Arbitration Act (Cap. 387), article 36

36. (1) Subject to the provisions of article 37, the evidence of witnesses in an arbitration shall be produced either viva voce or by affidavit, and subject to the relevant articles of this Part, t he rules of the Code of Organization and Civil Procedure and of any law from time to time in force in Malta shall apply to the producti on of evidence viva voce or by affidavit before the arbitral tribunal as they apply to the production of evidence before a court of civi l jurisdiction. (2) The Centre may make rules setting down the terms within which the evidence is to be produced and the manner of its production, and the parties may, notwithstanding the foregoing and the provisions of subarticle (1), agree that the evidence of witnesses is to be produced within such times and in such manne r as may be determined by the parties: Provided that such agreement may not be incompatible with any rule made by the Centre and declared by it to be inderogabl e. (3) Subject to the provisions of article 37(2), where the evidence of any person is required, the registrar may issue wri ts of subpoena to compel the attendance of a witness to give evidence or produce documents before an arbitral tribunal. The application for the issue of the writ shall be countersigned by the sole arbitr ator, or the presiding arbitrator, and shall be filed in the registry of the Civil Court, First Hall, by the registrar. (4) The provisions of subarticle (3) shall apply mutatis mutandis where for the purposes of proceedings before an arbitral tribunal, a rogatory commission or letters of request are requi red to be issued in respect of, or an affidavit is required by, a pers on who is not resident within the jurisdiction of the courts of Malta. (5) Upon the filing of an application to which subarticles (3) a nd (4) apply, the court which, had there not been an arbitration a greement, would otherwise have had jurisdiction shall notify the writ or otherwise act on the application in the same manner as if such application or such writ had been issued or approved by the Civ il Court, First Hall. (6) Where any person who has been regularly subpoenaed to ARBITRATION [CAP. 387. 17 appear before an arbitral tribunal in accordance with this arti cle fails to appear before the said tribunal without reasonable exc use, the tribunal may make a report thereon to the registrar who sha ll by application bring the report to the attention of the Civil Cour t, First Hall, requesting it to deal with the matter in the same manner as if the person concerned had failed to appear before that court whe n regularly subpoenaed and thereupon the court shall deal with th e matter in the said manner. Oral hearing.37. (1) In the event of an oral hearing of the parties or of witnesses, the arbitral tribunal shall give the parties adequat e advance notice of the date, time and place thereof. (2) If the witnesses are to be heard, each party shall communicate to the arbitral tribunal and to the other party, at least fifteen days before the hearing, the names and addresses of the witnesses he intends to present, the subject upon which and the languages in which such witnesses will give their testimony. (3) The arbitral tribunal shall make arrangements for the translation of oral statements made at a hearing and for a reco rd of the hearing if either is deemed necessary by the arbitral tribu nal in the circumstances of the case, or if the parties have agreed th ereto and have communicated such agreement to the arbitral tribunal a t least fifteen days before the hearing. (4) Hearings shall be held in camera unless the parties agree otherwise. The arbitral tribunal may require the retirement of any witness or witnesses during the testimony of other witnesses. T he arbitral tribunal is free to determine the manner in which witn esses are examined. (5) The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered. Interim measures and precautional acts. Amended by: XVIII.1999.15; XXXI. 2002.239. Cap. 12. Cap. 12.