Originally from: Soft Law in International Arbitration

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INTRODUCTION

Purpose of the Notes

1. The purpose of the Notes is to assist arbitration practitioners by
listing and briefly describing questions on which appropriately timed
decisions on organizing arbitral proceedings may be useful. The text,
prepared with a particular view to international arbitrations, may be used
whether or not the arbitration is administered by an arbitral institution.

Non‑binding character of the Notes

2. No legal requirement binding on the arbitrators or the parties is
imposed by the Notes. The arbitral tribunal remains free to use the Notes
as it sees fit and is not required to give reasons for disregarding them.

3. The Notes are not suitable to be used as arbitration rules, since they
do not establish any obligation of the arbitral tribunal or the parties to act
in a particular way. Accordingly, the use of the Notes cannot imply any
modification of the arbitration rules that the parties may have agreed
upon.

Discretion in conduct of proceedings and usefulness of timely decisions
on organizing proceedings

4. Laws governing the arbitral procedure and arbitration rules that
parties may agree upon typically allow the arbitral tribunal broad
discretion and flexibility in the conduct of arbitral proceedings.2 This is