34. Determination of rules of procedure
(1) The parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
(2) The parties are free to agree to adopt, in whole or part, the ADGM Arbitration Centre Arbitration Guidelines, regardless of the seat or the applicable rules of procedure.
(3) In the absence of an agreement on the procedure to be followed, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.
(4) In all cases, the arbitral tribunal must adopt procedures which are suitable to the circumstances of the particular case, avoid unnecessary delay and expense, and facilitate fair, efficient and expeditious conduct of the arbitration.
(5) In exercising its discretion under subsection (4), the arbitral tribunal shall consider the use of technology in order to enhance the efficient and expeditious conduct of the arbitration including, as appropriate, for:
(a) the submission, exchange or communication of documents by electronic means;
(b) the use of electronic signatures for documents submitted, exchanged or communicated;
(c) documents being provided in electronic searchable form;
(d) the use of an electronic document review system for disclosure or document production;
(e) the use of an electronic document management system for hearings;
(f) the use of an online case management platform;
(g) conducting hearings, in whole or in part, by video conference, telephone or other communication technology; or
(h) enhancing by the use of any other technology the efficient and expeditious conduct of the arbitration.