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Arbitral procedures, like their court counterparts, are the nuts and bolts of dispute resolution. If in their final deliberations the arbitrators are able to craft a just award based on the law and facts adduced before them, it will only be because the arbitral procedures they and the parties adopted allowed the relevant law and facts to be adequately developed. And, needless to say, the award will be effective only if the arbitrators have been able to enter such orders as might have been necessary to preserve the subject matter of the dispute for their eventual resolution. Out of the twin objectives of fairness and effectiveness arise the powers of an arbitral tribunal to issue procedural orders and orders of interim measures, as well as the corresponding obligation of the parties to abide by them. This chapter will consider the sources and scope of the arbitrators’ authority to issue such orders.

II. Sources of Authority

There are three sources of authority for arbitrators to issue procedural orders: the parties’ agreement, the curial law, and inherent authority.