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Sobota et al, Luke --- "Written and Oral Procedures" [2019] ELECD 3041; in Fouret, Julien; Gerbay, Remy; Alvarez, M. Gloria (eds), "The ICSID Convention, Regulations and Rules" (Edward Elgar Publishing, 2019) 1085

Book Title: The ICSID Convention, Regulations and Rules

Editor(s): Fouret, Julien; Gerbay, Rémy; Alvarez, M. Gloria

Publisher: Edward Elgar Publishing

Section: Chapter 24

Section Title: Written and Oral Procedures

Author(s): Sobota et al, Luke

Number of pages: 54

Extract:

24
WRITTEN AND ORAL PROCEDURES



RULE 29 ­ NORMAL PROCEDURES

Luke Sobota and Gaëtan Verhoosel1

Except if the parties otherwise agree, the proceeding shall comprise two distinct
phases: a written procedure followed by an oral one.


1. PURPOSE OF THE RULE

This Rule binds the tribunal to afford the parties the right to present their cases on pa- 24.01
per and in person by mandating that the arbitral proceeding comprise distinct written
and oral phases. The proceeding can derogate from the Rule only if the parties agree.
This Rule implements the general principle that each party should have an opportunity
to be heard.2 It also reflects the established practice whereby parties present arguments
both in written memorials and through oral advocacy. Although the Rule's sequencing
is rightly one of `a written procedure followed by an oral one', the submission of written
post-hearing briefs following the oral procedure is common.3


2. INTERPRETATION OF THE RULE

This Rule sets out the `normal procedures' that apply to any ICSID arbitration. The 24.02
default rule is that there shall be two distinct phases to the proceeding ­ `a written


1 The authors thank Mihir Chattopadhyay for his substantial assistance in the preparation of this commentary.
2 See Fraport AG Frankfurt Airport Services Worldwide v. Philippines, ICSID Case No. ARB/03/25, Decision on the
Application for Annulment of Fraport AG Frankfurt Airport Services Worldwide (23 December 2010), para. 197
(`The requirement that the parties [have an opportunity to] be ...