II. Preliminary Measures

After the initiation of the proceedings, the arbitral tribunal has to be constituted in accordance with the procedure set out by the law or the rules applicable to the arbitral procedure.[1] Once the arbitral tribunal is fully constituted, the arbitration institution usually forwards the file to the arbitral tribunal. The arbitral tribunal then must undertake any preliminary measures that are necessary to organize the proceedings. In particular, this means that the arbitral tribunal should establish a procedural timetable and that it should determine the location for any meetings, the language of the proceedings and the technology and the kind of evidence which will be accepted by the arbitral tribunal;[2] unless, of course, such issues have already been determined by agreement of the parties. To clarify those issues, it is often helpful for the tribunal to conduct one or more initial meetings with the parties. During all this time, the arbitral tribunal should pay regard to the general rule of most arbitration rules according to which the proceedings shall be conducted in a time and cost efficient manner.

[1] See above.

[2] Most arbitration rules use a rather flexible approach with respect to the admissibility and the weighing of evidence; providing for a broad discretion of the arbitral tribunal. See below.

Last modified: Sunday, 30 August 2015, 9:57 PM