Section 38 Arbitration and Mediation Act

Section 38 Arbitration and Mediation Act 2023 is about Hearing and written proceedings. It is under Part I (Arbitration) of the Act.

(1) Subject to a contrary agreement by the parties, the arbitral tribunal shall decide whether the arbitral proceedings shall be conducted –
( a) by holding oral hearings for the presentation of evidence or for oral arguments;
(b) on the basis of documents and other materials; or
(c) by a combination of the methods described in paragraphs (a) and (b), and, unless the parties have agreed that no hearing be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings if so requested by any party.

(2) The arbitral tribunal shall give the parties sufficient advance notice of any hearing and meeting of the arbitral tribunal, held for the purposes of inspection of documents, goods, or other property.

(3) Except on the application for a preliminary order under section 22 of this Act, every statement, document or other information supplied to the arbitral tribunal or other authority by one party shall be communicated to the other party.

(4) Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.

(5) Unless otherwise agreed by the parties, the arbitral tribunal may, for the purposes of the arbitral proceedings concerned –
(a) direct that a party to an arbitration agreement or a witness who gives evidence in proceedings before the arbitral tribunal be examined on oath or on affirmation; and
(b) administer oaths or affirmations for the purposes of the examination.