ABSTRACT
Procedural Order No. 2, para. 5.3 (2008): “New Factual allegations or evidence shall not be permitted after the respective dates for the Rebuttal Memorials indicated in the above timetable unless agreed between the Parties or expressly authorized by the Tribunal . ” See also: the following rule adopted by an ICDR tribunal: “Documentary evidence from a Party which has not been produced pursuant to a Request to Produce in agreement with [citing procedural orders], may not be submitted absent a showing of reasonable cause for the omission, as determined by the Arbitral Tribunal. No production of new documents shall be allowed or accepted during the Hearing.” ICDR Case No. 50T180, Procedural Order No. 2, para. 18 (2002) (unpublished).
