8 Conduct of Arbitral Proceedings: (Articles 35 to 47)

2020 ◽  
Author(s):  
Yu Jianlong ◽  
Cao Lijun
Keyword(s):  
Arbitral Tribunal ◽  
Arbitral Proceedings

This chapter details the conduct of arbitral proceedings under the CIETAC Rules. It considers important procedural matters regarding the conduct of oral hearings, such as: principles on conduct of hearing; place of oral hearing; notice of oral hearing; confidentiality; default from arbitral proceedings; and record of oral hearing (Articles 35 to 40); some rules in regard to evidentiary issues (Articles 41 to 44); suspension of arbitral proceedings (Article 45); a party’s withdrawal of its claim and the associated consequences (Article 46); as well as the unique practice of combining conciliation and arbitration (Article 47). Article 35.1 provides that the arbitral tribunal shall examine the case in any way it deems appropriate unless otherwise agreed by the parties. Under all circumstances, the arbitral tribunal shall act impartially and fairly and shall afford a reasonable opportunity to both parties to present their case. As a principle, the arbitral tribunal is required to hold an oral hearing under the CIETAC Rules. However, there are two exceptional situations where the arbitral tribunal may examine the case on the basis of documents only, namely: (1) where all the parties agree and the arbitral tribunal consents; and (2) where the arbitral tribunal deems that oral hearings are unnecessary and the parties so agree.

2. How arbitration works

2021 ◽  
pp. 23-39
Author(s):  
Thomas Schultz ◽  
Thomas Grant
Keyword(s):  
Arbitral Tribunal ◽  
Arbitral Award ◽  
National Courts ◽  
Arbitral Proceedings

This chapter explains how arbitration works in practice. Arbitration takes place if and only if parties have consented to it. Their consent needs to make clear how, specifically, arbitration is going to work for them. Parties in some situations may use courts and through them the executive apparatus to assist in arbitral proceedings. Under most arbitration agreements, once the arbitrator or arbitral tribunal has given the final arbitral award, arbitral jurisdiction comes to an end, and so there is no place for a party to turn to appeal against an adverse award. However, a losing party nevertheless may have opportunities to challenge an award, including in proceedings in national courts.

Part III Arbitral Rules, 16 Rules of Arbitration of the International Chamber of Commerce (ICC)

2019 ◽  
Author(s):  
Baumann Antje
Keyword(s):  
Dispute Resolution ◽  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Time Limits ◽  
Chamber Of Commerce ◽  
International Court ◽  
Arbitral Proceedings ◽  
Number Of Parties ◽  
International Chamber Of Commerce

This chapter discusses the arbitration rules of the International Chamber of Commerce (ICC). It begins with a background on the ICC International Court of Arbitration, with emphasis on its role in the development of international commercial arbitration. It then examines the 2017 ICC Arbitration Rules, citing some relevant figures related to ICC arbitration for the year 2017, including the number of parties involved in cases, the arbitral tribunals, and awards rendered by arbitral tribunals. Figures on other ICC dispute resolution rules are also given. The chapter concludes with a commentary of Articles 1–42 of the ICC Arbitration Rules, which cover topics such as definitions; time limits for written notifications or communications; request for arbitration and the respondent’s counterclaims to such a request; effect of the arbitration agreement; constitution of the arbitral tribunal; appointment, confirmation, challenge, and replacement of arbitrators; and rules of law applicable to the arbitral proceedings.

Part I Commentary on the ICDR International Rules, 10 Article 10—Notices

2019 ◽  
Author(s):  
Gusy Martin F ◽  
Hosking James M
Keyword(s):  
Electronic Communication ◽  
Arbitral Tribunal ◽  
Time Limits ◽  
Effective Functioning ◽  
Arbitral Proceedings

This chapter looks at Article 10 of the ICDR Rules. Both the arbitral tribunal and the parties to an arbitration must communicate in an effective and pre-agreed manner to ensure the smooth conduct of arbitral proceedings. Article 10(1) addresses the practicalities regarding notification of all communications between the parties. Notably, it addresses the variety of forms of modern communication, paying particular attention to forms of electronic communication. Likewise, Article 10(1) is drafted in sufficiently broad terminology that permits the parties and the tribunal to communicate in a variety of ways. Meanwhile, Article 10(2) provides the framework for calculating periods of time and time limits under the Rules. By specifically defining when notice periods begin to run, and anticipating holiday and other interruptions, Article 10(2) pre-empts possible dilatory tactics and sets the parties’ expectations for prompt notification, service of documents, and other communications that are essential to the timely and effective functioning of an arbitration.

