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and must include the statement of defense, the defense regarding lack
of jurisdiction, and any counterclaims.
R39 of the Rules also provides that in cases where the request for
arbitration is similar to a pending arbitration case in terms of the facts,
the President of the Panel, or the President of the Division, may con-
solidate the two cases after consulting with the parties.
Procedure
Pursuant to Article of R44 of the Rules, there is a written proce-
dure phase before the Panel, as well as an oral phase. In terms of
Article R44, the parties are allowed to exchange one statement of
claim, one response and, if necessary for the case at hand, provide one
reply and one second response (“Written Submissions”). This provi-
sion further provides that the parties can include claims that were not
raised previously in their statements of claim and responses. After this
step of the procedure, the parties are not allowed to raise additional
new claims.
In their written submissions, it is important for the parties to gath-
er their evidence. This evidence will be included in the statement of
claim and response. The parties can only produce evidence following
the written submission phase through mutual agreement, or with the
permission of the Panel.
If the parties wish to call a witness or expert, each party must
include the names and summaries of the testimonies of the witnesses
into the written submissions.
The oral phase of the CAS procedure, which is the actual hearing,
is not obligatory. Pursuant to Article 44.2, if the Panel decides that the
information submitted is satisfactory, upon confirmation from the par-
ties, the Panel can decide not to hold a hearing. The rule stipulated
under Article 44.2 is to hold a single hearing where the Panel hears all
of the oral arguments, witness and expert statements, and the respon-
dent’s arguments are heard last. Article 44.2 allows the President of the
Panel to conduct a hearing via teleconference or video conference sub-
ject to his/her decision. After the hearing is concluded, the parties are
permitted to produce any other written pleadings, and the Panel has the
discretion to decide otherwise.
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