Rule 104

Aim of the interim conference

Rules of Procedure

Part 1 – Procedures before the Court of First Instance

Chapter 2 – Interim procedure

Interim Conference

Rule 104 – Aim of the interim conference

The interim conference shall enable the judge-rapporteur to:

(a) identify main issues and determine which relevant facts are in dispute;

(b) where appropriate, clarify the position of the parties as regards those issues and facts

(c) establish a schedule for the further progress of the proceedings;

(d) explore with the parties the possibilities to settle the dispute or to make use of the facilities of the Centre;

(e) where appropriate, issue orders regarding production of further pleadings, documents, experts (including court experts), experiments, inspections, further written evidence, the matters to be the subject of oral evidence and the scope of questions to be put to the witnesses;

(f) where appropriate, but only in the presence of the parties, hold preparatory discussions with witnesses and experts with a view to properly preparing for the oral hearing;

(g) make any other decision or order as he deems necessary for the preparation of the oral hearing including, after consultation with the presiding judge, an order for a separate hearing of witnesses and experts before the panel;

(h) set a date for any separate hearing pursuant to point (g) of this Rule, confirm the date for the oral hearing and order, where appropriate, after consultation with the presiding judge and the parties that the oral hearing or a separate hearing of witnesses and experts be wholly or partly by video conference in accordance with Rule 112.3;

(i) decide the value of the action in accordance with Rule 370.6.;

(j) decide the value of the proceeding for the purpose of applying the scale of ceilings for recoverable costs (Rule 152.3);

(k) order the parties to submit, in advance of the decision at the oral hearing, a preliminary estimate of the legal costs that they will seek to recover.

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