Article 40. Hearing and written proceedings

Subject to compliance with any agreement of the parties to the contrary, the arbitral court shall decide whether to hold an oral hearing for the presentation of evidence or oral arguments or to conduct the proceedings on the basis of documents and other materials only. However, unless the parties have agreed not to hold an oral hearing, the arbitral court shall hold such a hearing at an appropriate stage of the proceedings at the request of either party.

The parties shall be given sufficient advance notice of any hearing and of any session of the arbitral court for the purpose of inspection of goods, other property, or documents.

All statements, documents, or other information submitted by a party to the arbitral court shall be communicated to the other party. The parties shall also be provided with any expert opinions or other documents constituting evidence on which the arbitral court may rely in making its decision.