Procedural Order No 1 in Mototête SA v Visorworld Pty Ltd Arbitration

Read Procedural Order No 1 in the arbitration between Mototête SA (France) and Visorworld Pty Ltd (Australia) seeking the payment of US$ 2 million from the respondent which the respondent has denied as payable. The applicable law to the substantive dispute between the parties is the English law. The seat of arbitration in Singapore. The document type is an arbitration procedural order and the type of assignment is not mentioned.

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Procedural Order No 1
In the arbitration between
Mototête SA (France)
Claimant
Against
Visorworld Pty Ltd (Australia)
Respondent
1. Procedure to date
1.1. The claimant (Mototête SA) is in dispute with the respondent (Visorworld Pty
Ltd).The Claimant is seeking the payment of US$ 2 million from the respondent
which the respondent has denied as payable.
1.2. The claimant has been seeking to resolve the dispute through an arbitration process
in accordance with the relevant protocols where the claimant was involved in a life-
changing motorcycle accident. Mr O’Reilley claimed that the visor of his motorcycle
helmet disintegrated upon impact during the accident and some of the pieces entered
his eyes. Due to the injuries, he was forced to resign from his work as an oil and gas
engineer.
1.3. As agreed by both parties during the proceedings, the applicable law to the
substantive dispute between the parties is the English law. The seat of arbitration in
Singapore .Moreover, the UNCITRAL rules are applicable to the conducts of the
arbitration.
1.4. After multiple consultations were made with the involved parties during the case
management, a number of procedural orders will be provided. First, any dispute
between the parties to this hearing will only be settled through international

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arbitration under the UNCITRAL rules in London, England.1 The appointed
arbitrator, through the set agreements, shall be a barrister practicing in the English
and Wales protocols.2
1.5. The claimant should raise the arbitration proceedings against the respondent to
adhere to the notice of arbitration dated 16th January 2019.
1.6. Both parties have agreed on the terms of engagement as well as the charging rates,
the requested security through their respective responses .In addition, the necessary
payments have been made by both parties with respect to the arbitrator's fees and
expenses into the nominated escrow account.
1.7. No challenges have been intimated to the jurisdiction of the arbitrator to the dispute
referred to them.
1.8. The arbitrator made disclosure of all the matters which might be viewed to be
significant to the proceedings of the arbitration .There have not been any problems
with the fitness of all the involved parties to serve in the proceedings.
1.9. Arbitrator feels to appoint legal assessor and secretary. And described the reasons
why he feels to appoint them. Claimant & Respondent agree to appoint. The fee for
Secretary / day =1/5 of Arbitrator fee.
The Applicable arbitration rules, applicable laws and the seat of the arbitration
1.10. The CIArb/IBA/UNCITRAL arbitration rules as revised in 2010 (UNCITRAL
Rules) are applicable.3
1.11. The applicable laws to the merit of the dispute is the English law.
1.12. The seat of the arbitration, based on the set arbitration rules in London
England. The respondent charged in a location other than where the incident occurred
1 UNCITRAL Rules, Art. 21.3.
2 UNCITRAL Rules, Arts. 19.1 And 19.2; see paragraph 2.4 of the Order.
3 Paragraph 13.4 of the Order; c.f. UNCITRAL Rules, Art.18.2

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may choose to have the proceedings conducted in the location where the accident
occurred.
1.13. The accepted language of the arbitration is English. Article 19 of the
UNCITRAL Arbitration mode require the panel to determine the most appropriate
language to be used in the proceedings. The order of this provision is that the
language of arbitration should be English since all the parties involved are able to
communicate in English and most of the documents are in English.
Exchange of applications
1.1. In accordance with UNCITRAL Arbitration Rules, all parties shall, within 14 days
prior to the set date for the hearing, provide the arbitrator and the copies of the
application which the core participants intend to bank on upon the final hearing.4
1.2. The lawyers of both parties will, within 30 days prior to the fixed date of hearing of
the case, serve on the protocol the applications which they intend to bank on during
the case.
1.3. The core participants will, simultaneously as they serve the applications in agreement
with this direction offer the entire board with all prints of the application.
Notice to admit witness statements
1.4. The parties (Mototête SA v Visorworld Pty Ltd) may serve a notice to each other
requiring to admit to the statements provided by the witnesses and specify the same
in the form of writing. Admitting witness facts should be named in the statement of
claim together with the statement of defence. This is to ensure that all the facts are in
accordance with the UNCITRAL Arbitration Rules.
1.5. A notice admitting witness statement shall be served not later than 42 days prior to
the fixed date of hearing the case. Every notice of admittance to witness statement
4 UNCITRAL Rules, Arts. 20, 21 and 24 – and see the deadline in Art. 25.

