Evidence without timely notice: when an arbitral tribunal must inform both parties

Section 599(2) ZPO requires the parties to be informed in good time of every hearing and every meeting of the arbitral tribunal for the purpose of taking evidence. The notice duty therefore also covers a separate meeting arranged for evidence-taking.

The provision sets no fixed number of days. The event, the procedural orders and the preparation each party needs all matter when assessing whether notice came in good time.

This article focuses on notice of the event. The preparation of witness evidence is covered in Witnesses in arbitration. The separate question of state-court assistance is addressed in the article on court assistance under section 602 ZPO.

Which events section 599(2) covers

The provision names two types of event: every hearing and every meeting of the arbitral tribunal for the purpose of taking evidence. Each party must be informed in good time. A separate evidence meeting can therefore fall within the notice duty even when it is not called an ordinary oral hearing.

The rule concerns information about the event. It does not decide whether a particular witness must be summoned or when a state court can assist with evidence. The linked articles address witness evidence and section 602 ZPO separately.

How much notice is in good time

Section 599(2) ZPO sets no minimum period in days. The word “in good time” therefore supplies no general number for every case. The time when each party received the message and the preparation still required before the event are relevant to the assessment.

Read the interval together with the procedural orders already made. A complex evidence step, coordination between participants or unresolved access arrangements may call for more preparation than a planned routine event. These are practical factors for the individual assessment, not a statutory list of time limits.

What the notice should make clear

The duty is to inform each party. Section 599(2) ZPO itself prescribes neither a form nor one general communication channel. Agreed procedural rules and orders made by the tribunal may govern how messages are sent.

For a practical review, it helps if the message identifies the date, time, purpose and location or access details. Record when and how it arrived as well. These details make it possible to compare the notice with the procedural timetable; they are not an additional statutory checklist.

What to do if notice arrives late

If the event is still pending and you cannot prepare in time, tell the arbitral tribunal promptly. Explain which information or preparation time is missing and what measure would make preparation or participation possible. This request does not guarantee a new date.

Use the communication channel set for the proceedings and keep the message with its sending and receipt times. The record should show when you received notice and when you raised the concern.

What a failure to notify may mean

If the evidence event has already taken place, record when you learned about it, what happened and what notice you received beforehand. If you consider that a procedural defect occurred, raise it with the tribunal promptly after learning of it.

Section 579 ZPO addresses procedural provisions in this part from which the parties may depart and agreed procedural requirements. Where that section applies, a party may lose the right to raise the defect later if it did not object without delay after learning of it or within the period provided for that purpose. Whether those conditions apply to a particular notice issue depends on the procedure and the record. Section 599(2) does not make every later award automatically invalid.

Records that help with a review

For an initial assessment, keep the arbitration agreement, procedural orders, the notice with its timestamp and any record of the evidence event. A short timeline should show when the event became known, when notice arrived and when you responded.

Keep your message to the tribunal and its reply as well. Together, these materials show whether information was missing, arrived late or reached a party who then could not attend. The legal assessment depends on the complete procedural record.

Questions about notice of evidence events

Does the notice duty cover a separate evidence meeting?

Yes. Section 599(2) ZPO covers every hearing and every meeting of the arbitral tribunal for the purpose of taking evidence. The purpose of the meeting matters.

Does the statute require notice a set number of days in advance?

No. Section 599(2) ZPO sets no fixed minimum number of days. The procedural orders and the preparation needed for the event must be considered in the particular case.

Does missing notice automatically invalidate the award?

Section 599(2) ZPO requires timely notice but does not state that every later award is automatically invalid. Section 579 ZPO may also make a prompt objection important where its conditions are met.

Subscribe to legal updates

Receive new articles and legal updates from the firm through BRANDaktuelle legal updates.

Next step

Contract, arbitration clause, correspondence and deadlines should be collected. It can then be assessed whether negotiation, preservation or arbitration is central.