An arbitral tribunal, when constituted under an arbitration agreement, is generally vested with various powers to effectively manage and resolve disputes. These powers enable the tribunal to conduct proceedings in a fair and efficient manner while ensuring all parties have an opportunity to present their cases. Key aspects of such powers include:
- Amendments and Adjustments The tribunal may allow any party to amend or supplement their claims, defenses, counterclaims, or other submissions. Such modifications are permitted only after giving all parties a chance to express their views and subject to any terms set by the tribunal, including costs.
- Extensions and Time Management The tribunal can extend or shorten time periods specified in the arbitration agreement or prior orders, even if the deadlines have already lapsed.
- Conduct of Enquiries The tribunal has the authority to conduct inquiries necessary to resolve the dispute, including identifying relevant issues and determining applicable legal principles, either at its own initiative or upon request.
- Inspection and Production of Evidence Parties may be ordered to produce or allow the inspection of documents, properties, or other items under their control if deemed relevant by the tribunal.
- Rules of Evidence The tribunal can decide whether strict evidentiary rules apply and set guidelines for how evidence should be exchanged and presented.
- Procedural Decisions It can determine the sequence and timing for resolving issues during the arbitration, tailoring procedures to suit the case.
- Jurisdiction and Early Determination The tribunal may decide if a claim or defense is outside its jurisdiction, inadmissible, or without merit. If warranted, it can issue an order or award reflecting such determinations at an early stage.
- Legal and Contractual Compliance Orders for specific performance, compliance with legal obligations, or compensation for breaches may be issued by the tribunal.
- Joinder of Parties With the consent of relevant parties, third parties may be joined in the arbitration, and the tribunal may issue awards addressing all implicated parties.
- Discontinuance of Arbitration If the tribunal concludes that arbitration has been abandoned or all claims have been withdrawn, it can order the proceedings to be discontinued after consulting with the parties.
By agreeing to arbitration, parties typically undertake not to seek court interventions for matters that the tribunal is empowered to resolve, except with mutual consent.
The tribunal resolves disputes based on the legal framework chosen by the parties. If no choice is made, it applies laws or principles it deems appropriate. Furthermore, principles such as equity or amiable composition are applied only when expressly agreed upon by the parties.
In some cases, external oversight bodies associated with arbitration frameworks may set or adjust procedural timelines, ensuring the smooth progression of the arbitration process.
These provisions underscore the comprehensive authority of arbitral tribunals to facilitate efficient, fair, and legally sound dispute resolution, balancing procedural flexibility with the rights of the parties involved.
