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Husna Rodzi
Husna Rodzi

The arbitral proceedings involve first appointing an arbitrator through agreement of the parties, a third party, or the court. The arbitrator then holds a preliminary meeting to establish procedures and dates, and the proceedings commence once a request for arbitration is received. The arbitrator conducts the proceedings according to the arbitration agreement, procedures they decide if none are stated, or generally following court procedures, and treats both parties equally by allowing the presentation of evidence and cases.

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ADR Question October 2010 Part C
Question D O What are the processes involved in the arbitral proceedings conducted by the arbitrator/s? (15 marks)
O Firstly is to appoint an arbitrator or arbitrators. By three ways: -by the parties -by the third party -by the court
Section 22 O (1) parties free to agree on the seat of arbitration O (2) if failed to comply with (1), the arbitral tribunal will determine the seat of arbitration.
O Then, holds a preliminary meeting to settle : -matters of procedure -dates of hearing -inspection of relevant properties or papers -discovery and inspection of documents -etc..
Section 23 O unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request in writing for that dispute to be referred to arbitration is received by the respondent.
Section 21 O (1) parties are free to agree on the procedure. O (2) failed to comply with (1), the arbitral tribunal will determine the procedure.
O Arbitrator may conduct the proceedings : - in accordance with the arbitration agreement. - decided by him if there is not stated. - generally follow the procedure of an ordinary action in the courts.
Section 25 O (1) within a period of time agreed by parties, the claimant shall state his facts to support his claim, points at issue and the remedies he sought. O (3) either party may amend the claim or defense during the course of arbitral proceeding if both of them agreed to it.
Section 26 O (1) if both parties agreed, the tribunal will decide whether to hold oral hearings or just on the basis of documents. O Both parties shall be given prior notice of any hearing. O (4) any documents, statements or any information submitted by one party shall be communicated to the other party.
Section 28 O Expert may be appointed by the arbitral tribunal. Section 29 O Parties may apply to High Court for the assistance in taking evidence with the approval of the tribunal.
Section 20 O Both parties shall be treated in equality and be given a fair and reasonable oppurtunity of presenting that partys case. Section 24 O Gives freedom to parties to choose and agree on the language to be used in the arbitral proceedings.

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Adr present

  • 2. Question D O What are the processes involved in the arbitral proceedings conducted by the arbitrator/s? (15 marks)
  • 3. O Firstly is to appoint an arbitrator or arbitrators. By three ways: -by the parties -by the third party -by the court
  • 4. Section 22 O (1) parties free to agree on the seat of arbitration O (2) if failed to comply with (1), the arbitral tribunal will determine the seat of arbitration.
  • 5. O Then, holds a preliminary meeting to settle : -matters of procedure -dates of hearing -inspection of relevant properties or papers -discovery and inspection of documents -etc..
  • 6. Section 23 O unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request in writing for that dispute to be referred to arbitration is received by the respondent.
  • 7. Section 21 O (1) parties are free to agree on the procedure. O (2) failed to comply with (1), the arbitral tribunal will determine the procedure.
  • 8. O Arbitrator may conduct the proceedings : - in accordance with the arbitration agreement. - decided by him if there is not stated. - generally follow the procedure of an ordinary action in the courts.
  • 9. Section 25 O (1) within a period of time agreed by parties, the claimant shall state his facts to support his claim, points at issue and the remedies he sought. O (3) either party may amend the claim or defense during the course of arbitral proceeding if both of them agreed to it.
  • 10. Section 26 O (1) if both parties agreed, the tribunal will decide whether to hold oral hearings or just on the basis of documents. O Both parties shall be given prior notice of any hearing. O (4) any documents, statements or any information submitted by one party shall be communicated to the other party.
  • 11. Section 28 O Expert may be appointed by the arbitral tribunal. Section 29 O Parties may apply to High Court for the assistance in taking evidence with the approval of the tribunal.
  • 12. Section 20 O Both parties shall be treated in equality and be given a fair and reasonable oppurtunity of presenting that partys case. Section 24 O Gives freedom to parties to choose and agree on the language to be used in the arbitral proceedings.