i-law

Arbitration Law

Chapter 14

ARBITRATION PROCEEDINGS

DETERMINING THE PROCEDURE

How the procedure is determined

14.1 The Arbitration Acts 1950 to 1979 were silent on the question of who was to determine the procedure to be adopted in the arbitration. In practice the point was not of huge significance, as the parties would rarely have a view on what procedure ought to be adopted, and the matter was left to be determined by the arbitrators. In many cases the procedure was predetermined by the adoption by the parties of the arbitration rules of a trade association or other institution. The general view was, however, that the parties themselves had the overriding right to determine the procedure, subject to overriding rules of public policy requiring overall fairness, and could either fix the procedure themselves, adopt the rules of a trade association, or delegate the decision to the arbitrators.1 It was only where the parties did not make any determination for themselves that the matter reverted to the arbitrators.2 The principle of party autonomy is generally accepted, and is reflected by the Model Law, art 19(1), which provides that “the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings”. In the absence of any such agreement, art 19(2) of the Model Law authorises the arbitral tribunal “to conduct the arbitration in such manner as it considers appropriate”, subject only to the principle of equal treatment set out in art 18 of the Model Law.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.