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Welcome
Ian Dalley
MEng CEng MIET FCIArb CEDR accredited mediator Solicitor (England & Wales) DLA Piper Middle East LLP, Abu Dhabi
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Appointment
Nominated in the arbitration agreement Agreement after the dispute has arisen
under agreement to refer future disputes ad hoc agreement
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3 #
Number of arbitrators
Stated in the arbitration agreement Agreement after dispute has arisen If no agreement:
there will be three (Art. 10(2)) each party appoints one, and the two party appointed arbitrators appoint a third (Art. 11(3)(a))
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Judicial temperament / capacity Management skills Competence Diplomacy Discretion Flexibility Availability
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Jurisdiction
Definition:
the overall mantle of authority vested in the arbitral tribunal to determine the dispute
Sources:
Arbitration agreement Submission to arbitration
referral appointment document
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7 #
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Challenges to jurisdiction
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Duties
Definition: mandatory requirements which regulate the exercise of powers i.e.: what the tribunal must do
Sources:
Arbitration Agreement Arbitration rules Procedural law
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Powers
Definition:
the tools conferred on the arbitral tribunal by arbitration agreement and procedural law reinforce the exercise of the arbitral tribunals authority i.e.: what the arbitrators may do the to
Sources:
Arbitration agreement Arbitration rules Procedural law
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12 #
To inspect goods, other property or documents (Art. 24(2)) To make interim or partial awards (Art. 31) To correct awards (Art. 33(1)(a)) To give interpretation of a specific point or part of an award (Art. 33(1)(b)) To make additional awards (Art. 33(3))
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To determine the place of the arbitration (Art. 20) To determine the language of the arbitration (Art. 22) To determine whether to hold oral hearings or oral submissions (Art. 24) To appoint one or more experts to report on specific issues (Art 26(1))
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Questions
Any questions?
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