Part III The Initiation of the Arbitration and the Identification and Clarification of the Issues Presented, Ch.12 Notice and the Calculation of Periods of Time
David D Caron, Lee M Caplan
- Settlement of disputes — UNCITRAL Arbitration Rules — Arbitral tribunals
Principles of fairness dictate that every party to an arbitration should know when the proceedings were initiated, what documents are before the arbitral tribunal, and what opportunities exist during the arbitration for the party to present its case. In this sense, the right to be notified is closely linked to a party's fundamental right to be heard, 1 and a failure to provide a party adequate notice thus may result in a breach of due process that threatens the validity and enforceability of the award. 2 In this spirit, the UNCITRAL Rules require parties to...