Proceedings and Judgments - Procedure
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(i) Application or special agreement When proceedings are instituted by means of an application, the original of the application has to be signed by the agent of the party concerned or by the diplomatic representative of that party in Germany or by some other duly authorized person. Except when the application is signed by a diplomatic representative, the signature must be authenticated by the diplomatic representative or by the competent governmental authority (Rules, article 54, paragraph 3). The notification of a special agreement may be effected by the parties jointly or by one or more of them (Rules, article 55, paragraph 1). An original or certified copy of the special agreement must accompany the notification (Rules, article 55, paragraph 2).
(ii) Transmission of documents After the proceedings have been instituted, the application or the special agreement is notified by the Registrar to all concerned and to all States Parties to the Convention (Statute, article 24, paragraphs 2 and 3).
(iii) Representation of the parties Except in the case where the party against which the application is made has not yet expressed its consent to the jurisdiction of the Tribunal, all steps on behalf of the parties after proceedings have been instituted are taken by agents. The parties may also appoint a co-agent or a deputy agent and they may have the assistance of counsel, advocates or advisers.
(iv) Consultations with the parties
(v) Additional information concerning the competence of international organizations
(i) Filing of pleadings and formal requirements The original of each pleading is signed by the agent, who supplies the Registry with the documents required under articles 63 to 65 of the Rules and paragraph 9 of the Guidelines. Every pleading must be dated. When a pleading has to be filed by a certain date, the date of its receipt in the Registry is regarded by the Tribunal as the material date (Rules, article 65, paragraphs 1 and 2). If a pleading does not satisfy the formal requirements of the Rules, the Registrar will return it to the party concerned for rectification. After rectification, the pleading is properly filed and the Registrar endorses it on the date of its receipt in the Registry (Guidelines, paragraphs 10 and 11). Upon receipt of a pleading, a certified copy of the pleading and any document annexed thereto is communicated by the Registrar to the other party (Rules, article 66).
(ii) Information to the public Unless otherwise decided by the Tribunal, copies of the pleadings may be obtained by the public on the opening of the oral proceedings (Rules, article 67, paragraphs 2 and 3). Prior to the opening of the oral proceedings, the Tribunal meets in order to exchange views concerning the case (Rules, article 68; Resolution, article 3).
(i) Hearings The oral proceedings consist of the hearing by the Tribunal of agents, counsel, advocates, witnesses and experts (Rules, article 44, paragraph 3). The hearings are public, unless the Tribunal decides otherwise or the parties request that the public be not admitted (Statute, article 26, paragraph 2; Rules, article 74). Prior to the hearings, each party is requested to submit a brief outline of the issues that still divide the parties and of the arguments it wishes to make in its oral statement, and a list of authorities upon which it intends to rely in its oral statement (Guidelines, paragraph 14).
(ii) Witnesses, experts and evidence During the hearings, the parties may call any witnesses or experts appearing on the list communicated to the Tribunal. Any other witness or expert may only be called if the other party raises no objection or if the Tribunal so authorizes in accordance with article 78, paragraph 1, of the Rules.
(iii) Submission of new documents by the parties
(iv) Questions addressed to the parties and requests for information At any time prior to the closure of the oral proceedings, the Tribunal may request an intergovernmental organization to furnish information relevant to a case before it. When a case before the Tribunal concerns the interpretation of the constituent instrument of an intergovernmental organization, the organization is to be notified and may submit written observations within a time-limit fixed by the Tribunal, or by the President if the Tribunal is not sitting (Rules, article 84).
(v) Interpretation and verbatim record A verbatim record of every hearing is drawn up by the Registrar. Copies of the transcript of the verbatim record are circulated to the judges and to the parties, who may request corrections of errors in the transcript relating to their statements. The same applies to statements made by witnesses and experts (Rules, article 86).
(vi) Display of charts, maps and other facilities
(vii) Information to the public Copies of the uncorrected verbatim records of each hearing are made available to the public.
(viii) Final submissions and closure of oral proceedings After the presentation of the case is completed, the President declares the oral proceedings closed. The agents remain at the disposal of the Tribunal (Rules, article 88). The Tribunal may direct that the proceedings in two or more cases be joined (Rules, article 47). When one of the parties does not appear before the Tribunal or fails to defend its case, the other party may request the Tribunal to continue the proceedings and make its decision. Before making its decision, the Tribunal must satisfy itself not only that it has jurisdiction over the dispute, but also that the claim is well founded in fact and law (Statute, article 28). After the closure of the oral proceedings, the Tribunal withdraws to deliberate (Rules, article 88, paragraph 2). The deliberations are and remain confidential (Rules, article 42, paragraph 1). The Resolution contains detailed provisions on the different steps followed during the deliberations of the Tribunal.
(i) Reading of the judgment
(ii) Finality and binding force
(iii) Official languages and translation When an official language of the United Nations other than one of the official languages of the Tribunal is chosen by the parties, article 64 of the Rules allows for any party to request the translation of the decision of the Tribunal into that official language of the United Nations. The translation is made at no cost to the parties.
(iv) Separate or dissenting opinions and declarations
(v) Copies of the judgment Copies of the judgment are available to the public upon request.
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