(a) (Conduct of arbitration): The parties agree that:
(i) they have chosen arbitration for the purposes of achieving a just, quick and cost-effective resolution of any Dispute;
(ii) any arbitration conducted in accordance with this clause 50 will not necessarily mimic court proceedings of the seat of the arbitration or the place where hearings take place (if different), and the practices of those courts will not regulate the conduct of the proceedings before the arbitrator; and
(iii) in conducting the arbitration, the arbitrator must take into account the parties' intentions as set out in clauses 50.4(a)(i) and 50.4(a)(ii).
(b) (Evidence in writing): All evidence in chief must be in writing unless otherwise ordered by the arbitrator.
(c) (Evidence and discovery): The rules for evidence and discovery will be the IBA Rules on Evidence, current as at the date of the referral of the dispute to arbitration.
(d) (Oral hearing): The oral hearing must be conducted as follows:
(i) any oral hearing must take place in Melbourne, Victoria and all outstanding issues must be addressed at the oral hearing;
(ii) the date and duration of the oral hearing must be fixed by the arbitrator at the first preliminary conference. The arbitrator must have regard to the principles set out in clause 50.4(a) when determining the duration of the oral hearing;
(iii) oral evidence in chief at the hearing will be permitted only with the permission of the arbitrator for good cause;
(iv) the oral hearing must be conducted on a stop clock basis with the effect that the time available to the parties must be split equally between the parties so that each party has the same time to conduct its case unless, in the opinion of the arbitrator, such a split would breach the rules of natural justice or is otherwise unfair to one of the parties;
(v) not less than 28 days prior to the date fixed for oral hearing each party must give notice of those witnesses (both factual and expert) of the other party that it wishes to attend the hearing for cross examination;
(vi) in exceptional circumstances the arbitrator may amend the date and extend the time for the oral hearing set in accordance with clause 50.4(d)(ii);
(vii) a party will not be bound to accept the written evidence of a witness submitted on behalf of the opposing party which is not challenged in cross-examination; and
(viii) each party is expected to put its case on significant issues in cross-examination of a relevant witness called by the opposing party or, if it seeks to challenge the evidence of a witness not called for cross-examination by reference to other evidence, to identify that evidence in its written opening submissions so that the opposing party may know the nature of and basis for the challenge to the written evidence of a witness.
(e) (Experts): Unless otherwise ordered, each party may only rely upon one expert witness in connection with any recognised area of specialisation.