9 Conduct of the Arbitration (Articles 13–22, 25–26, 30–31)

2017 ◽  
Author(s):  
Moser Michael ◽  
Bao Chiann
Keyword(s):  
Prima Facie ◽  
Arbitral Tribunal ◽  
Arbitral Proceedings

This chapter addresses a number of key procedural steps and principles in an HKIAC arbitration. It begins with a discussion of the general principles governing the conduct of proceedings, followed by rules concerning the seat and venue of the arbitration and the language of the arbitration. The chapter then analyses the filing of and amendment to the parties’ written submissions. Next, the chapter discusses the arbitral tribunal’s authority to rule on its own jurisdiction as well as HKIAC’s prima facie power to proceed with an arbitration. The remainder of the chapter covers evidentiary matters and hearings, experts appointed by the arbitral tribunal, non-participation of a party in the arbitral proceedings, closure of the proceedings, and the waiver of a party’s right to object.

6 Conduct of the Proceedings

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Public Policy ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Legal Regime ◽  
Mandatory Rules ◽  
Recognition And Enforcement ◽  
The Law ◽  
Arbitral Proceedings ◽  
Do So

This chapter outlines the conduct of the tribunal and the parties during arbitration proceedings. In general, an arbitral tribunal must conduct the arbitration in accordance with the procedure agreed by the parties. If it fails to do so, the award may be set aside, or refused recognition and enforcement. However, the freedom of the parties to dictate the procedure to be followed in an international arbitration is not unrestricted. The procedure must comply with any mandatory rules and public policy requirements of the law of the juridical seat of the arbitration. It must also take into account the provisions of the international rules on arbitration, such as those of the ICC, which aim to ensure that arbitral proceedings are conducted fairly. Accordingly, a balance must be struck between the parties’ wishes concerning the procedure to be followed and any overriding requirements of the legal regime that governs the arbitration.

6 The Proceedings before the Arbitral Tribunal

2015 ◽  
Author(s):  
Kaufmann-Kohler Gabrielle ◽  
Rigozzi Antonio
Keyword(s):  
Best Practices ◽  
Final Section ◽  
Due Process ◽  
Ad Hoc ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Arbitral Proceedings

This chapter considers how arbitral proceedings unfold once the tribunal is constituted (as discussed in chapter 4), up until the deliberation phase (which is addressed in chapter 7). It starts by identifying the rules that govern the conduct of arbitral proceedings and then examines the interaction between those rules, before describing, by reference to current best practices, the different steps in a ‘standard’ international arbitration. The discussion illustrates, in particular, the articulation between fundamental principles of due process and the parties’ autonomy and arbitrators’ powers in organizing arbitral proceedings. The presentation of arbitral practice is supplemented by a number of model procedural documents: terms of reference for ICC arbitrations, terms of appointment, and a set of specific procedural rules suitable for both institutional and ad hoc arbitration, as well as a standard letter on the appointment of an arbitral secretary. The chapter’s final section is devoted to provisional measures.

V. Recognition of Arbitral Awards

1999 ◽  
Vol 48 (4) ◽  
pp. 975-977 ◽  
Author(s):  
Wendy Kennett
Keyword(s):  
Arbitral Tribunal ◽  
Military Equipment ◽  
Arbitral Award ◽  
The Face ◽  
Arbitral Proceedings ◽  
Court Of Appeal ◽  
Arbitration Award