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should be given a unique number. For the claimant (C {26th August, 2019}), For the
Respondent (R {28th, August, 2019}). This is to ensure that all the necessary
procedures cover important schedule listing for each party.
1.6. If the addressed partied does not ,within 21 days , provide a notice on the original
party requiring the attendance of the witness and provide oral evidence , the other
party should admit the genuineness of a statement , while the serving party will not
be requisite to request the witness to provide proof during the hearing of the case.
1.7. Every statement from the witness shall contain the name and address of the witness,
their association with both the claimant and the respondent, an outline of their
qualification, an evidence statement which every witness gives and a confirmation of
truth. Moreover, every witness shall sign their accounts and provide the date as well
as the place of signature.5
1.8. All the procedures stated above involve taking sufficient details that can be used as
evidence during the evidentially hearing. Moreover, it will help in identifying the
documentation relied upon, through reference to the statements provided in order
1.11 and 1.12 above. If any of the parties admit to any of the witness statement, a
further specification will be required during the evidential proceedings for appending
purposes.6
Translations and interpretation
1.9. Statements from the three key witnesses and other documents written in a language
other than English will be submitted with a copy of a translated document into
English. It is only the relevant parts that need to be translated. All the translations
will be deemed to be true unless any of the involved parties dispute their authenticity.
Any objection concerning the authenticity of the documents should be raised as soon
5 Arbitration (Scotland) Act 2010 (asp 1), Sch. 1, Rule 24(2).
6 UNCITRAL Rules, Arts. 19.1 And 19.2; see paragraph 2.4 of the Order.

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as possible after a receipt by the objecting party is confirmed. This is to ensure all
documentation have proper legal citations in an accepted language.
1.10. Oral testimonies in other languages other than English will also be interpreted
into English. It is the obligation of the arbitrator to determine whether the
interpretations would be simultaneous or consecutive. This will only be done in
consultation with the parties. All the interpretation expenses will be advanced by the
party presenting the witnesses.7
Written Submissions
1.11. All written statements, including a statement of claim from Mr. Aiden
O’Reilley, and defence from the defence shall be numbered consecutively.
1.12. Where some of the written statements include reference of other documents or
witness statement should be described in accordance with the numbered conventions
of the previous orders.
1.13. Written statements will be accompanied by legal authorities relied upon by
the parties.
1.14. Any provisional submissions will be considered as opening statements during
the evidentially hearing .Therefore, they should include a summary of the issues
required by the tribunal to decide and the position of the party on the matter .Article
29 of the UNCITRAL Arbitration Rules requires both parties to provide the
arguments as well as their representatives to the jury and the witnesses. This
communication protocol will help with the efficiency of the whole process.
Restrictions for Non-disclosure.
7 UNCITRAL Rules, Art. 29.

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1.15. If the involved parties do dishonour’s rule 30.2 of the UNCITRAL Arbitration
Rules model, the judge will not consider their statements as valid. It has been advised
that the guidelines of evidence provided during the hearing should be provided by
those pertinent during the trial since the goal of the PH is to define whether there is
enough confirmation to validate subjecting Visorworld Pty Ltd to the expenses and
inconveniences of the trial.8
Oral evidence
1.16. Visorworld Pty Ltd may cross-examine the presented witness as well as their
written accounts. Moreover, the defendant might produce his proof but might not
object to the witness accounts on the bases that it was acquired in an unlawful
manner. If the arbitrator finds that there is probable cause to prove that there was an
offence committed and the respondent was directly linked, the judge has the authority
to require Visorworld Pty Ltd to appear for further questioning.9
1.17. The entire hearing is under the full control of the judge, in the observance of
proper discretion and government by the principles of fairness for all. The objective
of the inquiry is to arbitrate the absence or presence of possible cause and not to
determine the circumstances of the case. The worth of the required evidence should
be clear. It might not be unacceptable to be insufficient except within the instances
set by the commission i.e. written report by the expert witness.10
Recording the proceedings.
1.18. All the reports of the proceedings must be documented by a court
correspondent using the most appropriate device for the work .Records of the
proceeding might be made available to any of the involved partied upon request. A
8 The CIArb Practice Guideline on Managing Arbitrations and Procedural Orders Article 3.2 indicates that
arbitrators should inform the parties of any practical consequences of non-compliance with procedural orders
9 P7 of the CIArb Practice Guideline on Managing Arbitrations and Procedural Orders
10 UNCITRAL Rules, Art. 29

