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suant to Article 430/1-a of the CPC. In case that the respondent fails to

submit the statement of defense, this would not be considered as

acknowledgement or acceptance of case and the proceedings shall pro-

ceed.

Pursuant to Article 431, arbitrators may decide to appoint experts

to report on the issues determined by the tribunal, and that the parties

shall make necessary explanations and produce relevant documents to

the experts, and to hold viewings. Experts may participate to the hear-

ing after submitting their reports upon request of one of the parties or

in case the arbitrators deem it necessary. At this hearing, any party may

interrogate the experts and present expert witnesses in order to testify

on the points at issue. Pursuant to Article 432 of the CPC, any of the

parties may request the assistance of the courts for the collection of

evidence with the approval of arbitrators.

Closing of the Proceedings and Arbitral Award

Article 435 of the CPC regulates the closing of the arbitration pro-

ceedings. The proceedings shall be closed upon the final arbitral award

or in case one of the circumstances listed in the relevant article occur.

Pursuant to Article 433 of the CPC, unless agreed otherwise by the par-

ties, the arbitrators may decide with the majority of votes. The chair-

man may decide solely on the procedural matters if the parties or the

other arbitrators authorize the chairman.

The arbitral tribunal shall decide as

amiable compositeur or ex

aequo et bono

only if the parties have expressly authorized the arbitral

tribunal on the relevant matter.

In case of settlement of the parties in the course of arbitration pro-

ceedings, the proceedings shall be closed pursuant to Article 434 of the

CPC. In case the parties’ request is in compliance with morals or pub-

lic order, or in a subject that may is arbitrable, the settlement shall be

determined as an arbitral award.

Article 436 of the CPC governs the elements that are required to

be included in the arbitral award. Legal grounds on which the award is

based and the justification, the rights and obligations attributed to par-

ties under a sequence number specified clearly and conclusively and

arbitration costs and the possibility to initiate an action for annulment

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NEWSLETTER 2012