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Article 29: Separate Evidence Stage with Certified Mechanism

Part VIII — CONDUCT OF THE ARBITRATION

29.1 Purpose. This Article separates the evidence-taking stage from the main hearing and records evidence through a certified institutional mechanism that produces an authenticated transcript, tamper-evident recording, and exhibit register. Post-award disputes about the integrity of the evidence record are a frequent delay vector at setting-aside and enforcement stages; the Certified Mechanism addresses that vector directly.

29.2 Procedure.

29.2.1 On close of Pre-Evidence Discovery, the Tribunal shall fix the Evidence Stage dates by procedural order. 29.2.2 The Evidence Stage shall be conducted in a Lex Arbitrate Evidence Room (physical or virtual) with: (a) official transcription by an approved transcription service; (b) tamper-evident audio-video recording with hash-sealed segments; (c) an exhibit register maintained in real time by the case manager; (d) digital signature of each witness on the statement and on the transcript at the close of examination; (e) institutional timestamping. 29.2.3 At the close of the Evidence Stage, the Registrar shall issue a Certificate of Evidence Stage recording the dates, witnesses examined, documents exhibited, hashes of the recording and transcript, and any Tribunal directions.

29.3 Institutional Control. The Tribunal is master of the evidence. The recording, transcription, timestamping, and exhibit register are institutional functions. This separation protects the integrity of the evidence record.

29.4 Applicability.

29.4.1 Mandatory for Standard Commercial and Complex-Commercial Tracks. 29.4.2 Optional but recommended for Express Track. 29.4.3 At the Tribunal’s direction for Small-Value Track.

29.5 Integration with Section 65B. The Certificate of Evidence Stage is a Section 65B-compliant institutional certificate for electronic evidence admitted during the Evidence Stage.

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Parties with a valid arbitration agreement may file a Notice of Arbitration under the Consolidated Rulebook. The Secretariat acknowledges within one business day.

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Withdrawal within fourteen days of the Notice is permitted under Article 7 without forfeiture of the Registration Fee *.