Article 33 Evidence

Evidence before the Tribunal may be given orally and may be on oath or affirmation or, if the parties to the proceedings consent or the Tribunal or President so orders, by affidavit.

Notwithstanding paragraph (1), the Tribunal may at any stage of the proceedings require the personal attendance of any deponent for examination or cross-examination.

Paragraphs (2) to (7) of rule 38 shall apply to an application to the President for leave to give evidence by affidavit but as if for “registrar” in those paragraphs there were substituted “President”.

Nothing in the Civil Evidence Act 1972^f1, or in rules of court made under it, shall prevent expert evidence from being given before the Tribunal by any party even if no application has been made to the Tribunal for a direction as to the disclosure of that evidence to any other party to the proceedings.