Arbitration procedures

Arbitration procedures


The composition of the arbitral tribunal can vary enormously, with either a sole arbitrator sitting, two or more arbitrators, with or without a chairman or umpire, and various other combinations. Most institutional rules including the Vienna Rules contain provisions for payment of an advance on costs, and arbitrators often have the power under national laws to require payment of an advance, even absent an express provision to that effect. It is not a complicated procedure and usually it does not take long. In other words, they must be aimed at such a dispute resolution that, after the award, the parties can still do business together. It may not have the legal authority to order injunctive relief, issue a declaration, or rectify a contract, such powers being reserved to the exclusive jurisdiction of the courts.

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Arbitration procedures. 5.1 Party Autonomy.

Arbitration procedures


The composition of the arbitral tribunal can vary enormously, with either a sole arbitrator sitting, two or more arbitrators, with or without a chairman or umpire, and various other combinations. Most institutional rules including the Vienna Rules contain provisions for payment of an advance on costs, and arbitrators often have the power under national laws to require payment of an advance, even absent an express provision to that effect. It is not a complicated procedure and usually it does not take long. In other words, they must be aimed at such a dispute resolution that, after the award, the parties can still do business together. It may not have the legal authority to order injunctive relief, issue a declaration, or rectify a contract, such powers being reserved to the exclusive jurisdiction of the courts. Arbitration procedures

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2 thoughts on “Arbitration procedures”

  1. In all cases, the Arbitral Tribunal takes account of the provisions of the contract and the relevant trade usages. In arbitration, there is no limitation of evidence, although a presiding arbitrator has the power to fix a date after which no evidence would be accepted; the parties may agree the manner in which the proceedings to take evidence are to be conducted, e. If it fails to do so, the award may be set aside or its recognition and enforcement may be refused see infra VIII.

  2. Pleas on Jurisdiction The arbitration will proceed and the Arbitral Tribunal shall decide such issue—unless the Secretary General refers the matter to the Court for a decision Articles 6 3 and 6 4 where any party:

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