Article 37
The parties have the right to appoint delegates or special agents to attend the Tribunal, for the purpose of serving as intermediaries between them and the Tribunal.
They are further authorized to retain, for the defense of their rights and interests before the Tribunal, counsel or advocates appointed by them for this purpose.
Article 38
The Tribunal decides on the choice of languages to be used by itself, and to be authorized for use before it.
Article 39
As a general rule the arbitral procedure comprises two distinct phases: preliminary examination and discussion.
Preliminary examination consists in the communication by the respective agents to the members of the Tribunal and to the opposite party of all printed or written Acts and of all documents containing the arguments invoked in the case. This communication shall be made in the form and within the periods fixed by the Tribunal in accordance with Article 49.
Discussion consists in the oral development before the Tribunal of the arguments of the parties.
Article 40
Every document produced by one party must be communicated to the other party.
Article 41
The discussions are under the direction of the President.
They are only public if it be so decided by the Tribunal, with the assent of the parties.
They are recorded in the procès-verbaux drawn up by the Secretaries appointed by the President. These procès-verbaux alone have an authentic character.
Article 42
When the preliminary examination is concluded, the Tribunal has the right to refuse discussion of all fresh Acts or documents which one party may desire to submit to it without the consent of the other party.
Article 43
The Tribunal is free to take into consideration fresh Acts or documents to which its attention may be drawn by the agents or counsel of the parties.
In this case, the Tribunal has the right to require the production of these Acts or documents, but is obliged to make them known to the opposite party.
