The focus of this chapter is on the impact of the time factor and of particular circumstances on the modalities of question time. Is there a perfect timing for raising questions? Incidental proceedings – such as requests for the indication of provisional measures, raising preliminary objections, presenting a counter-claim or an application for permission to intervene – do not only interfere with the original litigation strategy of the parties, but they also influence questioning by the Bench. The same applies in particular circumstances such as requests for interpretation or revision of judgments, non-appearance and the joining of cases or proceedings.

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The Impact of the Time Factor and of Particular Circumstances

  • Karel Wellens

摘要

The focus of this chapter is on the impact of the time factor and of particular circumstances on the modalities of question time. Is there a perfect timing for raising questions? Incidental proceedings – such as requests for the indication of provisional measures, raising preliminary objections, presenting a counter-claim or an application for permission to intervene – do not only interfere with the original litigation strategy of the parties, but they also influence questioning by the Bench. The same applies in particular circumstances such as requests for interpretation or revision of judgments, non-appearance and the joining of cases or proceedings.