Section III – Arbitral Proceedings - Commentary on the UNCITRAL Arbitration Rules 2010: A Practitioner's Guide

Sophie Nappert is a dual-qualified lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in London. Before becoming a full-time arbitrator, she was Head of International Arbitration at Denton Wilde Sapte.

Ms. Nappert is trained and has practised in both civil law and common law jurisdictions. She is ranked in Global Arbitration Review's Top 30 List of Female Arbitrators Worldwide and is listed in the International Who's Who of Commercial Arbitration.

She is a member of the UNCITRAL Working Group on International Commercial Arbitration and participated in the Working Group's review and development of the 2010 UNCITRAL Arbitration Rules.

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Originally from: Commentary on the UNCITRAL Arbitration Rules 2010: A Practitioner's Guide

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—ARTICLE 17—

GENERAL PROVISIONS

Revised UNCITRAL Arbitration Rules February 2010 Section III. Arbitral Proceedings Article 17—General Provisions	UNCITRAL Arbitration Rules 1976 Section III. Arbitral Proceedings Article 15—General Provisions
1. Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is given a reasonable opportunity of presenting its case. The arbitral tribunal, in exercising its discretion, shall conduct the proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the parties’ dispute.	1. Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that at any stage of the proceedings each party is given a full opportunity of presenting his case.
2. As soon as practicable after its constitution and after inviting the parties to express their views, the arbitral tribunal shall establish the provisional timetable of the arbitration. The arbitral tribunal may, at any time, after inviting the parties to express their views, extend or abridge any period of time prescribed under these Rules or agreed by the parties.
3. If at an appropriate stage of the proceedings any party so requests, the arbitral tribunal shall hold hearings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument. In the absence of such a request, the arbitral tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials.	2. If either party so requests at any stage of the proceedings, the arbitral tribunal shall hold hearings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument. In the absence of such a request, the arbitral tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials.
4. All communications to the arbitral tribunal by one party shall be communicated by that party to all other parties. Such communications shall be made at the same time, except as otherwise permitted by the arbitral tribunal if it may do so under applicable law.	3. All documents or information supplied to the arbitral tribunal by one party shall at the same time be communicated by that party to the other party.
5. The arbitral tribunal may, at the request of any party, allow one or more third persons to be joined in the arbitration as a party provided such person is a party to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties. The arbitral tribunal may make a single award or several awards in respect of all parties so involved in the arbitration.

Table of Contents:

Section III – Arbitral Proceedings Article 17—General Provisions Article 18—Place of Arbitration Article 19—Language Article 20—Statement of Claim Article 21—Statement of Defence Article 22—Amendments to the Claim or Defence Article 23—Pleas as to the Jurisdiction of the Arbitral Tribunal Article 24—Further Written Statements Article 25—Periods of Time Article 26—Interim Measures Article 27—Evidence Article 28—Hearings Article 29—Experts Appointed by the Arbitral Tribunal Article 30—Default Article 31—Closure of Hearings Article 32—Waiver of Right to Object