1E9Ct5D

352C H A P T E R X X I Irequesting. The respondent must answer all points in the claim, unless the partieshave agreed otherwise in that respect;b) Unless agreed otherwise by the parties, they can amend or expand their claim orresponse unless the arbitral tribunal considers such change invalid due to the delayit has caused;c) Unless otherwise agreed by the parties, when the respondent does not present itsresponse within the time period established by the parties or the arbitral tribunal,the latter will go forward with the proceeding without considering that such failureis in itself an acceptance of the allegations of the claimant;d) The parties can establish the specific rules regarding the presentation and acceptanceof the evidence during the proceeding. In the event that the parties have notdone so, the arbitral tribunal can freely decide whether or not to admit the evidenceand the weight that will be given to it, as it considers appropriate;e) Except as agreed otherwise, the parties can formulate allegations and includetherein all the documents they consider relevant in their possession, or make referenceto the documents or evidence they will present subsequently;f) The arbitral tribunal will transfer all the declarations, evidentiary documents, experttestimony, or other information that one of the parties submits to the other party;g) The arbitral tribunal has the authority, unless the parties do not permit it, to appointexperts on the matter in question in order to provide their opinion, and to requestthe parties to appoint experts to offer all the relevant information, documents, ormerchandise necessary. Furthermore, the tribunal itself or by request of one of theparties, may request the expert to appear at the hearings, and the parties can interrogatehim or her on the disputed points;h) Unless agreed otherwise, the arbitral tribunal will decide if a hearing should be heldfor the presentation of evidence or oral arguments, or if the actions will be substantiatedon the basis of documents and other evidence. If the parties have not agreednot to hold hearings, the tribunal will hold such hearings during the appropriatestage of the proceeding at the request of either of the parties. In any case, the partiesmust be notified sufficiently in advance of the hearings and the meetings of the tribunalto examine merchandise or other goods or documents;i) Finally, it is important to indicate that the arbitral tribunal or either of the partieswith the approval of the tribunal may request the assistance of a judge for the gatheringof evidence.5.8. Provisional Precautionary MeasuresEven when an arbitration agreement exists, the parties can, prior to the arbitral proceedingsor during them, request a judge to adopt provisional precautionary measures.