Procedure and Evidence

18. (22) The hearing of the Arbitration Board shall commence with the party initiating the arbitration presenting its case summarized in writing and supported by witnesses available for cross-examination. The other party or parties shall similarly present their cases followed by any intervenor. The claimant shall have a final right of rebuttal after which argument shall be made by the parties in the same order, consisting of a summary of the facts alleged and an explanation of any legal propositions advanced.

18. (23) Where a member of the Arbitration Board refuses to act or is incapable of acting, the party by whom the member was appointed shall appoint a member in his stead. Where the Chairman or Vice-Chairman refuses to act or is incapable or acting,  Canada shall promptly appoint a replacement.

18. (24) Where a Judge is satisfied on evidence submitted by a party that a member of the Arbitration Board has been guilty of misconduct in the arbitration, the judge may remove the member and may require the party who named the member to appoint a replacement.

18. (25) Where any member of a panel refuses to act, is removed or is incapable of acting and the party having the right to appoint a person to fill the vacancy has not made the appointment, the panel may continue without the member and has the like power to act and to make an award as if it were fully constituted.

18. (26) The Arbitration Board may:

(a) administer oaths and solemn affirmations to the parties and witnesses;

(b) subpoena witnesses or documents;

(c) state an award as to the whole or any part of the dispute;

(d) correct any clerical mistake, error or omission in an award; and

(e) require a special study on the issue by the Research Advisory Council established by subsection 14(81).

18. (27) Witnesses shall be examined under oath or solemn affirmation.