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copy of the recordings together with their transcripts might be provided to any of the
involved partied upon their request.
Extending the time.
1.19. With consent from Visorworld Pty Ltd and upon demonstrating good cause
and considering the amount of public interest into the case. The time limit might be
extended based on rule 5.4(c) of the English procedure. If the respondent does not
accord permission, the panel may make a time extension only after presenting that
extraordinary circumstances do exist and fairness requires further adjournment.11
1.20. Article 17(1) of the UNCITRAL Arbitration Rules requires the jury to carry
out the proceedings accordingly in order to avoid any unnecessary delays and
expenses and to give a fair procedure of resolving the dispute between the involved
parties. This section also offers a framework that should be used to determine the
case.12 The claimant’s value for compensation ($2M) is considerable. However, it is
not a small amount for payments, because there are other issues that have been raised
into the amount claimed .Therefore both parties must have reasonable opportunity to
present their arguments in these cases in accordance with (Article 17(1).13
Pre-hearing meeting
1.21. There shall be a pre-hearing meeting, in order to discuss matters relating to the
evidentially hearing.14
1.22. The meeting shall be conducted through a conference call at 8am GMT on
25th January 2020.
1.23. The meeting shall also include other topics such as :
11 See paragraph 11 UNCITRAL Rules, Art. 27.2
12 UNCITRAL Rules, Art. 17.1; Arbitration (Scotland) Act 2010 (asp 1), Sch. 1, Rule 24(1) (c) (ii).
13 Ibid.at .487
14 UNCITRAL Arbitration Rules 2010 (“UNCITRAL Rules”), Art. 18.2.

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 Reviewing any objections to the relevance of admitting witness statements
which may have been intimated by the parties in accordance with the
provisional timetable, including evidence on whether the visor accident could
have been prevented or not.
 Discussions about the use of technology in the hearing process, if any,
including written statements regarding the same.
 Discussions about the cross-examination of the witnesses.
 Discussions as to whether the cross-examination should be conducted
collectively or consecutively.
 Discussion regarding how the management should be managed, including
how the days of the hearing will be an allocation between the parties,
witnesses and oral statements
 Discussions on how costs and interests should be planned during evidentially
hearing.15
Expert evidence
1.36 . Expert evidence will be heard on 20th and 21st July 2020, even though the seat of
the arbitration will still be in London.
1.37 . As indicated in clause 1.23 (written submissions) provisional statements will be
considered as the opening statements.16
1.38 The tribunal will elaborate to the witnesses that they are only required to provide true
statements and request them to comply with the set terms.17
1.39 The order of witness cross-examination during the hearing shall be as follows:
 Witnesses to the claimant 15th September 2019,
 Witnesses to the respondent 20th September 2019
15 CIArb Guidelines on Managing Arbitrations and Procedural Orders, p 5.
16 ICC Rules of Arbitration 2017, Art. 31.1.
17 UNCITRAL Rules, Art. 19.2

