain schedules. All orders and decisions, along with the arbitration award, will be made by a majority decision of the arbitrators and chairperson. The chairperson has the final decision if the other two arbitrators cannot agree.

    Evidence has to be submitted in English. If this is not possible, unless otherwise directed by the tribunal, an official and certified translation must be supplied.

    The tribunal may at its discretion call upon the parties to clarify certain issues or supply additional documentation as required to assist in the tribunal’s findings.