Sébastien BESSON is a Partner at Python & Peter, a major Swiss law firm. He represents companies before arbitral tribunals and state courts in commercial disputes and serves as arbitrator. He has acted as chairman, party-appointed arbitrator, sole arbitrator, counsel or legal expert in numerous international arbitrations under the auspices of different arbitral institutions, and in various jurisdictions. He has also published extensively on arbitration, notably Comparative Law of International Arbitration (Sweet & Maxwell London, 2007) co-authored with Jean-François Poudret.
The present contribution deals with the role of arbitrators and arbitral institutions in court proceedings following the award. It is alltoo-well-known that the rendering of the award does not mark always the end and, sometimes, not even the beginning of the end of the arbitral process. The award may give rise to different types of court proceedings, in particular setting aside proceedings against the award and enforcement proceedings.1
This chapter will focus on the nature and extent of the involvement of arbitrators and arbitral institutions in these proceedings.
• What should they do in subsequent proceedings related to their award? • Do they have a duty to cooperate? • Is it open to them to send determinations, in particular in setting aside proceedings, or are they even under a positive duty to testify?
These questions may have important practical consequences for the parties and for the arbitrators. In a final section, we will address some aspects of liability claims against arbitrators and arbitral institutions.