5 Powers, Duties, and Jurisdiction of an Arbitral Tribunal
Nigel Blackaby, Constantine Partasides QC, Alan Redfern, Martin Hunter
Nigel Blackaby, Constantine Partasides, Alan Redfern, Martin Hunter
- Arbitrators — Arbitral rules & institutions — Enforcement
This chapter discusses an arbitral tribunal’s different powers, duties, and jurisdiction during arbitration proceedings. These arise from a complex mixture of the will of the parties, the law governing the arbitration agreement, the law of the place of arbitration, and the law of the place where recognition or enforcement of the award is to be sought. Parties confer powers upon the tribunal either directly or indirectly. A direct conferment occurs when the parties agree upon the powers that they wish the arbitrators to exercise, while indirect conferment happens when parties agree that the arbitration is to be conducted under pre-established rules. The chapter then describes the duties of an arbitrator, which may be divided into three categories: duties imposed by the parties; duties imposed by law; and ethical duties. Both the powers and duties comprise a tribunal’s jurisdiction, with the parties determining the extent of its validity.