Originally from Handbook on International Commercial Arbitration

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The duties and obligations of the Arbitral Tribunal are to be found primarily in the arbitration agreement and, by incorporation, in any institutional rules. These will be supplemented by the national laws of the seat and, as applicable, common law principles. The Tribunal will also have to observe ethical standards although these may replicate many of the primary sources.

Several common themes emerge from agreements, rules, and laws.

A. Acting Fairly and Impartially

This duty is a feature of nearly all modern legislation. It is considered to be a feature of the UNCITRAL Model Law (albeit it does not use the words “impartial” or “fair”) because the treatment of the parties “with equality” and that the requirement that “each party shall be given a full opportunity of presenting his case” are considered to be equivalent to principle of impartiality and fairness.

The concept of “fairness” entails fairness to both sides. Principles may conflict. For example, many rules will have an obligation to determine the reference with expedition and yet a party may wish to adduce further submissions, argument, and evidence that may defeat that aim. This may also conflict with a duty to allow a party to fully present its case. Inevitably, a balance must be struck to ensure that the procedure is kept under control.

Perhaps the foremost duty in this connection is that of equality and permitting a party to fully present its case. The equality rule permits both parties to have the same opportunity and this can result in, for example, the refusal of a Reply brief or submission on the basis that it would give one party two submissions and the other only one.