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 Discussions regarding the most appropriate manner of hearing witness
statements.
1.40. Witness might not be physically present during the hearing unless it is agreed
otherwise by the witnesses .This order is not applicable to the representatives of the
parties or witnesses who might have already provided their oral testimonies.18
1.41. After witness statements have been reviewed, the jury will cross-examine the
statement through oral submissions In order to ascertain their authenticity.19
Selecting a location.
1.42. The respondent charged in a location other than where the incident occurred may
choose to have the PH conducted in the location where the accident occurred. The
provisions for an evidentially hearing are provided under Article 17(4), for both
parties.20 It is supposed to take place in a neutral location which is accepted by both
parties. 4 days are sufficient as it is considered that through proper case management,
including witness submissions and joint deliberations of agreements and disagreement,
the evidentiary hearing can be conducted within three days. Selection of the most
appropriate location reflects the power of the jury under Article 28 including that the
parties might be heard under set conditions and reviewed in the manner set by the
tribunal.21
Timetable
1.43. The arbitrator has provided a time schedule on how the arbitration process will be
conducted .The dates that will be provided therein are provisional pending the
confirmation of the jury and the representatives of both parties. This will ensure that the
relevant witnesses are physically available during the evidentially hearing.
18 2016 UNCITRAL Notes on Organising Arbitral Proceedings para 4
19 UNCITRAL Rules, Art. 17.3.
20 Id.at 387.
21 UNCITRAL Rules, Art. 28.4

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1.44. The claimant (Mototête SA) shall submit a statement of claim within a period not
more than 42 days. The respondent shall a defence statement together with any
objections within a period, not more than 21 days, from the claimant’s submission of
statements.22
1.45. Short time extension will be accepted as long as they don’t affect any of the later
plans in the set schedule and as long as the arbitrator is informed prior to the relevant
original deadline.
Signed: ------------------------------
Arbitrator ----------------------------
Bibliography
1. UNCITRAL Rules, Arts. 20, 21 and 24 – and see the deadline in Art. 25
2. UNCITRAL Rules, Art. 21.3.
3. UNCITRAL Rules, Arts. 19.1 And 19.2; see paragraph 2.4 of the Order.
4. Paragraph 13.4 of the Order; c.f. UNCITRAL Rules, Art.18.2: UNCITRAL Rules,
Art.18.2. I do not intend in this regard to follow the requirement of the IBA Rules of
Evidence, Article 7 that parties are allowed to attend the inspection.
22 UNCITRAL Rules, Arts. 20 and 21.

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5. Arbitration (Scotland) Act 2010 (asp 1), Sch. 1, Rule 24(2).
6. UNCITRAL Rules, Arts. 19.1 And 19.2; see paragraph 2.4 of the Order.
7. UNCITRAL Rules, Art. 29. Notes on Organizing Arbitral Proceedings 2016, para 36;
Veteran Petroleum Limited (Cyprus) v The Russian Federation, PCA Case No AA
288, Final Award 18 July 2014
8. The CIArb Practice Guideline on Managing Arbitrations and Procedural Orders
Article 3.2 indicates that arbitrators should inform the parties of any practical
consequences of non-compliance with procedural orders
9. P7 of the CIArb Practice Guideline on Managing Arbitrations and Procedural Orders
10. UNCITRAL Rules, Art. 29
11. See paragraph 11 UNCITRAL Rules, Art. 27.2
12. UNCITRAL Rules, Art. 17.1; Arbitration (Scotland) Act 2010 (asp 1), Sch. 1, Rule
24(1) (c) (ii).
13. UNCITRAL Rules, Art. 17.1: for an evidentiary hearing, sought by both parties. It is
to take place in London as a neutral venue which was, ultimately, acceptable to both
parties, and costs will be kept down since this is where the arbitrator is based. Parties
had different views on how long the evidentiary hearing would take
14. See paragraph 11 UNCITRAL Rules, Art. 27.2: This is arguably the default position
under the UNCITRAL Rules – Art. 27.2.
15. UNCITRAL Rules, Art. 17.1; Arbitration (Scotland) Act 2010 (asp 1), Sch. 1, Rule
24(1) (c) (ii).
16. Ibid.at .487.
17. UNCITRAL Arbitration Rules 2010 (“UNCITRAL Rules”), Art. 18.2.
18. CIArb Guidelines on Managing Arbitrations and Procedural Orders, p 5.
19. ICC Rules of Arbitration 2017, Art. 31.1.

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20. UNCITRAL Rules, Art. 19.2
21. 2016 UNCITRAL Notes on Organising Arbitral Proceedings para 4
22. UNCITRAL Rules, Art. 17.3. this was also as requested by the
Respondent, who is entitled to have oral submissions heard – UNCITRAL Rules,
Art. 17.3.
23. Id.at 387.
24. UNCITRAL Rules, Art. 28.4
25. UNCITRAL Rules, Arts. 20 and 21.