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The sources and limits of the arbitrator’s powers

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Abstract

The arbitrator dealing with an international commercial dispute has important powers. He need not follow the procedure laid down for actions in a court of law, provided that the procedure followed does not lead to unfairness between the parties. He has power to order pleadings and particulars, to fix dates for hearings, to grant postponements, to proceed with a hearing in the absence of a party duly notified, to order discovery, to order inspection of documents, property and premises, to order security for costs, to appoint experts, to delegate duties to secretaries, to refer costs to be taxed and consult with other persons and adopt their views as his own (after having formed his own judgment).

Keywords

  • Contemporary Problem
  • National Court
  • Arbitral Tribunal
  • Arbitral Award
  • Arbitration Clause

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References

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  69. Comments to ICC Case No 3267, 107 Clunet 969 (1980), by Derains.

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  70. ICC Case No 3938, 111 Clunet 926 (1984).

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  71. ICC Case No 4206, published in Affarsratt, No 3, 1984. Article 13.4 and 13.5 of the ICC Rules stipulates: The arbitrator shall assume the powers of an amiable compositeur if the parties are agreed to give him such powers. In all cases the arbitrator shall take account of the provisions of the Contract and the relevant trade usages.’

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  72. Comments to ICC Case No 3327, in 109 Clunet 976 (1982), by Derains.

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Jarvin, S. (1987). The sources and limits of the arbitrator’s powers. In: Lew, J.D.M. (eds) Contemporary Problems in International Arbitration. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-1156-2_7

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  • DOI: https://doi.org/10.1007/978-94-017-1156-2_7

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