Formal Hearings

If the arbitrators shall consider that any part of the dispute requires formal hearing or shall fail to agree upon any part of the dispute which in their opinion is appropriate to formal hearing, the Committee shall appoint an umpire over that part of the dispute and the arbitrators shall either:
1. Proceed to formal hearing of that part of the dispute, or
2. Inform the umpire that he should enter upon the reference: whereupon the umpire shall so enter and shall either decide that part of the dispute upon the materials before the arbitrators or proceed to formal hearing thereof.
Where a case proceeds to formal hearing before the arbitrators, the umpire shall sit with them unless the Committee otherwise decides. Where a case proceeds to formal hearing the statements and other evidence already before the arbitrators shall continue to be taken into consideration. The arbitrator and umpire may, notwithstanding that a case has proceeded to formal hearing, continue to obtain additional information in accordance with Rule 8 (a) whether it is considered desirable.
The arbitrators or umpire may proceed to formal hearing upon a dispute, either upon request by a party at any stage before they have reached a decision, or where they consider that the dispute requires it. They need not grant a request for a formal hearing, except as provided by Rule 8(g).
A formal hearing may be held upon part only of a dispute, or upon a particular or preliminary question or issue, whether of fact or of law. A consolidated hearing may be heard upon related disputes between different parties.
Where a formal hearing is held at the request of a party, the arbitrators or umpire may, in making the award, consider whether special circumstances require the costs thereof (or some part of the costs) to be paid by the party in whose favour the award is made.
At a formal hearing, the parties may be represented by solicitors or council; but any party intending to be so represented shall give not less than 10 days notice to the Committee and the other parties.
The Committee, the arbitrators or the umpire may before or at any stage of the formal hearing appoint a legal or other assessor, if they think fit. If such assessor has not been present at the whole of the formal hearing, the parties are entitled to address him for the purpose of informing him of the proceedings which have taken place before he attended the formal hearing.
The umpire may, if he has not already entered upon the reference, do so in the course of the hearing.
When the umpire has entered upon the reference, the arbitrators act as assessors at the formal hearing.
If the umpire has not entered upon the reference, the arbitrators may give a decision upon any issue or matter at any stage of the hearing, after giving the parties due opportunity to address them thereon. When the umpire has entered upon the reference, he or any arbitrator at his request may give such a decision, at any stage.
The place and date of any formal hearing shall, so far as practicable, be fixed by agreement between the Parties and the Committee. If agreement is not reached thereon within what appears to the Committee to be a reasonable time, the Committee may fix a place and date. Any application for adjournment or alteration of date must be made to the Committee, and may be refused or granted only at the expense of the party applying.
Subject to the provisions of Rule 8(c), the course of proceedings at the hearing, the order of speeches and of taking of evidence in particular, shall except to the extent that the Committee (before the hearing) or the tribunal (at the hearing) otherwise decide, be that customary in High Court, save that the public shall not be admitted. The tribunal shall not be bound by any rules of evidence and shall not be bound to accept any evidence tendered. Expert evidence (whether on matters covered by Rule 8 (f) or otherwise) shall only be tendered if not less than 10 days notice on intention to do so has been given, and shall not without special reason be accepted upon matters as to which, in the opinion of the Committee or the tribunal, the arbitrators or umpire have sufficient expert knowledge or the arbitrators or umpire have sufficiently informed themselves.
Any request that a special case be stated (in the award or otherwise) upon any question of law canvassed or arising at a formal hearing must be made before the closing of the hearing. Any party asking at the hearing for the statement of a case shall, within three days of the closing of the hearing, define in writing the precise question of law concerned. If the tribunal refuse the request (either at the hearing or subsequently) the party making the request may thereupon require that no award be made so as to decide that question until 21 days (or in vacation, 21 days from the commencement of the next legal term) have elapsed since the refusal.
Each party, in any arbitration which goes to formal hearing, shall before the date fixed for the hearing deliver to the Committee three extra copies of any statement or other document, delivered or supplied by that party in the arbitration, which may be required to be referred to at the hearing.