A number of issues relating to the finality of arbitration awards in the face of arguments based on public and fraud were addressed by the Court of Appeal in Westacre Investments Inc. v. Jugoimport—SDRP Holding Co. Ltd.20 The claimant had obtained an arbitration award in its favour in Switzerland which it was seeking to enforce in England. The dispute referred to arbitration concerned a claim for payment of commission. The commission was due under a contract through which the claimant assisted the defendant to obtain a contract for the supply of military equipment to Kuwait. It was alleged in the English proceedings that this contract was invalid since the commission payment in fact amounted to a bribe to a member of the Kuwaiti government. The issue of bribery had been raised before the Swiss arbitral tribunal, but the majority of the tribunal found that they were not required to investigate this issue if the parties led no evidence to prove that it had taken place. The contract between the parties was therefore found valid and binding. An appeal to the Swiss Federal Tribunal was lodged by the defendant for an annulment of the arbitral award. The Federal Tribunal concluded that the nature of its competence to review arbitral proceedings required it to base its decision on the facts found by the Tribunal. It therefore confirmed the award. The defendants then tried to raise the same bribery issue in the enforcement proceedings in England.

Strategiczne międzynarodowe zarządzanie zasobami ludzkimi

2011 ◽  
Vol 21 (3) ◽  
pp. 0-0
Author(s):  
Marzena Fryczyńska
Keyword(s):  
Dispute Resolution ◽  
Alternative Methods ◽  
Arbitral Tribunal ◽  
Arbitral Proceedings ◽  
Commercial Disputes

Response to the challenges of the modern market, which requires prompt resolution of the business problems, in order not to fall out of the economic game, are the alternative methods of dispute resolution, which include arbitral proceedings. Arbitration might be useful while resolving civil and commercial disputes, increasingly many corporate disputes, like conflicts between the company and the partner. The arbitral tribunal is constituted by the parties, which are entitled to choose arbitrators, as well as rules governing the proceedings, if not provided otherwise. The main advantages of the arbitral proceedings are the following: flexibility, speed, effectiveness, informality in the conduct of the proceedings and confidentiality. However, the statistics regarding the number of the cases being arbitrated are not impressive, the increase in the number of the disputes directed to the arbitration might have been observed. It is determined by the dissemination of the idea of the arbitration – friendly businesses, likely to adapt to the requirements of the modern market.

scholarly journals Agreements Limiting or Expanding Grounds for Annulling International Arbitral Awards

2020 ◽  
pp. 130-157
Author(s):  
Dragana Nikolić
Keyword(s):  
Judicial Review ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Party Autonomy ◽  
Successful Resolution ◽  
The Law ◽  
Arbitral Proceedings

Within the traditional framework of international arbitration, an arbitral tribunal produces a final and binding award, which can be only exceptionally annulled based on the narrowly tailored grounds available under the law of the seat. However, parties sometimes seek to limit or expand the grounds for annulment, hoping to increase the chances for successful resolution of their dispute. As the clauses modifying the scope of judicial review become more popular, important questions come to the fore with respect to their validity, application and usefulness. This paper will analyse the compatibility of these clauses with the nature of arbitration, by examining their compliance with the principles of party autonomy and finality. Main characteristics and application of these arbitration clauses will be also discussed. In addition, the author will explore how the stipulation of these clauses affects the quality of awards, integrity of arbitral proceedings and enforceability of awards abroad.

6 The Arbitral Award

2016 ◽  
Author(s):  
Wolff Reinmar
Keyword(s):  
The Other ◽  
State Court ◽  
Arbitral Tribunal ◽  
Arbitral Award ◽  
Other Hand ◽  
Arbitral Proceedings ◽  
The One ◽  
German Court

This concluding chapter examines the arbitral award given at the outcome of the arbitration proceedings. It describes the different ways German arbitration law resolves the dispute — by decision of the arbitral tribunal and by settlement of the parties — and the rules which the arbitral tribunal applies when deciding on the merits and costs. Traditionally, arbitration is characterized by, on the one hand, largely flexible arbitral proceedings and, on the other hand, an outcome, the award that not only is tantamount to a state court judgment but also is equipped with restricted remedies and facilitated means of enforcement both domestically and internationally. In conformity with German court tradition, arbitral tribunals in Germany often encourage the parties to consider making a settlement. To facilitate enforcement of the terms of any such settlement, it may be recorded by the arbitral tribunal in the form of an award on agreed terms.

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