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 party’s
case.
Section 24
O Gives freedom to parties to choose and
agree on the language to be used in the
arbitral proceedings.
