191 / 522
pute in case such adoption is concurrent with the transparency regime
that the Rules provide and ensures that the arbitration is carried in
practical manner. This power is granted to the arbitral tribunal in addi-
tion to its discretionary power.
Applicable Rules in Case of Conflict
As mentioned in the above paragraph, Article 9 clarifies that the
Rules can be adopted together with any applicable arbitration rules or
in ad hoc proceedings. In case a conflict arises among the Rules and
the applicable arbitration rules, Article 7 provides that the Rules should
prevail. In case there is conflict between the treaty and the Rules the
treaty should prevail
6
.
Publication of Documents
The Rules aim to provide transparent proceedings through publi-
cation of documents, information and open hearings. It should be noted
that the Rules also provide some exemptions by including provisions
regarding confidential information and protected information. With
regard to publication of the documents certain questions are addressed
by the Rules such as access to the documents and types of these docu-
ments.
Pursuant to Article 3 of the Rules, documents shall be made acces-
sible to the public. These documents are notice of arbitration, the
response to the notice of arbitration, the statement of claim, the state-
ment of defence, other additional written submissions or written state-
ments by any disputing party, list of exhibits excluding the exhibits
themselves, expert reports and witness statements.
The Arbitral Tribunal has the power to decide on the availability of
the exhibits with its own initiative or upon request. In addition, tran-
scripts of the hearing, if available, orders, decisions and awards are
also publicly accessible.
ARBITRATION LAW
175
6
See A/68/ 17 para. 18-22.