|Help

Personal Views on How Arbitral Tribunals Operate and Reach Their Decisions - Inside the Black Box: How Arbitral Tribunals Operate and Reach Their Decisions - ASA Special Series No. 42

Author(s): 
Nael Georges Bunni
Page Count: 
6 pages
Published: 
December, 2013
Practice Areas: 
Authority of the Arbitral Tribunal,
Responsibility of Arbitrators

PDF105.83 KB

$40.00
Description: 
In International arbitration, there are more often than not three arbitrators of different nationalities, cultures, education and background. In most cases and under most arbitration rules, it is the duty of the arbitral tribunal, and in the first place its chairman, to prepare a case management scheme for the conduct of the arbitration on which the tribunal is appointed. In my view, case management should involve as a starting point a face to face preliminary meeting with the parties very soon after receiving the case file. At this gathering, besides meeting the parties, the arbitrators would have the first real opportunity to discuss with each other the issues facing them in detail. Extracting those issues at an early stage is the primary task of the tribunal and in this connection I would say the first step to deliberation session between the arbitrators may take place. Hence, it is extremely important, in my view, to have a face to face preliminary meeting rather than an audio or video conference, particularly if the members of the arbitral tribunal had not previously met. These deliberations would give the chairman a good insight into the stature and metal of the other members of the tribunal.