Tuesday, October 25, 2011
Discovery
Once the pleading s have been completed , the precise issues whioch the arbitrator is to decide should be clear . Every fact to be relied upon must be pleaded , but the manner in which it is to be proved need not be disclosed until the reference . The term discovery means the disclosure of all documents which are in the control of each party and which are in an way relevant to the issues of arbitration . Each party must allow thge other to inspect and to take copies of all or an of the documents in their list , unless they can argue on the grounds that it is privileged . The most important of these types of document are the communications between a part and their solicitors for the purpose of obtaining legal advice . A party who refuses to allow inspection may be orderted to do so by the arbitrator . In a fixing the date and place of the hearing , arbitrators have the sole discretion , subject to any laid down in the arbitration agreement . THey must , however , be seen to act in a reasonable manner . A refusal to attend the hearing by either party , after reasonable notice has been given , may empower the arbitrator to proceed without that party , ie. ex parte .
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