s.33Hearing and written proceedings
33
Section 33Part 7ARBITRAL PROCEEDINGS

Hearing and written proceedings

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Subject to any contrary agreement by the parties, the arbitral tribunal shall determine if proceedings are to be conducted by —
oral hearing for the presentation of evidence;
the production of documents and other written materials;
the use of telecommunications technology; or
a combination of the above.
Unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall, upon the request of a party, hold such hearings at an appropriate stage of the proceedings.
The parties shall be given sufficient notice in advance of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of documents, goods or any other property.
All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party.
Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.
Unless otherwise agreed in writing by the parties to the arbitration agreement, an arbitral tribunal in conducting proceedings under an arbitration agreement is not bound by rules of evidence but may inform itself in relation to any matter as the arbitral tribunal thinks fit.
In this section — "telecommunications technology" means the transmission, emission or reception of data, text, signs, signals, writing, images, sounds or communication of any nature by wire, radio, optical, telephone, computer or other electronic system whether or not such data, text, signs, signals, writing, images, sounds or communications have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.

Defined Terms

telecommunications technology