GUIDELINES CONCERNING THE PREPARATION AND PRESENTATION OF CASES BEFORE THE TRIBUNAL
(ISSUED BY THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA ON 28 OCTOBER 1997, AMENDED ON 25 SEPTEMBER 2025)
The Tribunal,
Acting pursuant to article 50 of the Rules of the Tribunal,
Issues the following Guidelines.
WRITTEN PROCEEDINGS
1. Two hard copies, an original and a certified copy, of every pleading and its supporting documents should be prepared in the format 21 x 29.7 cm, 8.27" x 11.69" (A4). In addition, electronic versions of every pleading and its supporting documents should be prepared in PDF and MS Word. The parties should consult the Registry’s Rules for the Preparation of Texts.
2. A pleading should be as concise as possible. The parties are also requested to append to their pleadings only strictly relevant supporting documents.
3. Every pleading should contain a table of contents and a list of supporting documents. The table and list should be placed at the beginning of the pleading but before the commencement of Part I.
4. Every pleading and its supporting documents should be arranged, where practicable, in two parts, namely, Part I – memorial or counter-memorial or reply or rejoinder, as the case may be, and Part II – supporting documents. The documents should be arranged in the same order as in the table of contents. Each document should be given a heading, which should be repeated at the top of each page over which the document extends.
5. If the reproduction in large numbers of a particular document (e.g., a large map) presents technical problems, the matter should be raised with the Registrar at the earliest opportunity, so that appropriate arrangements can be made.
6. Every pleading should be divided into paragraphs, numbered consecutively, each paragraph being confined to a distinct portion of the subject. It should contain at the end of Part I a short summary of the arguments together with the page and paragraph numbers within which such arguments may be found. The name of the other party and the name and address of the agent should be clearly and properly stated.
7. Whenever the contents of any document are to be referred to in a pleading, it will be sufficient if the pleading states the effect thereof as briefly as possible, without setting out the whole document or any part thereof, unless the precise words of such a document or any part thereof are material.
8. A party should in its pleading deal specifically with each allegation of fact in the pleading of the other party of which it does not admit the truth; it will not be sufficient for it to deny generally the facts alleged by the other party.
9. Unless otherwise specified by the Registrar, each party should furnish to the Registry 60 additional copies of its pleading with supporting documents.
10. Upon receipt of a pleading, the Registrar will endorse on it the date of its receipt in the Registry. All pleadings, documents and other communications may be submitted to the Tribunal directly in person or through courier or regular mail. They may also be submitted through electronic means in clear form. In determining whether a party has submitted its pleadings, documents or other communications within the time-limits fixed by or under the Rules, the date on which the Tribunal receives them electronically will be regarded as the material date provided they are followed without unreasonable delay by the paper originals thereof.
11. Where a pleading or an application or a declaration does not satisfy the formal requirements of the Rules of the Tribunal, the Registrar will return the same to the party seeking to file it for rectification. Where necessary, the Registrar will consult the President. In determining whether a party has submitted a pleading, etc., within the time-limit fixed by or under the Rules, the time taken by the Registrar to examine whether the pleading satisfies the requirements of the Rules will be excluded.
ORAL PROCEEDINGS
12. Each party should submit to the Tribunal, prior to the opening of the oral proceedings, (a) a brief note on the points which in its opinion constitute the issues that still divide the parties; (b) a brief outline of the arguments that it wishes to make in its oral statement; and (c) a list of authorities, including, where appropriate, relevant extracts from such authorities, proposed to be relied upon in its oral statement. None of these materials will be treated as documents or parts of the pleadings.
13. The oral statements should be as succinct as possible and should not merely repeat the facts and arguments contained in the written pleadings.
14. The parties will be required to keep within the time allotted for the presentation of their oral statements.
15. Unless otherwise decided, the Tribunal sits between 10.00 to 13.00 and 15.00 to 18.00 on all days on which the Tribunal holds oral proceedings.
16. The parties are required to inform of any visual demonstration facilities needed in advance of the oral proceedings.
ADVISORY PROCEEDINGS
17. These Guidelines apply, mutatis mutandis, to advisory proceedings as they apply to contentious proceedings.
(signed)
Thomas A. MENSAH,
President
(signed)
Gritakumar E. CHITTY,
Registrar