s.
The proceedings before the Arbitral Tribunal
Article 20
Procedures of the Arbitral Tribunal
(1) The manner of conducting the proceedings is to be determined by the Arbitral Tribunal in compliance with the conditions set down in the arbitration agreement and these Rules, with due account taken of the wishes of the parties.
(2) The Arbitral Tribunal may decide that the Chairman alone may make procedural rulings.
(3) The Arbitral Tribunal shall maintain the confidentiality of the arbitration and conduct each case in an impartial, practical and expeditious manner, giving each party sufficient opportunity to present its case.
(4) The Arbitral Tribunal may, after consultation with the parties, decide to conduct hearings at a location other than the Place of Arbitration.
(5) Article 12 shall apply with respect to communications from the Arbitral Tribunal.
Article 21
Statement of Claim and Defence
(1) The Claimant shall, within the period of time determined by the Arbitral Tribunal, submit a Statement of Claim which, unless previously provided in the case, shall include;
(i) the specific relief sought;
(ii) the material facts and circumstances on which the Claimant relies; and
(iii) a preliminary statement of the evidence on which the Claimant intends to rely.
(2) The Respondent shall, within the period of time determined by the Arbitral Tribunal, submit a Statement of Defence, which, unless previously provided in the case, shall include;
(i) a statement as to whether and to what extent the Respondent accepts or denies the relief sought by the Claimant;
(ii) the material facts and circumstances on which the Respondent relies;
(iii) any counterclaim or set-off claim and the grounds on which it is based; and
(iv) a preliminary statement of the evidence on which the Respondent intends to rely.
(3) The Arbitral Tribunal may determine that the parties are to submit additional written statements.
Article 22
Amendments to Claim or Defence
(1) A party may amend his claim or defence in the course of the proceedings if his case, as amended, is still comprised by the arbitration agreement, unless the Arbitral Tribunal considers it inappropriate having regard to the point of time at which the amendments is requested, the prejudice that may be caused to the other party or other circumstances.
(2) The provisions of Article 10 shall not preclude the preceding paragraph from being applied with respect to the right of a party to introduce a counterclaim or a set-off claim.
Article 23
Language
Unless the parties have agreed in the arbitration agreement on the language or languages to be used in the proceedings, the Arbitral Tribunal shall, after consultation with the parties, make such decision.
Article 24
Applicable Law
(1) The Arbitral Tribunal shall decide the merits of the dispute on the basis of the law or rules of law agreed by the parties. In the absence of such an agreement, the Arbitral Tribunal shall apply the law or rules of law which it considers to be most appropriate.
(2) Any designation made by the parties of the law of a given state shall be construed as directly referring to the substantive law of that state and not to its conflict of laws rules.
(3) The Arbitral Tribunal shall decide the dispute ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.
Article 25
Oral Hearing
(1) An oral hearing shall be arranged if requested by either part
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